Privacy Policy

Neuracle Health Private Limited (referred to as “we”, “us”, “Marbles Health”) is the author and publisher of the internet resource <https://www.marbles.health/> (“Website”) on the world wide web as well as other software and applications offered by Marbles Health, including but not limited to, the mobile applications and/or platforms in connection to the below offerings (collectively hereinafter referred to as “Apps” and together with Website referred to as “Services”):

1. Ease: Our device offering psychiatry care solutions through Executive Functioning and Affective Salience through Stimulation, CET, and EEG along with relevant dashboards, Cognitive Emotional Training (CET) application; and

2. Marbles App: Our one stop brain strengthening platform offering custom personalised modules.

This privacy policy ("Privacy Policy") explains how we collect, use, share and protect personal information about the Users of the Services (jointly and severally referred to as “you” or “User” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information and inform you of your rights as a User. This Privacy Policy forms an integral part of the Company’s Terms of Use (“Terms”) which govern your access to and use of the Website and/or the Services. For the purposes of this Privacy Policy, unless defined hereunder, all capitalized terms shall have the meaning ascribed to them in the Terms available at [insert hyperlink]. 

This Policy is published in compliance with, inter alia:

1. Section 43A of the Information Technology Act, 2000 (“IT Act”);

2. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and

3. Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”).

1. General Terms

   1.1 By accessing or using the Website or the Services, or by otherwise giving us your information, you confirm that you have the capacity to enter into a legally binding contract under the Indian Contract Act, 1872, and have read, understood, and agree with the privacy practices described in this Privacy Policy and the Terms and the collection, storage and processing of your personal information (“Personal Information”) in accordance with them. Please go through this Privacy Policy in detail and contact us if you have any questions or require any clarifications.

1.2 You hereby consent to our collection, storage, processing, use, sharing, disclosure, or transfer of your Personal Information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of this Privacy Policy, at our sole discretion, at any time. While the Company will periodically inform you of this Privacy Policy or any material changes to this Privacy Policy that the Company makes, you are responsible to check this page regularly to make note of any changes. Your continued use of the Website and/or the Services means that you accept and agree to the changes in the Privacy Policy.

1.3 If you utilize the Services on behalf of another individual (such as your child) or an entity, you affirm that you are duly authorized by such individual or entity to accept this Privacy Policy on their behalf.

1.4 If you are accessing or using our Services or the Website from an overseas location, you do so at your own risk, and shall be solely liable for compliance with any applicable local laws.

1.5 If you do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this Website or any Services. 

2. Collection of Information

2.1 When you access the Services, we may ask you to provide us with certain information that personally identifies you or could be used to personally identify you (“Personal Information”). Additionally, we may also collect Personal Information from you through inquiries made about our Services, feedback submissions, participation in online surveys, completion of contact forms for assistance with your requests, or direct provision during business interactions with you or visits to our office locations. Without prejudice to the generality of the above, Personal information collected by us from you shall include inter-alia the following:

1. socio Demographic Information such as name, age, gender, education details, occupation, contact details, income, address, etc.;  and

2. health related information such as diagnosis, current treatment regime, medical history, clinical assessment score, EEG data, etc.

2.2In addition to the Personal Information that is provided by you, we may also collect some other information that is automatically procured through your use of cookies, web beacons, and similar technologies (“Other Information”). Such Other Information may include inter-alia the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer/ device operating system, type of web browser used, as well as the name of User’s ISP, time spent on a specific web page, etc.

2.3 The IT Act and the SPDI Rules regulate the collection, usage, retention, and disclosure of personal information, including ‘SPDI’, which are defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. All Personal Information and SPDI is provided by you to us voluntarily. By providing us your Personal Information, and SPDI, you provide your express consent to us to collect, store, process, transfer and disclose to third parties your Personal Information and SPDI in accordance with the terms of this Policy. 

2.4 We may combine the Personal Information provided by you with the Other Information collected to create a more comprehensive profile of our Users and improve the relevance of our services and communications. By using our platform, you consent to the collection and processing of both Personal Information and Other Information as described in this Privacy Policy. You have the option to withdraw your consent or disable cookies through your browser settings, but please note that certain features of the platform may not function properly if cookies are disabled.

2.5 Please be aware that third-party services integrated into our platform may also collect information about your interactions with their services, subject to their own privacy policies. We encourage you to review the privacy policies of these third-party services for more information on their data collection practices.

2.6 Any information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as Personal Information. 

3. USE AND SHARING OF INFORMATION

   3.1 When you provide any information, you acknowledge that Marbles Health, either itself or with its Partners, may use certain information of yours,

   1. for the purpose of providing you the Services;

   b. for bettering of Services;

   c. or contacting Users for offering new products or services; 

   d. for contacting Users for sharing blogs, newsletters and other periodic information from time to time; and

   e. for any other purpose permissible under the law.

3.2 We do not share any information provided by you with any third party without your consent. However, we reserve the right to utilize such information in an aggregated or non-personally identifiable form for research, statistical analysis, and business intelligence or development purposes. In such instances, we may transfer this aggregated or non-personally identifiable information to third parties. Additionally, we may incorporate such aggregated or non-personally identifiable information into other commercial product offerings of Marbles Health. By using our Services, you hereby consent to such use and sharing of information.

3.3 Any queries sent to us using email or secure messaging forms will be shared with our employees, consultants, associates and/or and health care professionals who are most able to address the comment or question. We will archive or delete your messages appropriately once we have made our best effort to provide you with a complete and satisfactory response. When you use our Services to interact directly with Marbles Health agents, representatives, employees, or professionals, some information you provide may be documented in your medical record, and be available for use to guide your treatment as a patient.

3.4 Marbles Health takes your right to privacy very seriously and is committed to protecting your information. Except as explicitly outlined in this Privacy Policy, we will only disclose your Personal Information if required by law, regulation, law enforcement agency, governmental authority, or similar legal obligations. Additionally, we may exercise discretion to disclose Personal Information to protect our rights or the rights of others, to prevent harm to individuals or property, to combat fraud and credit risk, or to enforce our Terms of Use.

3.5 Marbles Health acknowledges the possibility of business reorganizations, mergers, or asset sales. In such cases, Marbles Health reserves the right to disclose or transfer the information provided by you, including Personal Information, to a third party involved in the transaction. 

4. YOUR RIGHTS

4.1 Right to erasure: If you wish to cancel your account or request that we no longer use your information to provide you Services, you can contact us for the same. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. 

4.2 Right to access/ rectification: You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on your profile information page on the App or by contacting us. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or Marbles Health has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Marbles Health may, at its sole discretion, discontinue the provision of the Services to you.

4.3 Right to restrict processing: In case you believe that the information we hold about you is inaccurate and require time for us to verify its correctness or you object to the processing of your data based on your legitimate interests, and the verification of whether these interests outweigh our reasons for processing is ongoing, we will stop processing your personal information immediately and may process it only for the purposes you allow us for.

5. CONFIDENTIALITY AND SECURITY

   5.1 Marbles Health is committed to protecting your Personal Information with a comprehensive security framework. This includes robust technical safeguards like AES 256 encryption on AWS, organizational policies, regular system maintenance, secure access controls, employee training, and data access reviews. 

5.2 Notwithstanding the above, Marbles Health shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Marbles Health including, acts of government, attack on our systems, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User etc.

5.3 Marbles Health does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Marbles Health. You shall be liable to indemnify Marbles Health, its employees, representatives, and associates for any loss suffered by them due to such unauthorized use of your account and password.

6. THIRD PARTY LINKS

   6.1 Our Website may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content, or resources (“Third-Party Links”). We have no control over such Third-Party Links, which are provided by persons or companies other than us. You acknowledge and agree that we are not responsible for any collection or disclosure of your information by any external sites, applications, companies or persons thereof. The presence of any Third-Party Links cannot be construed as a recommendation, endorsement, or solicitation of any material or content on such Third-Party Links, or any other material on or available via such Third-Party Links.

6.2 You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information via Third-Party Links, as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third-Party Links. This will include all transactions, and information transmitted therein, between you and any such third-party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties.

6.3 Such third-party websites, and external applications or resources, accessible via the Third-Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of your information that you may be subject to. We recommend that you exercise reasonable diligence, as you would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy. 

7. CHANGE TO PRIVACY POLICY

7.1 Marbles Health may update this Privacy Policy from time to time. In the event there are significant changes in the way Marbles Health treats User’s Personal Information, or in the Privacy Policy itself, Marbles Health will display a notice on its platforms or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. If you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact us. Unless stated otherwise, Marbles Health’s current Privacy Policy applies to all information that Marbles Health has about you and your account.

7.2 If a User uses the Services after a notice of changes has been sent to such User or published on the platforms, such user hereby provides their consent to the changed terms.

8. CHILDREN'S AND MINOR'S PRIVACY

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

9. PAYMENT PROCESSING DISCLOSURE

9.1 All and any payment transaction(s) made through our Website or Apps are handled and stored by our payment partner(s) in accordance with their respective payment processing policies and procedures. We do not retain or process any User's cardholder data. Consequently, we assume no liability for any issues or disputes arising from any such payment transactions.

10. COMPLIANCE WITH HIPAA AND GDPR

    10.1 We are committed to ensuring compliance with the General Data Protection Regulation (GDPR) and the Health Insurance Portability and Accountability Act (HIPAA) wherever applicable. We prioritize the protection and privacy of personal data and health information in accordance with all applicable laws. Our policies, procedures, and technical safeguards are designed to safeguard the confidentiality, integrity, and availability of personal data and protected health information. We regularly review and update our practices to ensure ongoing compliance with GDPR and HIPAA standards wherever applicable.

11. GRIEVANCE ADDRESSAL AND PRIVACY QUESTIONS

    11.1 In case, you have  questions about this Privacy Policy or any grievances in relation to the collection and processing of your Personal Information, you can contact us by mail at:

Attn: [support@marbles.health] 

The Grievance Officer

11.2 We shall endeavour to resolve your grievances within 15 (fifteen) days from the date of receipt of such grievance.