Privacy Policy

Being Cares, Inc. (“Company” or “We” or “Us” and their connotations) respects Your privacy and We are committed to protecting it through this Privacy Policy and Our compliance with all applicable laws and regulations.

We have created this Privacy Policy to inform You of Our policies regarding the collection, use, and disclosure of personal information (also referred to here as “Personal Information”) as well as the rights and choices You may have associated with that information. For any requests or inquiries in relation to this Privacy Policy, please see the Contact Us section below.

The information on this page applies to the Personal Information We collect about Your interactions, use, and experience with Our website at https://being.app/ (our “Website”), Our app on iOS or Android (our “App” and together with Website, hereinafter referred to as “Platform”).

About Our Services

Our Platform acts as a self-therapy application that assists Users in identifying and addressing issues associated with their mental health and provides the Users, access to one or more of Our services and offerings (collectively, “Services”):****

1. Creating Your personal mental health map

2. Access to the mental health maps of the mental health world;

3. Mini Therapies (Your self-therapy): sessions to work on discomforts and other issues;

4. ‘Chat with science’ (i.e., 1:1 support to talk to Our science support team to discuss discomfort, share feedback, work on their map)

5. AI support and prompts to work with discomforts

6. Add Your own discomforts

About Our Privacy Policy

The Platform gathers certain information with prior consent from the following: the users utilizing the Platform as described in the Terms and any visitors of the Platform (collectively “Users” or “You” and their connotations).

Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in Our Terms and Conditions (“Terms”).

This Privacy Policy (‘‘Privacy Policy’’) is meant to help the Users understand what information We collect, why We collect it, what information We disclose, and how the Users can update, manage, export, and delete their information. It shall be read with Our Terms found here and in compliance with the applicable laws in the places We operate.

Your Consent

The Users will be deemed to have read, understood, and agreed to the terms as provided in this Privacy Policy once they provide their consent or continue using the Platform after this Privacy Policy is presented to them. By granting their assent to this Privacy Policy, Users provide consent to such use, collection, and disclosure of Personal Information as prescribed in this Privacy Policy.

We reserve the right to update or change Our Privacy Policy at any time and the Users should check this Privacy Policy periodically. To inform You of any material change as regards the manner in which We collect or process Your information, including changes to this Privacy Policy, Our updated Privacy Policy will be posted by Us on the Platform, indicating the date on which the Privacy Policy was updated at the top of the Privacy Policy. We will endeavor to notify You of any such material changes, on a best-efforts basis.

Continued use of the Service will constitute the Users’ acknowledgment of and their consent to abide and be bound by the modified Privacy Policy. Users have the right to opt out of the Platform and/ or Services at any moment. In addition, the Users can, by sending an email to varun@being.app, inquire whether the Company is in possession of their Personal Information, and they may also require the Company to delete and destroy all such information, upon request.

How to use the Services?

The User shall sign up on the Platform to avail the Services provided by the Company. While signing up, You are required to provide Us with certain information about Yourself.

What Personal Information do We collect?

A summary of the information We collect, the manner of collection, and the purpose of collection and/or processing is set out in the table below for easy reference:

To obscure the event data to not reveal sensitive information.

To analyze App event data for improving product and service quality. | | Communication Information (name, email Identifier, email conversation between You and being, subscription receipts, Feedback messages) | Voluntarily provided by You. | To respond to Your inquiries, requests, and Feedback.

To troubleshoot Your issues.

To provide and improve customer support services.

To improve the Platform and Services quality, safety, and performance, based on Your Feedback. | | Conversation data (free text messages, accidental identifiers submitted, general information provided from responses to questionnaires/assessment and scores, wellness data, voluntary SOS data) | Voluntarily provided by You. | To create a personalized experience for You and key learnings shared with therapist to create mini-therapies at Your request |

All information collected by the Company is with the Users’ consent. The Company is however free to use, collect, and disclose information of the Users which is in the public domain.

When Users use or sign up to the Platform, the Users may provide the Company with certain information including Personal Information voluntarily, specific to the nature of the service being availed on the Platform, and/or certain information may be collected by the Company depending solely on the usage of the Platform.

The Users hereby consent to the collection of such information by the Company.

Information collected by the Company shall include but not be limited to the following:

• Name (e.g., Your name)

• Country

• Email ID

• Gender

• Pronouns

• Nationality, geolocation, and time zone

• Age, Gender, and other Demographics

• Employment status

• Profession/occupation

• Information on the type of Subscription You choose

• Referral source

• Information You provide, as more particularly provided in the table above

• Indications and information about Your discomforts, mental well-being, information about Your behavior, medical information and medical history, personal relationships, activity levels, and other Personal Information relating to the issues and discomforts which You seek to address

• Information about Your personal, family, and social life which is entered by You when signing up for an account or in any questionnaires or other features (including chats with science) We make available through the Services.

• Notification preferences

• De-identified billing information received from the Apple App Store and Google Play Store, if any

• Financial Information (including billing address and limited information regarding the payment mode) received from RazorPay, PayPal, Stripe.

• Information on the device such as the make, model, operating system, IP address, and other information required for Us to provide the Services

• Metrics on system or App feature use, including but not limited to the date of sign-up to the Platform, number of logins, and last login to the Platform

We also collect certain information either when the Users provide it while using the Platform or Services and/or automatically as the Users navigate through the Platform (which may include usage details, location, IP address, device ID and type, browser type, and language, the operating system used by device, access times, and information collected through web beacons and other tracking technologies and which is covered by this Privacy Policy).

Further, the Company may also collect information based on Your activity on the Platform, including but not limited to Your individual mental health map, Your journal/exercise entries, mental health issues, discomforts, progress insights, mini therapies done, DS score, Your custom mini-therapies and chat with science. The foregoing information is only collected to personalize and improve Your experience on Our Platform. We DO NOT sell this data to any third parties. The following table summarizes the benefits, description, and manner of collection through the Services mentioned above:

If the Company has reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete, or incomplete, the Company reserves the right to refuse provision of the Services to the User, at its sole discretion without incurring any liability to the User or any third-party. We will not be liable for reliance on or consequences of any misleading, inaccurate, obsolete, or incomplete information.

How do We use Your Personal Information?

We collect Personal Information only necessary for the following purposes:

• To create and maintain Your account, including personalization to improve the User experience;

• To improve and enable You to avail Our Services, increasing efficiency of existing features, and develop new features;

• To dispatch transaction-related communications such as welcome letters and billing reminders;

• To notify You of necessary information related to the Platform and Services and Your account on the Platform from time to time;

• To maintain records and provide You with an efficient, safe, and customized experience while using the Platform;

• To analyze overall trends to help Us improve the Platform and Services, including displaying detailed analytics to Users;

• To verify Your identity and prevent fraud or other unauthorized or illegal activity;

• As We believe to be necessary or appropriate, and only as permitted under applicable law (a) to comply with legal process; (b) to respond to requests from public and government authorities, including public and government authorities outside Your country of residence; (c) to protect Our operations or those of any of Our affiliates, including in connection with investigating security incidents; or (d) to protect Our rights, privacy, safety or property, and/or that of Our affiliates, To transfer the data and the rights associated therewith to a third party as part of reorganization or a sale of the assets of any division of the Company or the entire Company itself;

• We may use Personal Information, including sensitive information of the Users to create non-identifiable “aggregate data” (for example, reports that calculate the percentage of Users who have a particular response to or result from the questionnaires)

• If You provide to Us any ideas, proposals, suggestions, recommendations, or other materials (“Feedback”)

• And in any other way consistent with this Privacy Policy and to support the above activities.

How do We share Your Personal Information with third-parties?

• We may share Your Personal Information with therapists to create personalized therapies for You at Your request and with the business partners and data analytics providers mentioned in the table above.

• If We are involved in major business transactions like merger, acquisition, financing due diligence, reorganization, bankruptcy, sale or purchase of assets, or transition of Service to another provider, Your information may be transferred as a part of such a transaction, as per applicable law and/or contract.

• We do not store data without the specific consent of Users, except as set out in this Privacy Policy.

• We reserve the right to use or disclose Your Personal Information in response to any statutory or legal requirements in order to protect Our rights, and the rights of Our other Users, data processors, and any other person or property.

• We will use or disclose Your Personal Information if We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Platform’s Terms and Conditions and/ or other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.

Additionally,

The Company may also share Your Personal Information with third-party service providers in relation to Services, such as parties involved in hosting and enabling the performance of Our Services. Such third-party services providers shall include but shall not be limited to the following:

• Google Analytics - This is to understand usage metrics and will not be processed for any other purpose.;

• Mixpanel - This is to understand product usage and behavior for improving the Services;

• Neo4J - This helps Us build the mental health maps and recommendations

• Revenue Cat - We share the private user ID to manage Your Subscription;

• Segment - This helps Us transfer data more securely and efficiently to Our other partners; and

• Intercom - This enables Us to set up Your conversations with Our science team and customer support.

Notwithstanding the above, the Company does not share your billing and financial information with any third-parties.

How long do We retain Your Personal Information?

We retain the Personal Information described under this Privacy Policy that Users provide Us for the tenure that a particular User maintains an account on the Platform, until the User requests deletion of Personal Information, or till the period such retention is required for compliance under applicable laws.

How do We protect Your Personal Information?

The security of Personal Information is important and We have implemented reasonably sufficient means to protect the same. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and We cannot guarantee its absolute security. We have implemented best industry practices and security policies, rules, and technical measures to protect the data, including Personal Information, that is under the Company’s control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the Users’ electronic devices through which the Users avail the Services, We shall not be held liable for any loss whatsoever incurred by the Users or any third-party.

Do we transfer Your Personal Information internationally?

All or any information processed by the Company may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States, India, or such other countries, which may have different data protection laws from the laws in the country of Your residence. We undertake to safeguard Your information in accordance with the applicable laws.

In the event We transfer Your Personal Information to countries outside the European Economic Area, We endeavor to put in place necessary safeguards to ensure that the said data transfer shall comply with the applicable laws and regulations. If You are a resident of the European Union and/or subject to the European General Data Protection Regulation (Regulation (EU) 2016/679), please reach out to Us at Our contact details below with the specifics of Your request/s, and We will ensure that Your data collected, stored, and/or used by Us (if any) and their privacy are protected in accordance with the laws and regulations applicable in Your jurisdiction. We would like to make sure that You are fully aware of Your data protection rights, which may include the right to access, rectification, erasure, restrict or object to processing, data portability, etc. If You make a request under this head, We will endeavor to respond within 45 days.

Disclaimers regarding transactions with third-parties:

The Platform may contain links to other websites. Please note that when Users click on one of these links, they are entering another website over which We have no control and for which We will bear no responsibility. Often these websites require the User to enter their Personal Information. We encourage and recommend the Users to read the privacy policies of all such websites as their policies may differ from Our Privacy Policy. Users agree that We shall not be liable for any breach of Your privacy of Personal Information or loss incurred by their use of such websites or services. The inclusions or exclusions are not suggestive of any endorsement by the Company of the website or contents of the website. The Users may visit any third-party website linked to the Platform at their risk.

What are Your Rights?

As a User, the Company grants You complete control of the information submitted by You. The rights pertaining thereto are enumerated below:

• The right to access, update, or delete the information We have on the User. You have a right to request that We provide You with a copy of Your Personal Information that We hold, and You have the right to be informed of (a) the source of Your personal information; (b) the purposes, legal basis, and methods of processing; (c) the data controller’s identity (i.e., information about persons who control the manner in which Your Personal Information is processed); and (d) the entities or categories of entities to whom Your Personal Information may be transferred.

• The right of rectification. You have a right to request that We rectify inaccurate Personal Information. We may seek to verify the accuracy of the Personal Information before rectifying it. You can also request that We erase Your Personal Information in limited circumstances where:
  • it is no longer needed for the purposes for which it was collected; or
  • You have withdrawn Your consent (where the data processing was based on consent); or
  • following a successful right to object (see right to object); or
  • it has been processed unlawfully; or
  • to comply with any legal obligations of the Company.

• We are not required to comply with Your request to erase Personal Information if the processing of Your Personal Information is necessary:
  • for compliance with a legal obligation; or
  • for the establishment, exercise, or defense of legal claims.

• The right to object and restrict. Users can object and restrict to the processing of their Personal Information, in the following events:
  • the accuracy of the Personal Information is contested, provided that You consent to storage and processing by Us for the limited purpose of verifying its accuracy; or
  • the processing (or any part) is unlawful, provided that in such case, the User may restrict any processing activities, or seek a complete erasure of such Personal Information; or
  • it is no longer needed for the purposes for which it was collected; or
  • You have exercised the right to object.

• We can continue to use Your Personal Information following a request for restriction, where:
  • We have Your consent; or
  • to establish, exercise, or defend legal claims; or
  • to protect the rights of another natural or legal person.

• The right to receive Your data & data portability. Users have the right to be provided with a copy of the information We have on them, in a structured, machine-readable, and commonly used format.

• The right to withdraw consent. Users have the right to withdraw their consent at any time, when consent is given pertaining to Personal Information.

• The right to lodge a complaint with the local supervisory authority. You have a right to lodge a complaint with Your local supervisory authority if You have concerns about how We are processing Your Personal Information. We ask that You please attempt to resolve any issues with Us first, although You have a right to contact Your supervisory authority at any time.

• The right to be informed. Users have the right to be informed about third parties with which their Personal Information has been shared.

We may ask You for additional information to confirm Your identity and for security purposes before disclosing the Personal Information requested to You. We reserve the right to charge a fee, where permitted by law, for instance, if Your request is manifestly unfounded or excessive.

You can exercise Your rights by contacting Us at varun@being.app. Subject to legal and other permissible considerations, We will make every reasonable effort to honor Your request promptly or inform You if We require further information in order to fulfill Your request.

We may not always be able to fully address Your request, for example, if it would impact the duty of confidentiality We owe to other Users, or if We are legally entitled to deal with the request in a different way.

Who can use Our Services?

Our Services are intended to be used only by consenting and capable adults having achieved the age of majority in their respective jurisdiction. The Platform is not intended or made to be used by minors (as determined by the laws applicable to You). By using the Services and Platform, You accept that You are not a minor under the laws applicable to You, and are not accessing or using the Services or Platform on behalf of a minor.

Do California residents have specific privacy rights?

This Section for California Residents supplements the Privacy Policy to comply with the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act ("CPRA") of 2023.

The CCPA and the CPRA are California laws that provide its residents with certain rights over information about them, including notice about the categories of Personal Information We have collected from them in the preceding twelve (12) months and the purposes for which the information is used or disclosed, and correction of Personal Information.

In the preceding 12 months, depending how You interact with Our Platform, We may have collected the following categories of Personal Information (as defined under Cal. Civ. Code §1798.140(v)(1)):

• Identifiers, such as Your name, address, unique personal identifier, email, phone number, or similar identifiers.

• Commercial information, such as information relating to transactions with Us involving You or the person that You work for (for example, details of products developed by Us or Services that We have supplied to, or obtained from, You or the person You work for), and information about events to which You or those related to You are invited, and Your Personal Information and preferences to the extent that this information is relevant to organising and managing those events.

• Internet or other electronic network activity information, such as technical information, including the Internet protocol (IP) address used to connect Your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, click-stream data, locale preferences, Your mobile carrier, and system configuration information.

• Geolocation data, such as geolocation, to the extent You have configured Your device to permit Us to collect such information.

• Information relating to evaluation of Your mental health and inferences drawn from any of the information listed above, such as Your preferences, characteristics, behaviour and attitudes.

For more information about the Personal Information that We collect and how We collect it, please refer to “INFORMATION COLLECTED” Section of this Privacy Policy. The purposes for which We collect such Personal Information are provided under the Section “USE OF THE INFORMATION COLLECTED”. The categories of third-parties with whom We may share Your Personal Information are listed in the “DISCLOSURE OF THE INFORMATION COLLECTED” Section of this Privacy Policy.

Sales of Personal Information under the CCPA

The Company does not sell Personal Information, nor do We possess any actual knowledge of any sale of Personal Information.

Additional Privacy Rights for California Residents

In addition to the rights provided under Section ****“RIGHTS OF THE USERS”, the California residents are also entitled to the following rights:

• Non-Discrimination. It is the right of California residents not to receive any discriminatory treatment from us for the exercise of their rights conferred by the CCPA.

• Authorized Agent. Only the Users, or someone legally authorized to act on behalf of the Users, may make a verifiable consumer request related to their Personal Information. Users may also make a verifiable consumer request on behalf of their minor children. To designate an authorized agent, please contact us at varun@being.appand provide written authorization signed by the User and his/her designated agent.

• Verification. To protect Users’ privacy, we will undertake the following steps to verify Users’ identity before fulfilling their request. When you make a request, we will ask You to provide sufficient information that allows us to reasonably verify that You are the person about whom We collected Personal Information or an authorized representative, which may include asking you for additional proof of identity and asking questions regarding Your account and use of Our Services.

• California “Shine the Light” law. California’s “Shine the Light” law (California Civil Code Section 1798.83) permits Users of Our Services who are California residents to request a list of third parties with whom we have shared any Personal Information belonging to any of Our Users, for their marketing purposes. To make such a request, please contact us at varun@being.app.

• Do not track. As per California law, CalOPPA (California Business & Professions Code Section 22575(a)), it is required that We let you know how we respond to web browser Do Not Track (“DNT”) signals. DNT is a privacy preference that Users may set in their web browsers. Please acknowledge that We do not respond to such DNT requests at this time.

Response Timing: We are required to respond to any of the verifiable consumer requests to exercise these above rights within 45 days. Should We be unable to comply within 45 days, We will contact You and let You know whether We can complete Your request or whether We need more time to complete Your request with reason. Any disclosure We provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.

Regarding information We disclose to third parties, You have the right to opt out of such disclosure at any time. You can exercise Your right to opt-out (or any other rights on Our website) by emailing Us at varun@being.app.

Do residents of the European Economic Area (EEA, including EU), Switzerland, and the UK have specific privacy rights?

This Section provides additional information about Our Privacy Policy relevant to You if You are from the European Economic Area (the EEA), United Kingdom, and Switzerland (together “European Area Countries”). It supplements and should be read in conjunction with the rest of the Privacy Policy.

Under the European Area Countries’ privacy laws, We are the Controller with respect to Your data.

Where it is necessary to obtain Your prior consent to the processing concerned in order for Us to be allowed to do it (for example, direct marketing activities), We will obtain and rely on Your consent in relation to the processing concerned. Otherwise, We will process Your Personal Information only where the processing is necessary:

• for the performance of a contract to which You are a party or in order to take steps at Your request prior to entering into such a contract;

• for the purposes of the ****legitimate interests (Art. 6(1)(f) GDPR) pursued by Us or another person, provided that this will only be in circumstances in which those legitimate interests are not overridden by Your interests or fundamental rights and freedoms which require protection of Personal Information;

• for the fulfillment of Our legal obligations– the legal basis for processing of Your Personal Information will be the necessity for ****compliance with a legal obligation ****which We are subject to (Art. 6(1)(c) GDPR).

For information about the Personal Information that We collect and how We collect it, please refer to “INFORMATION COLLECTED” Section of this Privacy Policy. The purposes for which We collect such Personal Information are provided under the Section “USE OF THE INFORMATION COLLECTED”. The categories of third-parties with whom We may share Your Personal Information are listed in the “DISCLOSURE OF THE INFORMATION COLLECTED” Section of this Privacy Policy.

Additional Privacy Rights for European Area Countries’ Residents

In addition to the rights provided under Section ****“RIGHTS OF THE USERS”, the California residents are also entitled to the following rights:

• Data erasure – In certain situations, GDPR gives You the “right to be forgotten.” You can invoke this right where one of the following grounds applies:

1. the Personal Information are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

2. You withdrew consent to the processing of Personal Information and there is no other legal ground for continuing to process it;

3. You object to the processing of Your Personal Information when there are no overriding legitimate grounds for processing;

4. You object to the processing of Your Personal Information for marketing purposes;

5. Your data is processed unlawfully;

6. the Personal Information have to be erased for compliance with a legal obligation.

• Complaints to the relevant public authority – In connection with Our actions as the controller of Your Personal Information, You are entitled to lodge a complaint to the relevant supervisory authority. You can find the list of local authorities responsible for data protection across the EU and their contact details at https://edpb.europa.eu/about-edpb/about-edpb/members_en. The relevant public authority in the UK is the Information Commissioner’s Office (https://ico.org.uk/). The relevant public authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC) (https://www.edoeb.admin.ch/edoeb/en/home.html).

We encourage You to first contact Us at varun@being.app.

You can obtain a copy of the security measures We apply for the transfer of Personal Information to third countries by contacting Us at varun@being.app.

Do residents of India or other regions in Southeast Asian countries have specific privacy rights?

This Section provides additional information about Our Policy relevant to You if You are from India or any other Southeast Asian country.

For information about the Personal Information that We collect and how We collect it, please refer to “INFORMATION COLLECTED” Section of this Privacy Policy. The purposes for which We collect such Personal Information are provided under the Section “USE OF THE INFORMATION COLLECTED”. The categories of third-parties with whom We may share Your Personal Information are listed in the “DISCLOSURE OF THE INFORMATION COLLECTED” Section of this Privacy Policy.

To the extent We contract with vendors who are from India and other Southeast Asian countries, We ensure that specific safeguards have been established to protect Your Personal Information.

GRIEVANCE OFFICER

Any complaints, abuse, or concerns with regards to content and or comment or breach of the terms in this Privacy Policy shall be immediately informed to the designated Grievance Officer as mentioned below in writing or through email signed with the electronic signature:

Name: Varun Gandhi

Email: varun@being.app

Your use of the Platform and any dispute over privacy is subject to this Privacy Policy and Terms.

CONTACT US

If there are any questions regarding this privacy policy, You may contact Us using the information below:

varun@being.app