We Ensure The Safety And Confidentiality Of Your Information –

At AV Herbarium, we are dedicated to ensuring the complete safety and confidentiality of your personal information. We take rigorous measures to protect your data, including but not limited to your name, phone number, email address, profile picture, postal address, and product delivery preferences, along with any additional details collected during account creation or shopping. Rest assured, we do not share this information with any third parties or vendors.

To safeguard sensitive details such as your delivery address and contact information, we employ high-security servers and encryption methods. This ensures that your information remains secure, encrypted, and protected for future use.

AV Herbarium operates an internet-based platform, accessible at www.AVHerbarium.com. This platform is operated by AV Herbarium, referred to as “Company,” “we,” “our,” or “us,” duly incorporated under the Companies Act, 2013.By accessing our website, seeking our Products and Services as defined in our Terms and Conditions, or providing/accessing any information through the Website, you are agreeing to our Terms and acknowledging that your information will be stored, used, and accessed in accordance with this Privacy Policy. Unless defined otherwise, all capitalized terms in this privacy policy have the meanings ascribed to them in our Terms of Use.

This Privacy Policy is published in compliance with various legal provisions, including Section 43A of the Information Technology Act, 2000, Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

Our Privacy Policy covers the following aspects: (a) the information we collect from you; (b) how we collect and use that information; (c) your ability to selectively provide, access, and update your information; and (d) how we process, share, and protect your information.

This Privacy Policy applies to all users who access or use our Website.

1. General

By accessing our website or providing us with your information, you confirm that you have the legal capacity to enter into a binding contract under Indian law, specifically the Indian Contract Act, 1872. You acknowledge that you have read, understood, and agreed to the practices and policies outlined in this Privacy Policy, and you consent to our collection, use, sharing, and disclosure of your information as described herein.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the terms in this Privacy Policy at any time. Your continued use of the website following any such amendments to the Privacy Policy will be considered an implicit acceptance of the Privacy Policy in its updated form. If you are accessing or using the website from an overseas location, you do so at your own risk and are solely responsible for complying with any applicable local laws.
If you do not agree with this Privacy Policy, either in part or as a whole, please contact us and refrain from using the website or the services provided on the website, and do not provide us with any of your information.2. Information Collected And How We Gather It
We gather the following information about you:

(A) Registration Information: When you sign up to use our Website, we collect your registration details, which include your name, email address, and phone number. We verify your phone number by sending a one-time password to your registered phone number.

(B) Order Information:
To process your orders on the Website, we may collect necessary information such as the items you place in your cart, your postal address, and specific payment details like payment transaction information. It’s important to note that we do not collect any bank account details, debit or credit card information, or other payment instrument details.

(C) Usage Information: We may gather data about how you utilize our Website, as well as information about your software. This includes usage statistics, traffic data (including the source of traffic), your IP address, browser type, operating system, domain names, login status, payment method history, access times, locations, previous consultations, order status, past orders, transaction details (including product pricing), and browsing history. Certain third-party services on our Website may also require us to collect relevant information for their functionality.

(Together, Registration Information, Order Information, and Usage Information are collectively referred to as “Personal Information.”)

(D) Diagnosis Information: If you fill out a questionnaire on the Website or share health-related information during a consultation with a medical professional (“Doctor”) through the Website, we may collect information about your health condition and the symptoms you’re experiencing. This could include sensitive personal data related to your health, such as data on hair loss, metabolic information, weight, and hygiene. Collection of diagnosis information may also encompass sensitive personal data or information concerning your physical, physiological health status, and sexual orientation.

(E) Consultation Information: We may also collect information related to the appointments you schedule on the Website and details about your health and well-being during your consultation with the Doctor. This may involve sensitive personal data, including medical records, medical history, as well as physical, physiological, mental health information, and sexual orientation.

(F) Prescription and Medication:
We store and process the prescriptions generated by Doctors on the Website to facilitate your orders. These prescriptions may be retained for record-keeping purposes, in accordance with applicable law.

(Collectively, Diagnosis Information, Consultation Information, and Prescription and Medication information are referred to as “SPDI” or Sensitive Personal Data or Information.)

The collection, usage, retention, and disclosure of personal information are governed by the IT Act and the SPDI Rules. Personal information, as defined under the SPDI Rules, pertains to any data related to a natural person that, either directly or indirectly, when combined with other available or likely-to-be-available information, can identify that individual. The SPDI Rules also define sensitive personal data or information as personal information about an individual concerning:
I. Passwords;
II. Financial details, including bank account numbers, credit card information, debit card details, or other payment method specifics;
III. Information regarding your physical, physiological, and mental health status;
IV. Details related to your sexual orientation;
V. Medical records and your medical history;
VI. Biometric data;
VII. Any information pertaining to the above categories that you willingly provide to us for the purpose of receiving our services;
VIII. Any information received under the categories mentioned above, which is processed, stored, or handled by us under a legal contract or by other lawful means.

All the information you share with us is provided by you willingly. The collection, utilization, and sharing of both Personal Information and Sensitive Personal Data or Information (SPDI) require your clear and explicit consent. When you use our services, you are giving us your permission to gather, use, and share your Personal Information and SPDI as outlined in our policies. It’s worth emphasizing that you have the choice to refrain from providing Personal Information and SPDI. However, if you opt not to do so, it may limit your access to our Website or your ability to make purchases or use our services through the Website.
3. USE OF INFORMATION
We utilize your information for the following purposes:

I. To operate and enhance the Website, striving to create a positive user experience and overall business improvement.
II. To process and facilitate the delivery of your orders placed with us.
III. To grant you access to our Website for product purchases and service provision.
IV. To enable you to initiate consultations with healthcare professionals (Doctors) and furnish you with doctor consultations and tailored treatment plans.
V. Analyzing data, tracking trends, developing algorithms, and forming databases for rating systems, recommendation engines, and similar purposes.
VI. Conducting research initiatives.
VII. For non-targeted purposes like frequency control, compliance, billing, advertising reporting, or delivery, market research, or product development.
VIII. To adhere to applicable legal requirements.
IX. Conducting audits and quality assessments.
X. Analyzing resource utilization, troubleshooting issues, and enhancing our Products and Services using data related to your software.
XI.Contacting users during and after an order for updates, query resolutions, order particulars, consultations, follow-up consultations, or offering new products or services.
XII. Investigating, preventing, or taking action concerning illicit activities, suspected fraud, potential threats to anyone’s safety, violations of our Terms, or as mandated by law.
XIII. Addressing your queries and conveying information to you, including notifications of promotions, alerts, modifications/updates to the Website, or the introduction of potential future fees or charges applicable at the time of product purchases or service provisions.
XIV. Contacting you, through SMS, email, and phone calls, on occasion, to gather your valuable feedback on our existing Products and Services or potential offerings in the future.

Collectively, the above-mentioned activities constitute “the Purposes.”

If you prefer not to receive non-essential communications, such as promotional and marketing messages about our Products and Services, kindly get in touch with us using the contact information provided in the section below.4. DISCLOSURE OF INFORMATION
We might share your Personal Information and SPDI, as applicable, with third parties in the ways and for the reasons outlined below.

We might share your Personal Information and SPDI with Doctors for diagnostic or therapeutic purposes and to monitor or enhance our Products, Services, or Business.

Additionally, we may disclose your Personal Information to our logistics partners to handle the processing of orders you make on the Website.

We may share your Personal Information and SPDI with pharmacies, when necessary, to coordinate the shipment of your order.

Furthermore, we may provide information to our partners, affiliates, investors, stakeholders, or potential associates in a manner where it’s anonymized and aggregated. This enables them to gain insights into how Users utilize our Website, contributing to an improved overall experience for you.

We may share your Personal Information and SPDI with pharmacies, when necessary, to coordinate the shipment of your order. Furthermore, we may provide information to our partners, affiliates, investors, stakeholders, or potential associates in a manner where it’s anonymized and aggregated. This enables them to gain insights into how Users utilize our Website, contributing to an improved overall experience for you.

We may reveal and transfer your Personal Information and SPDI to a third party that acquires or potentially acquires our business. This acquisition could occur through methods such as a merger, consolidation, purchase of a significant portion of our assets, or an investment in our company.

We may transfer Personal Information and SPDI to a third party, including individuals located outside India, with the aim of enhancing our Products and Services.

Additionally, we may disclose your Personal Information and SPDI if it is legally mandated, following an order from a governmental entity or in good faith. We will disclose this information to:

I.Adhere to legal obligations or comply with legal proceedings;
II. Safeguard our rights, our affiliated companies, or our property;
III. Prevent criminal activities or address matters related to national security; or
IV. Ensure the personal safety of our Users or the general public.

Transfer to Third Parties and Overseas Locations

In accordance with relevant laws, we reserve the right to, at our discretion, transfer your Personal Information and SPDI to another corporate entity (as defined in the Information Technology Act, 2000). This entity must guarantee a level of data protection equal to or greater than what we provide under these terms. This corporate entity may be situated in India or any other country.

By utilizing the Website, you acknowledge and agree to the terms outlined here and provide your consent for the storage and processing of your Personal Information and SPDI by third parties, even if it’s in a location outside of India. The Company will exert its best efforts to ensure that the third party or the location where your SPDI is transferred maintains an equivalent level of data protection as mandated by Indian law.

By persisting in your use of the Website, you grant your consent for us to proceed with the transfer, sharing, and disclosure of your Personal Information or SPDI in accordance with the terms specified in this Privacy Policy.

Should we transfer or sell our assets to any third party, or engage in a merger or consolidation, such third party will possess the right to maintain the utilization of the Personal Information or SPDI that you have shared with us, in alignment with both the Terms and this Privacy Policy.5. THIRD-PARTY LINKS

The Website may feature links to external websites, ads, and links to apps, content, or resources (referred to as “Third Party Links”). It’s important to note that these Third Party Links are beyond our control and are provided by individuals or entities separate from us. You recognize and consent to the fact that we bear no responsibility for any data collection or sharing that occurs on external websites, apps, companies, or individuals associated with them.

Please understand that the presence of Third Party Links on our Website should not be construed as an endorsement, recommendation, or solicitation for these entities or any other content available through these Third Party Links.

You also acknowledge and consent that we hold no liability for any loss or damage you may suffer due to the collection or disclosure of your information through Third Party Links. This includes any reliance you place on the completeness, accuracy, or existence of advertisements, products, services, or other materials found on or accessible through such Third Party Links.

This encompasses all transactions and information exchanged between you and any third-party websites, applications, or resources. Please note that these transactions are solely between you and the respective third parties. We are not responsible for any disputes arising from or related to these transactions between you and the aforementioned third parties.

Third-party websites, external applications, or resources that you access through Third Party Links may have their own privacy policies governing how they collect, store, retain, and disclose your information. You may be subject to these policies. We advise you to exercise the same level of care and judgment as you would in traditional offline scenarios. Please use your discretion and common sense before engaging in any transaction or sharing of information, including, but not limited to, reviewing the privacy policy of the third-party website or application.

6. CHANGES TO YOUR INFORMATION

You have the option to examine, rectify, revise, modify, or remove your Personal Information associated with Registration Information and Order Information on the Website. Simply reach out to us using the provided contact information below. If you wish to delete specific portions of your Personal Information or request its deletion altogether, we will honor such requests within a reasonable timeframe, unless legal obligations necessitate the retention of certain information. Additionally, you can update your Sensitive Personal Data or Information (SPDI) at any time by contacting us using the contact details provided in the contact section below.

If you opt to delete your Personal Information or Sensitive Personal Data or Information (SPDI), or if you make unverifiable modifications that render the information inaccurate, we will not be able to grant you access to our Website or Services, as outlined in the Terms. Such deletion or modification may be interpreted as the User’s intention to cease their access to our Website and Services.

We retain the authority to confirm and validate both your identity and your Personal Information to guarantee the precise delivery of Products and Services. The right to access, rectify, update, or erase your Personal Information or Sensitive Personal Data or Information (SPDI) may be declined or restricted by us if it infringes upon another individual’s rights or is otherwise prohibited by the relevant law.

7. SECURITY AND RETENTION OF INFORMATION

Safety of your information

We strive to uphold suitable physical, technical, and procedural safeguards to safeguard your Information from potential risks such as loss, misuse, replication, damage, modification, or unauthorized access or disclosure. Our security measures encompass:

• Regular review of our practices related to information collection, storage, and processing, including the implementation of physical security measures, to counteract any unauthorized access to our systems.
• Limiting access to Personal Information to our employees and agents who require this information for processing on our behalf. These individuals are bound by stringent contractual confidentiality obligations. Failure to adhere to these obligations may result in disciplinary action or termination of their relationship with us.
• None of the Company’s employees or administrators will have access to your account password on the Website. It is crucial for you to take precautions against any unauthorized access to your password, as outlined in the ‘User Account, Password, and Security’ section of the Terms. Always make sure to log out from the Website when you’ve finished using it. We do not assume any responsibility for any unauthorized use of your account and password.
• If you suspect any unauthorized activity on your account, it’s imperative that you promptly inform us by sending an email using the contact information provided in the contact section. You will be responsible for compensating us for any losses we may incur due to such unauthorized use of your account or password.
• Additionally, we will not assume liability for any security breaches or the actions of third parties, or events that are outside our reasonable control. These events may encompass but are not limited to, government actions, computer hacking, unauthorized access to computer data, computer system crashes, security breaches and encryption issues, subpar internet or telephone service quality experienced by the User, and similar occurrences.

Retention of Information

We also have established procedures to ensure that your Sensitive Personal Data or Information (SPDI) in our possession or under our control is either permanently deleted or anonymized when it becomes reasonable to conclude that: (i) the original purposes for collecting your SPDI have been accomplished, and (ii) there is no longer any need for retention based on any other grounds.

However, we may, at our discretion, decide to retain and store your Personal Information for our business needs, regardless of whether it has been deleted or not. Over time, your data may undergo anonymization and aggregation, and we may maintain it for as long as necessary to facilitate the purchase of Products and the provision of Services or for analytical purposes.

If you desire to revoke your consent for the processing of your Personal Information and Sensitive Personal Data or Information (SPDI), close your account, or request that we refrain from using your Personal Information and SPDI to deliver our Products or render Services, please reach out to us using the contact details specified in the contact section below. It’s important to be aware, however, that withdrawing your consent or deactivating your account may potentially prevent us from delivering Products or providing our Services to you, or result in the termination of any existing relationship we may have with you.

8. COOKIES AND OTHER TRACKING TECHNOLOGIES

We employ “cookies” and other tracking technologies, including session or local variables. A “cookie” is a small text file that can be utilized, among other things, to gather data regarding activity on the Website. Certain cookies and similar technologies may be used to remember information previously provided by a User. The majority of browser settings offer controls for managing cookies, allowing you to decide whether to accept them and how to remove them. You can configure most browsers to alert you when you receive a cookie, or you can opt to block cookies through your browser settings.

Tracking technologies have the capability to record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, navigation patterns, and the dates and times when our Website is accessed. Our utilization of cookies and other tracking technologies is instrumental in enhancing both our Website and your overall user experience.

You have the option to decline all cookies on your browser by adjusting your settings to the extent permitted by your device. However, it’s important to note that by doing so, you may not be able to access certain features on the Website or fully enjoy all the available offerings and interest-based advertising. If needed, you can delete cookies by following the instructions provided in the “help” section of your browser settings.

9. CHANGES TO THE POLICY

We maintain the authority to revise, alter, or modify this Privacy Policy at any time. Any revisions, alterations, or modifications to the Privacy Policy will be effective from the date they are made. Should you continue to access or utilize the Website subsequent to such changes, your actions will be regarded as implicit consent to adhere to the updated Privacy Policy.

10. MISCELLANEOUS
11. Disclaimer: We cannot guarantee that all of your Personal Information and Sensitive Personal Data or Information (SPDI) will never be exposed in ways not outlined in this Privacy Policy. Therefore, while we are committed to safeguarding your privacy, we cannot assure, and it is not reasonable to expect, that your Information or private communications will always remain confidential. As a User of the Website, you acknowledge and accept that you bear full responsibility and assume all risks for your use of the Website, the internet in general, the information you share or access, and your conduct both on and off the Website.
12. Indemnity: You consent and undertake to indemnify us in the event of any legal action or dispute initiated by a third party stemming from your disclosure of information to third parties, whether through our Website or by other means, as well as your utilization of third-party websites, applications, and resources. We hold no liability for the actions of third parties concerning your Personal Information or SPDI that you may have shared with them.

• Severability: Each provision of this Privacy Policy shall remain distinct, self-sufficient, and separable from all other provisions herein, except where explicitly stated otherwise or implied by the context of the Privacy Policy. The determination or declaration that one or more provisions are null and void will not impact the remaining provisions of this Privacy Policy.

OVERVIEW

This website is operated by AV Herbarium. Within the context of this website, the terms “we,” “us,” and “our” pertain to AV Herbarium. AV Herbarium offers this website, encompassing all information, tools, and services accessible from this site, provided that you agree to abide by all the terms, conditions, policies, and notices outlined here.

When you visit our site and/or make a purchase from us, you are participating in our “Service” and consenting to comply with the following terms and conditions (“Terms of Service” or “Terms”), which encompass additional terms, conditions, and policies mentioned herein or accessible through hyperlinks. These Terms of Service are applicable to all users of the site, including but not limited to individuals who browse the site, vendors, customers, merchants, and content contributors.

We kindly request that you read these Terms of Service thoroughly prior to accessing or using our website. By accessing or using any portion of the site, you are indicating your acceptance and commitment to adhere to these Terms of Service. In the event that you do not agree with all the terms and conditions outlined in this agreement, we ask that you refrain from accessing the website or utilizing any of its services. If these Terms of Service are regarded as an offer, please be aware that acceptance is expressly contingent upon your agreement to these Terms of Service.

Any new features or tools that are added to the existing store will also be subject to the Terms of Service. You can always review the most up-to-date version of the Terms of Service on this page. We retain the right to update, modify, or replace any portion of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to periodically check this page for any alterations. Your ongoing use of or access to the website subsequent to the posting of any changes signifies your acceptance of those changes.