21.1 ALL USER NOTE:

This section applies to all users.;

21.1.1. Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by IL Take Care immediately.

21.1.2. An indicative list of information that IL Take Care may require you to provide to enable your use of the Services is provided in the Schedule annexed to this Privacy Policy.

21.1.3. All the information provided to IL Take Care by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary and may be used by us for a number of lawful purposes connected with our business operations and functions. You understand that IL Take Care may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for research, statistical analysis and business intelligence purposes, (c) for communication purpose so as to provide you a better way of availing services and for obtaining feedback in relation to the Hospitals, Doctors and other service providers, (e) debugging customer support related issues.. (f) for the purpose of contacting you to complete any transaction if you do not complete a transaction after having provided us with your contact information in the course of completing such steps that are designed for completion of the transaction. IL Take Care also reserves the right to use collected information including but not limited to files/documents, pictures/images, camera access, audio, microphone, and videos provided by or about the End-User for the following purposes:

• Publishing such information on the Mobile application.
• Receiving of communication and notification.
• Contacting End-Users for offering new products or services including but not limited to uploading medicine prescription, scanning of face, other policy and claim related services..
• Contacting End-Users for taking product and Service feedback.
• Analysing software usage patterns for improving product design and utility.
• Analysing customer/user attributes to make the services better
• Verification of your identity and address as per prevalent laws and regulation
• In the normal course of business to enforce the terms and conditions of products or services
• Creation and maintenance of health and other insurance related records in electronic form
• Dealing with requests, enquiries or complaints and other customer care related activities and all other general administrative and business purposes
• Performance of outsourced non-core activities as per the regulatory prescriptions
• Sharing with reinsurers who may have offices outside India and with third party service providers to facilitate the provision of services, analysis and insights etc.
• Address network integrity and security issues
• Carrying out our obligations in relation to any agreement with our business partners or contractors
• Carrying out any activity in connection with a legal, governmental or regulatory requirement for the purpose of compliance of a legal obligation in connection with legal proceedings, in connection with prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, protect safety or to help investigations, monitor or prevent or take action regarding unlawful and illegal activities/suspected fraud/potential threat to the safety or security of any person.
• Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer or any part of our business in respect of which you are a customer or a potential customer.
• If you have voluntarily provided your Personal Information to IL Take Care for any of the purposes stated above, you hereby consent to such collection and use of such information by IL Take Care. However, IL Take Care shall not contact you on your telephone number(s) for any purpose including those mentioned in this sub-section 4.1(iii), if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and un-ambiguous written consent.
• We may process your personal data, during relevant periods of activity, to analyse trends, and enhance our products and services, ensuring that we provide more relevant content, service offerings, incentivizing activities and to ensure enhanced customer experience. If consented, we may collect various forms of activity data such as accelerometer, gyroscope, and magnetometer data, which allows us to accurately assess performance and provide insights related to usage of our Services and/or facilitation of benefits/covers offered by Us.

21.1.3. Collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.

21.1.4. IL Take Care does not control or endorse the content, messages or information found in any Services and, therefore, IL Take Care specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against IL Take Care relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against IL Take Care relating to the same.

21.1.5 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, add member or amend information by making the change and we will check the same as per policy terms and conditions. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or IL Take Care has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, IL Take Care may, at its sole discretion, discontinue the provision of the Services to you.

21.1.6. IL Take Care may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which the amount(s) is/are payable. IL Take Care will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, IL Take Care provides you an option not to save your payment details.

21.1.7. A User may have limited access to the Mobile application without adding policy on the Mobile application. Non policy added users can only search for network hospitals and check the type of assistance and services IL Take Care provides. In order to have access to all the features and benefits on our Mobile application, a User must first add their ICICI Lombard policy on our Mobile application. IL Take Care may, in future, include other optional request for information from the User to help IL Take Care to customize the Mobile application to deliver personalized information to the User.

21.1.8. This Privacy Policy applies to Services that are owned and operated by IL Take Care. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which IL Take Care is not responsible or liable. Accordingly, IL Take Care does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such mobile applications, nor does IL Take Care guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such webpage or websites. The inclusion or exclusion does not imply any endorsement by IL Take Care of the mobile application, the mobile application's provider, or the information on the mobile application. If you decide to visit a third party mobile application or web-link or websites linked to the Mobile application, you do this entirely at your own risk.

21.1.09. IL Take Care implements reasonable security practices and procedures with respect to the information being collected and the nature of IL Take Care’s business.

21.1.10. IL Take Care takes right to privacy seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when IL Take Care, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use. The Company is further authorized to and may share Personal Information and/or Sensitive Personal Data or Information for providing you with any of your subscribed services and any service related activities such as collecting subscription fees from you for those services, and notifying or contacting you regarding any problem with or the expiration or such services.

21.1.11. In the event of a merger, reorganization, acquisition, joint venture, assignment, spin off, transfer, asset sale or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all personal information to the relevant third party with same rights of access and use.

21.1.12. IP addresses help us customize your visit to our website since they are tied to personally identifiable information. We confirm that this information is not shared with third parties for their promotional purposes, except as provided under Disclosure of information Clause as above. When you download or use our mobile apps, we also collect various device specific details like Device ID and Device Accounts including third party accounts or MAC address. This data is used to resolve technical difficulties and to provide you with the correct and most recent version of our mobile apps.

21.2. END-USERS NOTE

This section applies to all End-Users.

21.2.1. As part of the registration/policy addition and submission process that is available to End-Users on this Mobile application, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End- Users.

21.2.2. All the statements in this Privacy Policy apply to all End-Users, and all End-Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to IL Take Care.

21.2.3. End-Users’ personally identifiable information, which they choose to provide on the Mobile application is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by IL Take Care from End-Users (such as, patterns of utilization described above) and is exclusively owned by IL Take Care. IL Take Care may also use such information in an aggregated form for research, statistical analysis and business intelligence purposes and may transfer such research, statistical or intelligence data in an aggregated to third parties and affiliates. In particular, IL Take Care reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:

• Analysing software usage patterns for improving product design and utility.
• Analysing such information for research and development of new technologies.
• Using analysis of such information in other commercial product offerings of IL Take Care.

21.2.4. IL Take Care will communicate with the End-Users through email, phone and notices posted on the Mobile application or through other means available through the service, including text and other forms of messaging.

21.2.5. IL Take Care may keep records of electronic communications and telephone calls received and made for making appointments or for the purpose of administration of Services, customer support, research and development and for better listing of Doctors.

21.2.6. All IL Take Care employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. IL Take Care has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which IL Take Care transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.

21.2.7. To the extent necessary to provide End-Users with the Services, IL Take Care may provide their Personal Information to third party contractors who work on behalf of or with IL Take Care to provide End-Users with such Services sought by the users, to help IL Take Care communicate with End-Users or to maintain the Mobile application. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Mobile application, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.

22. CONFIDENTIALITY AND SECURITY

i. Your Personal Information is maintained by IL Take Care in electronic form on its equipment and on the equipment of its employees. Such information may also be converted to physical form from time to time. IL Take Care takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of IL Take Care’s business.

ii. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Mobile application when finished. IL Take Care does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify IL Take Care by sending an email to ihealthcare@icicilombard.com. You shall be liable to indemnify IL Take Care due to any loss suffered by it due to such unauthorized use of your account and password.

iii. IL Take Care makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis and binds only its employees to strict confidentiality obligations.

iv. Part of the functionality of IL Take Care is assisting the doctors to maintain and organise such information and claims team to access the documents submitted by the User. IL Take Care may, therefore, retain and submit all such records to the appropriate authorities or to doctors or any other service providers who request access to such information

v. Part of the functionality of the IL Take Care is assisting the patients to access information relating to them. IL Take Care may, therefore, retain and submit all such records to the relevant patients, doctors or service providers.

vi. Notwithstanding the above, IL Take Care is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, IL Take Care 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 IL Take Care including but not limited to, acts of government, computer hacking, unauthorized 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.

23. CHANGE TO PRIVACY POLICY

IL Take Care may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way IL Take Care treats User’s personally identifiable information, or in the Privacy Policy itself, IL Take Care will display a notice on the Mobile application or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact ihealthcare@icicilombard.com to deactivate your account. Unless stated otherwise, IL Take Care’s current Privacy Policy applies to all information that IL Take Care has about you and your account.

If a User uses the Services or accesses the Mobile application after a notice of changes has been sent to such User or published on the Mobile application, such User hereby provides his/her/its consent to the changed terms.

24. CONSENT TO THIS POLICY

You acknowledge that this Privacy Policy is a part of the Terms of Use of the Mobile application and the other Services, and you unconditionally agree that becoming a User of the Mobile application and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to IL Take Care using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Mobile application and use of the Services is subject to this Privacy Policy and the Terms of Use.

25. LIMITATION OF LIABILITY

Under no circumstances, including but not limited to negligence, shall ICICI Lombard GIC, its employees and directors, its Associates, its suppliers and its third party advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this App, with the delay or inability to use this App or any links or items on the App, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this App, or otherwise arising out of the use of this App, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this App or obtained or messages received or transactions entered into through or from the App or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.

You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the App, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the App.

ICICI Lombard GIC shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of third party seller to perform any of its obligations under these Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.

26. JURISDICTIONAL ISSUES

Unless otherwise expressly set forth herein, ICICI Lombard GIC makes no representation that materials on this App are appropriate or available for use in any location. Those who choose to access this App do so on their own initiative and are responsible for compliance with local laws. The services/products which are part of the IL Take care App do not constitute an offer to sell or buy any products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.

Except as specifically set forth herein the information contained on this App is not an offer to sell or any security, product or service. No security, product or service is offered or will be sold in any jurisdiction in which such offer, purchase or sale would be unlawful under the securities or other laws of such jurisdiction. Some products and services may not be available in all jurisdictions. All disputes shall be subject to the exclusive jurisdiction of courts at Mumbai.

Failure on the part of ICICI Lombard GIC to enforce any of the provisions hereof will not be construed to be a waiver of the rights vested in ICICI Lombard GIC to thereafter to enforce such provisions. If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, it will be enforced to the maximum extent possible and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby.

27. MISCELLANEOUS

ICICI Lombard GIC’s performance to this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of ICICI Lombard GIC’s right to comply with governmental, court and law enforcement directions relating to the use of this App or information provided to/gathered by ICICI Lombard GIC vis-à-vis such use

ICICI Lombard GIC shall try to ensure that all information that is provided on the App are accurate in all respects and are kept up to date. However, ICICI Lombard GIC does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the User/Customer is required to check the accuracy of the same with the third party seller

28. ASSIGNMENT

You shall not assign or transfer any right or obligation that has accrued to you under these Terms and any attempt by you to assign or transfer such rights and obligations, shall be null and void. We may assign or transfer any right or obligations that accrued in our favour, at our sole discretion, without any restriction

29. WAIVER

Unless otherwise stated expressly, any delay or failure in our exercising any rights/remedies arising out of these Terms and/or other policies available on the App, shall not constitute a waiver of rights or remedies and no single/partial exercise of any rights or remedies, hereunder, shall prevent any further exercise of the rights/remedies by us.

30. SURVIVAL

You acknowledge that your representations, undertakings and warranties and the clauses relating to indemnities, limitation of liability, governing law & arbitration and these general provisions shall survive the efflux of time and the termination of these Terms.

31. SEVERABILITY

If any provision of these Terms is held illegal or unenforceable, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Any such provision held invalid, illegal or unenforceable shall be substituted by a provision of similar import reflecting the original intent of the parties to the extent permissible under applicable laws.

32. USER DATA

Our app collects data such as images/files for use when you register a claim with us and for real-time claim settlement when required, and such information will be uploaded to our secure servers when processing claims in ICICI Lombard GIC. We also collect files, should you choose to upload, to store and serve you when needed for your use only. We do not share files uploaded by users with any third parties, and will only be used by ICICI Lombard GIC, unless as stated above.

We also use ‘access to your calendar’, should you grant us access permission, to provide timely insurance renewal reminders. We also consume your ‘location’ while using the app to provide you with nearby services like nearest network garages or to find out nearby hospitals, IL DriveSmart services etc.

33. ADDRESS FOR PRIVACY QUESTIONS

If you have questions about this Privacy Policy or IL Take Care's information collection, use and disclosure practices, you may contact us on the below mentioned Email address.

We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to ihealthcare@icicilombard.com

Thank you for visiting our IL Take Care App.