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Privacy Policy



This Privacy Policy is a material part of the contractual agreement between you and Treemark Solutions Private Limited

(“Ela”, “us”, “we”, “our”, “Company”, “Ela Apps”,”Ela Website”, “App”), which you agreed to when you created an account with us or otherwise used our Website. This Policy describes the ways we or our vendors collect, protect, use and store your personal information. You accept this Privacy Policy when you use our products and services on our website, on a mobile device or through any other means (Collectively the “Services”). If you do not agree to this Privacy Policy or our Terms of Service, do not use the Ela App or elawoman.com or any of our services.


Changes to the Privacy Policy.


We may amend this Privacy Policy as and when required and such amendments shall become effective once we have posted a revised copy to this website or Ela App and you will be deemed to have agreed to it if you continue to use our Website or Ela App post that date. If we make what we consider to be considerable changes to this Policy, we will alert you through a notice on the Ela App, on our Website, through an email, or through some other reasonable mechanism. Regardless of whether you receive such a notice, you will be bound by any revisions to the Policy and it is your responsibility to read and understand any new terms of this Policy.
Your privacy is important to us and, as described in this Privacy Policy, we have designed the Services to protect information about you from unauthorized disclosure to others. This Privacy Policy explains how we collect, use and, in certain circumstances, share your personally identifying information. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us. Through the use of the Services you may encounter information from or links to other sites. We are not responsible for the privacy policies of other sites. Please review those sites for their own privacy policies.


What We Collect


INFORMATION PROVIDED BY YOU:

Ela gives you a number of options regarding what information you will provide us:
• When you register to create an account with Ela (whether through Ela App or website);
• When you participate on a Community Group or other communication mechanism; and
• When you update a Ela App or the Website with information relevant to your fertility or menstrual cycle or pregnancy,
• When you submit an information form or call back form or use book appointment feature on the Ela Website or App
• When you call us and provide your details over a call to the representative
When you register with Ela you will submit a variety of information about yourself (such as name, gender, age, birth date, email address, password, place of residence, mobile phone number) and as you use the Ela Apps or Ela Website you may submit a variety of other information (such as menstrual cycle, weight, temperature, symptoms, occupation, hobbies, interests, pin code, locality, medical reports, medical consultations & prescriptions, Other information about your health and activities etc.). You may also choose to provide us with access to certain personal information stored by third parties including social media sites (such as Google, Facebook, Truecaller and Twitter). You will also have an option to permit us to import into the App data from third-party services such as Apple HealthKit, FitBit, Google Fit, among others. Such imported information may include: sports activities, weight, calories burnt, heartbeat rate, number of steps/distance travelled, and other information about your health. Permitting us to access third party information can help you to maximize your App experience, and we will handle any such third-party information in full accordance with this Privacy Policy. The information we have access is controlled by your privacy settings and your authorization. You may (and may be required to) share information about or give us access to additional third-party websites or services. In addition to information about yourself, it may be possible for you to submit other content ("Content"), such as photos and other media, each of which you present through technology available through the Services, including but not limited to our forum. It is entirely up to you whether you want to submit this additional information, and whether you would like to make it available to others – although information you share on the forum will automatically be shared with others, including users of the app and others on the internet. However, Ela has no responsibility for how people you allow to view your Content (or the public if you make any information available to the public or post on the Forum) use that material, or to whom they may forward it.
Finally, we may use information that you include in emails or other communication methods to us to assist us in providing the Service, we may provide this info to other medical service providers / doctors/ clinics/ hospitals so as to enable them to provide you the services and we may publish that information on an anonymous basis. In addition, the text of any posting on any one of the forums, bulletin boards, or other similar publically accessible systems offered by Ela (including any marketplace or services) becomes the property of Ela ,and may be republished by Ela in its sole discretion and will be made available to other people through the internet. In each case, we will collect and record the information you have provided.

INFORMATION WE COLLECT FROM OTHER SOURCES:

Other than names, cell phone number and email addresses provided at your discretion, we don't generally require you to give us any “Personally Identifying Information” about yourself, although of course all the information about your health is extremely private. Furthermore, when you use one of the Ela Apps, we may record information regarding the use of that Era App, including your cell phone number, and if such facilities are enabled on your cell phone, your location and similar information.
Finally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the app or website or wearable, including information about users accessing the Website or using the Ela App, such as Internet protocol addresses, time zone, information about your mobile service provider, which allows us to infer your general location, information about the mobile device you use to access the App, including the hardware model, operating system and version, unique device identifiers and mobile network information,browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).
When you visit the Ela app or website, we may also store information based on your usage history. This includes, but is not limited to, details of your transactions, content you viewed, click stream information, and cookies that may uniquely identify your browser or your account. We use various technologies to collect and store information which may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with the services we may offer to our partners, such as advertising services or Ela features that may appear on other sites and in any other manner that we deem necessary for our business purposes.
You may choose to provide us with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information we have access to varies by site and is controlled by your privacy settings on that site and your authorization. You may (and may be required to) share information about or give us access to additional third-party websites or services. Should you do so, you agree that Ela may collect, store and use this information in ways consistent with this Privacy Policy. By using the Service, you consent to our retaining all the above-described information indefinitely.


How We Use/Share Your Information



WE DO NOT RENT OR SELL YOUR PERSONAL INFORMATION TO ANY THIRD PARTIES. WE DON’T SHARE YOUR INFORMATION (OTHER THAN FORUM POSTS) TO SOCIAL NETWORKS OR OTHER PUBLIC OR SEMI-PUBLIC PLACES UNLESS INSTRUCTED BY YOU TO DO SO. However, we may share your personal information with third parties in an aggregate and anonymous format combined with the information we collect from other users.
We share your personal information with employees, affiliates, vendors, partners and third parties as required to offer the Services. This includes, but is not limited to, processing transactions, maintaining your account, responding to court orders and legal investigations, for litigation purposes, complying with audits or other investigations, and reporting to credit bureaus.
We may share your personal information as necessary in order for Ela to provide you Services, and possibly to tell you about products and services of interest to you. We also may decide to share your information for joint marketing purposes with other companies.
We will share your information with any party when required by law or by a government request to do so or to combat fraud or criminal activity.
We may share certain Personal Data, excluding information regarding your marked cycles, pregnancy, symptoms, notes and other information that is entered by you and that you do not elect to share, with third party vendors who supply software applications, web hosting and other technologies for the App. Third parties will not have access to our survey results and we will not reveal information about which articles you view. We will only provide these third parties with access to information that is reasonably necessary to perform their work or comply with the law. Those third parties will never use such information for any other purpose except to provide services in connection with the App. Apart of the cases regulated by this Privacy Policy we will never transfer your Personal Data to any third party without your prior explicit consent. Among others we may share your Personal Data with the following third-party services:
1. Fabric. We use Fabric, an analytics company and a Google subsidiary, to better understand your use of the App. For example, Fabric may use device identifiers that are stored on your mobile device and allow us to analyze your use of the App in order to improve our app feature. Read more about Fabric. Read about Fabric privacy approach here. 2. AppsFlyer. AppsFlyer is a mobile marketing platform. We may share certain non-identifiable information about you and some Personal Data (but never any data related to health) in order to carry out marketing activities and provide you better and more targeted, tailor-made service. Learn more about AppsFlyer. You can find AppsFlyer privacy policy here. 3. Facebook and Google. We use Facebook Analytics and Google Analytics tools including Firebase to track installs of our App. Normally, Facebook and Google collect only non-personally identifiable information, though some Personal Data like device identifiers may be transferred to Facebook and Google. Read more about analytical services provided by Facebook here. And by Google here. You can find their data practices in ‘Privacy’ sections.
The above mentioned third-party services are either EU-based or compliant with the GDPR (for example, EU-US Privacy Shield Framework that ensures that European data protection requirement are met). The privacy policy of these services can be found on their respective websites.
We do not sell or rent your “Personally Identifiable Information” to any third party without your express approval except: as reasonably necessary to fulfill your service request, to third-party fulfillment houses, customer support, billing and credit verification services, and the like; to comply with tax and other applicable law; as otherwise expressly permitted by this Privacy Policy or Ela’s Terms of Use or as otherwise authorized by you. Ela does not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.
We make your profile available to other users according to the privacy settings you set for yourself as part of your profile. Your user name will be identified to us and to any recipient of messages you send through the Services including on forums. We also use your name, email address and other information on our system to notify you of new product releases, service notifications, and to solicit your feedback and input. In the event that we decide to allow you to submit other information about yourself, the availability of that information to other users will also be controlled by privacy settings you may set for yourself.
You understand and agree that we may access, preserve, and disclose any information we may have about you and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. Ela is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that it receives. Ela may maintain copies of your content indefinitely, even after you terminate your account.
We also use non-Personally Identifiable Information and certain technical information about your computer and/or smartphone and your access of the Services (including your Internet protocol address) in order to operate, maintain and manage the Services. Ela may disclose that kind of information to its partners in order to provide the Services, resolve service problems and correct errors in the Services, to communicate with you about the Services, to provide you with promotional information in connection with the Services, and to enhance your experience on the Services. However, we do not give our partners an independent right to share this information. Due to our contractual obligations with these third parties and the need to share information to deliver and support the Services, however, we cannot provide you with the opportunity to opt-out of sharing information (whether Personally Identifiable Information or other information) with these third parties. Ela, certain of its partners, and each of their contractors and employees may view the content that you upload to the Services in order to provide the Services and otherwise perform the tasks set forth in this Privacy Policy.
We may use this information to verify your identity, verify your address, or manage risk. We may also use information to perform and improve our Services, contact you, conduct research, and provide anonymous reporting for medical research. For example, we may use information to provide customer service and support, process transactions, resolve disputes, collect payments, prevent illegal activities, customize the Services and recommendations, reduce risk to all parties involved in our transactions, and verify the accuracy of information.
We may use information to deliver targeted marketing, products, or service update notices, and promotional offers based on your communication preferences. We may combine your information with information we collect from other companies and use it to improve and personalize the Services, content, and advertising. We may also do so in order to improve our prediction methodologies and algorithms.
We will not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you in accordance with this Section of the Privacy Policy or collect any Personal Data that is not required for the mentioned purposes. For any new purpose of processing we will ask your separate explicit consent. To the extent necessary for those purposes, we take all reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We also undertake to collect only such amount and type of Personal Data that is strictly required for the purposes mentioned in this Section of the Privacy Policy (“data minimization principle”).

Controlling Your Personal Information



Be advised that if you send messages or post material on or forums or elsewhere containing personal information, that information may be collected and used by others. The Services provide a number of tools that you can use to control the availability of your profile and other personal information, but forum posts will be available to the general public. You can edit your profile and other information at any time through each of the Ela Apps and/or the Website.
You can terminate your account at any time which will remove your profile and other personal information from view. Ela, however, may (but is not obligated to) keep information about you that is on its system following your termination and your forum posts will continue to be available online.

Modification, correction and erasure



You are able to modify, correct, erase, and update your Personal Data by writing us at [email protected]

Access



You have a right to access your Personal Data you insert into the App and ask us about what kind of Personal Data we have about you. You can do this by using the app settings or by writing us at [email protected]

EU residents



Individuals residing in the countries of the European Union have certain statutory rights in relation to their personal data introduced by the General Data Protection Regulation (the “GDPR”). Subject to any exemptions provided by law, you may have the right to request access to Personal data (including in a structured and portable form), as well as to seek to update, delete or correct Personal data:
1. Rectification of Personal Data and Restriction of Processing. You are responsible for ensuring the accuracy of your Personal Data that you submit to Ela. Inaccurate information will affect your experience when using the Ela Web Sites and tools and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is inaccurate, you have right to contact us and ask us to correct such Personal Data by contacting us at [email protected] You shall also have the right to request restriction of processing of your Personal Data, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy. 2. Access to your Personal Data and Data Portability. The App gives you the ability to access and update Personal Data within the App and your account settings. You shall have the right to request information about whether we have any Personal Data about you, to access your Personal data (including in a structured and portable form) by simply writing us at [email protected] 3. Erasure of your Personal Data. If you believe that your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or in cases where you have withdrawn your consent or object to the processing of your Personal Data, or in cases where the processing of your Personal Data does not otherwise comply with the GDPR, you have right to contact us and ask us to erase such Personal Data as described above. You can simply write us at [email protected] Please be aware that erasing some Personal Data inserted by you may affect your possibility to utilize the App and its features. Erasure of some Personal Data may also take some time due to technical reasons. 4. Right to object processing of your Personal Data. You can object processing your Personal Data and stop us from processing your Personal data, simply write us at [email protected] Please be aware that erasing some Personal Data inserted by you may affect your possibility to use the App and its features. 5. Notice about automated decision-making. We use automated decision-making tools (e.g. neural networks or other automated tools) that process your Personal Data in order to provide you proper Services (for example, predictions of your cycle). Normally, such automated decision-making works more precisely, if you insert more Personal Data about your cycle, symptoms, physical activities that our neural networks can work with. Our algorithm process this information in order to track particular dependencies and correlations in your cycles and symptoms and provide you more personalized information about your cycle and its predictions. 6. Notification requirements. We commit to notify you within reasonable period of time and your data protection authority within the timeframe specified in applicable law (72 hours) about any personal data breaches in the App. 7. Data Protection Authorities. Subject to GDPR, you also have the right to (i) restrict our use of Personal Data and (ii) lodge a complaint with your local data protection authority about any of our activities that you deem are not compliant with GDPR.
Please keep in mind that in case of a vague access, erasure, objection request or any other request in exercise of the mentioned rights we may engage the individual in a dialogue so as to better understand the motivation for the request and to locate responsive information. In case this is impossible, we reserve the right to refuse granting your request.
Following the provisions of GDPR we might also require you to prove your identity (for example, by requesting an ID or any other proof of identity) in order for you to invoke the mentioned rights, specifically if you exercise them in respect to special categories of Personal Data like data about health. This is made to ensure that no rights of third parties are violated by your request, and the rights described in this section are exercised by an actual Personal Data subject or an authorized person.
Please note that we will grant your request within 30 days after receiving it, but it may take us up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems – this is due to the size and complexity of the systems we use to store data.
If you remove data from your account, you will no longer see it in the App, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical solutions we use. However, we undertake to delete any such backups within a reasonable period of time.
If you choose to delete the App, deactivate your account, we retain your Personal data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you.

Transfer of Information


We reserve the right to transfer your personal information in the event of a transfer of ownership of Ela or the acquisition of substantially all the assets of Ela related to the business which collected such information, such as acquisition by or merger with another company (including an acquisition of less than all of the assets of Ela). In such an event, Ela will notify users who have provided email addresses when information about those users is transferred and becomes subject to a different privacy policy.

Others' Information



You may decide to provide us with another person's email address so that person may be invited to join Ela or so that we may facilitate your communication with other people through the Services. You may also provide us with another person's contact information for purposes of delivering information through the Ela Apps. We use this information to contact and, if necessary, remind that person that he or she has been invited to join Ela or received content through one of the Ela Apps. All invitees are provided with the option not to receive further invitations from Ela. We may disclose such information if required to do so in order to comply with legal process, as described above.

Third Party Content



Ela may use information derived from your use of the System to determine what content we believe may be of interest to you, including content from the providers of goods and services that you may be able to purchase through the System or otherwise (who may pay us to show you such content). We do not provide any personally identifiable information to third-party content providers. Note, however, that if a third party content provider asks us to show content to users with certain characteristics (for example, women ages 18-24) or a segment of that group (for example, women ages 18-24 who have indicated they are trying to conceive) and you respond to that content or click on links embedded in that content, the third-party content provider may conclude that you have the characteristics of the audience that they are trying to reach. Ela does not have access to or control over cookies, web beacons, or other technologies that third parties who have asked us to show you content may use, and the privacy practices of these third parties are not covered by this privacy policy. Please contact these companies directly for information on their data collection and privacy practices.

Cookies


The Service sends "cookies" to your computer or smartphone when you access the Website or use one of the Ela Apps and the Services use such cookies as described here. The Services uses cookies to improve the quality of our service, make recommendations, and make the Services easier to use for our members. A cookie is a small text file recorded on your hard drive or smartphone that identifies you as a unique user and contains certain information about your particular login session and/or your use of the Services.



Personal data you elect to share with third parties


You can direct us to share data from the App with other parties. For example, you can permit us to share data with other health apps and services like Google Fit , FitBit and Apple HealthKit. Once you direct us to share your data with a third party, that third party will have their own privacy policy and we do not control how the third party uses or handles the information. You can revoke your consent to share information with such a third party at any time in your App account settings.
We take reasonable steps in order to ensure compliance of such third parties with any applicable laws that might govern processing of your Personal Data. For example, for the EU residents’ Personal Data we make reasonable efforts to ensure that such third parties are GDPR compliant and have GDPR compliant privacy policies in place.



Use of Information


The Services may contain links to other web sites, and content in the Ela Apps may be hosted by other web sites. These other sites maintain their own policies regarding cookies and the collection and use of personal information. It is up to you to review those policies yourself.


Security



We use industry standard security measures to protect your information so that it is not made available to unauthorized parties. If you have any questions regarding which measures and techniques we use, feel free to contact us. We store and process your information maintaining physical, electronic and procedural safeguards. We maintain physical security measures to guard against unauthorized access to systems and use safeguards such as firewalls and data encryption. We enforce physical access controls to our buildings, and we authorize access to personal information only for those employees who require it to fulfill the responsibilities of their jobs.
We take all reasonable and appropriate measures to protect all collected Personal Data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data that we process and risks associated with special categories of Personal Data we collect (information about health). Among others, we utilize the following information security measures to protect your Personal Data:
1. Pseudominization and tokenization of certain categories of your Personal Data; 2. Encryption of your Personal Data in transit and in rest; 3. Systematic vulnerability scanning and penetration testing; 4. Protection of data integrity; 5. Organizational and legal measures. For example, our employees have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of the App. We impose strict liability on our employees for any disclosures, unauthorized accesses, alterations, destructions, misuses of your Personal Data. 6. Conducting periodical data protection impact assessments in order to ensure that the App fully adheres to the principles of ‘privacy by design’, ‘privacy by default’ and others. We also commit to undertake privacy audit in case of Company’s merger or takeover.
Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your mobile device. Please understand that no security system is perfect and, as such, we cannot guarantee the absolute security of the App, or that your information won’t be intercepted while being transmitted to us. If we learn of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in this Privacy Policy.
We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable and appropriate steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.


Children’s Privacy


General age limitation. We are committed to protecting the privacy of children. The App / Website is not intended for children and we do not intentionally collect information about children under 13 years old. The App does not collect Personal Data from any person the Company actually knows is under the age of 13. If you are aware of anyone under 13 using the App, please contact us at [email protected] and we will take required steps to delete such information and (or) delete her account.
Age limitation for EU residents. Due to requirements of the GDPR you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow use of the App by the EU residents younger than 16 years old. If you are aware of anyone younger than 16 using the App, please contact us at [email protected] and we will take steps to delete such information and (or) delete his/ her account.



Data protection & Grievance officer


To communicate with our Data Protection or Grievance Officer, please email at d[email protected]


Additional Questions


Again, feel free to contact us by sending an email to care at elawoman.com, any time, if you have further questions about Ela or this Privacy Policy.


Please contact care at elawoman.com if you would like to receive a copy of this document showing changes from previous versions.

How You Can Reach Us If you have questions or concerns regarding this policy, you should contact us at [email protected] Our EU representative can be reached at [email protected]