INTELLECT COMPANY PTE. LTD. PRIVACY POLICY

Last Updated: 16th Jan 2023

Introduction

At Intellect, one of our main priorities is the privacy of our visitors and users. This Privacy Policy describes how your personal information is collected, used, and shared when you visit and use our website, mobile, web and desktop applications, wearable technologies, dashboards, extension, and services (collectively “Our Platform”). By using our platform in any manner, including but not limited to visiting, browsing, creating an account, or logging into the platform, you agree to observe and be bound by this policy and the additional terms and conditions referred to on this platform or available by hyperlink. This policy complies with 

• Singapore’s Personal Data Protection Act 2012 (PDPA);
• Australia’s Privacy Act 1988;
• Bangladesh’s Data Protection Act 2022;
• China’s Personal Information Protection Law 2021; 
• Clause 24 of the Constitution of the Republic of Fiji 2013;
• General Data Protection Regulations (GDPR),;
• Health Insurance Portability and Accountability Act (HIPAA);
• Hong Kong’s Personal Data (Privacy) Ordinance 1996;
• India’s Digital Personal Data Protection Act;
• Indonesia’s Personal Data Protection Act 2022;
• Japan’s Protection of Personal Information Act 2003;
• Malaysian Personal Data Protection Act 2010;
• Maldives data protection rules and laws;
• Mexico’s Protection of Personal Data 2010;
• Myanmar’s Electronic Transactions Law 2003;
• New Zealand’s Privacy Act 2020;
• Papua New Guinea’s Cybercrime Code Act of 2016;
• Philipines’s Personal Data Protection Act 2012;
• South Korea’s Personal Information Protection Act 2012;
• Sri Lanka’s Personal Data Protection Act 2022;
• Taiwan’s Personal Data Protection Act 1995;
• Thailand’s Personal Data Protection Act 2022;
• The Privacy Act of 1974  of the USA;
• Vietnam’s Personal Data Protection Act 2023; and
• other related privacy legislations.

Employer – This refers to our Client (which may be a Company/Corporation/Organization) who enters into a binding contract to create accounts on our platform and enrol its employees to a selected program.

Third Party Providers – This refers to providers, agents, and affiliates of both parties but who we may disclose personal information relating to our users. This includes payment providers, insurance companies, cloud communication platforms, and in the case of an emergency, hospitals or designated health practitioners (example, a medical doctor). Please note that we shall not be liable for the actions or liability of these third-party providers. Ensure to abide by their terms and conditions.

Intellect – We at all times ensure that all of Intellect’s employees and/or agents and service providers accessing your personal information are aware of the purposes it will be used for and do not handle personal information in a manner which is non-compliant with applicable data protection laws and regulations.

Third Parties We Use

The following are third parties that we use to store and process data:

• We use Google Analytics to track usage patterns on our Platform in order to improve our services.
• We use CleverTap to send emails and notifications on our Platform to Platform users regarding their care.
• We use Twilio for any calls and chats, such as coaching sessions, that are done through our App.
• We use Onesignal to create notifications on our Platform.
• We use Amazon Web Services to store and process data obtained through our Platform.
• We use MoEngage to send notifications on our Platform to Platform users regarding their care and to send newsletters only to customers who have consented specifically to receive the newsletter.
• We might engage Third Party Insurance Providers to provide our services to you.
• Enterprise Service: If you are an employee, we might use Third Party Insurance providers to engage your Employer to provide our services to you

Modification/ or Changes

We may revise and update this privacy policy from time to time in order to reflect changes to our practices or for other operational, legal or regulatory reasons. Such updates shall be communicated to you. Your continued use of our platform after recent updates to the Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

How to Contact Us

If you have any questions about this policy or the practices described herein, you may contact us at support@intellect.co. 

Obtaining Consent

By submitting your Personal Information, you consent to use that information as set out in this policy.
This shall include and not be limited to disclosure to third party providers referred to in this policy.

Collection and Use of Personal Data

Information We Collect “Personal Information” or “Personal Data” is non-public information that is personally identifiable to you and obtained for us to provide you with the prescribed services within our platform. This may include, but is not limited to your full name; gender; age; country; email address; city. Through our Platform, services and other surveys and questionnaires provided to you, we collect Personal Information that you voluntarily provide to us, our behavioural health coaches and clinicians on our platform, including information about your health and personal goals. We also automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device; Usage Data; Universally unique identifier (UUID); Crash information; device information; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); geography/region; number of users; number of sessions; session duration; In-app purchases; Application opens; Application updates; first launches; operating systems. We may also collect personal information classified as Personal Health Information (PHI) under certain privacy laws. Within this Privacy Policy, personally identifiable information and PHI shall be referred to as Personal Information.

Enterprise Service

Despite the collection of Personal Information mentioned above, we may collect additional information when your Employer signs you up on our platform or when you use our platform. We may ask either you or your Employer to provide us with certain personal information that can be used to contact or identify you. This information may include your suffix, sex, employeeID (if applicable), department, title, job code (if applicable) and shall form part of, and collectively referred to as Personal Information or Personal Data.

How We Use the Information About You
We gather this information from you and your Employer to allow us to:

• Process your registration;
• Process your subscription;
• Provide access to the services we offer on our platform including webinars, behavioral health coaching sessions, and users support;
• Browse our website through your browser’s cookies;
• Deliver through emails our special offers on services we think may be of interest to you;
• Contact you to ask for your feedback and comment on our services;
• Notify you on all assigned or impending tasks on our platform;
• Process your Payment.

De-identified Information

Also, we may de-identify users information and statistics to form de-identified information for the purposes of monitoring usage of our Platform and website in order to help us to develop our website and our services, provide insight to the Employers on users performance and stress level on workloads, assess mental and risk impact of users, and evaluate insurance coverage. We may also provide such de-identified
information to third parties including academic journals and external publications for research and analysis purposes. This may be different from our use to monitor and improve our services. These statistics will not include information that can be used to identify you.

Processing of Personal Data

At Intellect, we ensure that we process Personal Information collected from you only for the purposes as necessary to provide services based on relevant binding agreements and contracts with the Employer. In addition, the Bases on Which We Process Information about You may also include the following – Information we process with your consent: Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our platform, you provide your consent to us to process information that may be Personal Information. Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies. We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.

Information we process for the
purposes of legitimate interests: We may process information on the basis there is a legitimate interest, either to you or to us, of doing so. Where we process your information on this basis, we do after having given careful consideration to whether the same objective could be achieved through other means; whether processing (or not processing) might cause you harm; whether you would expect us to process your data; and whether you would consider it reasonable to do so.

For example, we may process
your data on this basis for the purposes of:

• record-keeping for the proper and necessary administration of our organisation.
• responding to
  unsolicited communication from you to which we believe you would expect a response.
• protecting and asserting the legal rights of any party.
• insuring against or obtaining professional advice that is required to manage risk.
• protecting your interests where we believe we have a duty to do so.

Information we process because
we have a legal obligation: Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your Personal Information.

Cookies: Our Platform uses
“Cookies” to identify the areas of the Platform that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to personalise the Content that you see on our Platform. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Platform correctly or at all. We never extract Personal Information in Cookies.

Log Files: Log files track
actions occurring on our Platform, including but not limited to our App and Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

Please note that our Platform
offers “Do Not Track” features to manage the Personal Information we track and process.

Storage and Location of Personal Data

We store your personal data on our data processing server. Our Data Processor is Amazon Web Services (AWS). Kindly go through their Privacy Policy to learn and understand how your information is stored. Please note that our servers are located within Singapore. Except as otherwise mentioned in this privacy policy, we keep your Personal Information:

1.     If the User is actively using the Service, for the lifetime of the User plus six years;

2.     If the User is inactive, for six years from the date the User becomes inactive;

III. For up to 15 years, in cases which are (i) deemed as “high risk”, (ii) may require internal investigations, or where (iii) legal action has been or might be taken against us; to comply with other law; to support a claim or defence in court; and

1.     If the applicable law where User is located has a requirement to retain the Personal Information for a period longer or shorter than the above specified period, we will retain the Personal Information as per the applicable law. 

Security     

We assure you that your information is subject to access control and Intellect employees can only access such information on a need-to-know basis. 

To ensure the security of your information, we use the following methods: Zero-knowledge encryption and transmission, SSL Protocol, SET Protocol, Automatic backup, Digital Certificate, Username/Password, authorizations to access management, and Firewalls. Please note that the internet is not secure and no system involving the internet and the transmission of electronic data is 100% secure. Nevertheless, we take all reasonable efforts to safeguard and protect your information. We encrypt all video and audio communications on our Platform. This means that your video and audio conversations done through our Platform are secure and end-to-end encrypted. Also, note that our use of zero-knowledge encryption for the security of your information may have an adverse effect on you in the event that you lose your primary device. If you change your device or migrate to a new device, some of your Personal Information on our Platform does not transfer to the new device. You may need to re-enter your information again to continue using our Platform. In the event of a breach which affects your Personal Information, you will be
notified within a reasonable timeframe of such breach and measures we took to rectify the breach. Note that you may request at any time to access and delete your information with us.

Disclosure of Personal Data

Although our policy is to maintain the privacy of your information as described herein, we may disclose
your information if we believe that it is reasonable to do so in certain cases, in our sole and exclusive discretion. Such cases may include, but are not limited to:

• To satisfy any laws or regulations including Local, State, or Federal laws;
• To respond to requests, such discovery, criminal, civil, or administrative process, subpoenas,
  court orders, or writs from law enforcement or other governmental or legal bodies;
• To bring legal action against a user who has violated the law or violated the terms of use of
  this platform;
• To escalate a case (i) from one Intellect provider to another provider; or (ii) to the Client or an
  external service provider (including, among others, a relevant doctor, or authority when needed) in accordance with our Escalation protocol (https://intellect.co/care-model-and-escalation-protocol). The Escalation Protocol provides clear guidelines and framework on assessing risk and escalating cases when necessary.  
• As may be necessary for the operation of this platform;
• To generally cooperate with any lawful investigation about our users;
• If we suspect any fraudulent activity on this platform or if we have noticed any activity which may violate our terms or other applicable rules.
• To Third Party Providers on whose behalf the information was collected for the purpose of providing services to you.
• To third parties we engage to provide services on our behalf such as processing transactions and operating services on our Platform. We have taken all necessary action to enter into agreements that require these third parties to protect such information and use the Personal Information they receive only to perform services for us.
• In the event of a merger, acquisition, asset sale, reorganisation or similar transaction, we may transfer any and all Personal Information we collect to the relevant third party involved in the transaction, with your consent if and as required under applicable privacy laws.
• Enterprise Service: To inform the necessary Legal Authorities or Emergency Contacts about situations of imminent danger such as threat to life or reckless actions of the user that can affect other users, emergency crisis, suicidal tendencies, and other related actions by a user;

If you have any questions, comments, or concerns regarding your rights, please contact us through email to support@intellect.co. 

Accuracy of Personal Data

We generally rely on personal data provided by you, your authorised representative or your Employer. In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at support@intellect.co.

Opt Out

You always have the opportunity to opt-out of our communications with you or change your preferences by contacting us at support@intellect.co.

Enterprise Service: If you have signed up through your Employer as an employee account, please reach out to your Employer to cancel your account. You may still receive communications from us even after you cancel your account unless you also opt-out of our communications, as described above.

Your Right and Applicable Laws

You have the following rights to the processing of your Personal Information under applicable privacy laws including but not limited to Singapore PDPA, EU GDPR, and US HIPAA:

• Access: You have the right to know whether we process Personal Information about you, and if we
  do, to access data we hold about you and certain information about how we use it and who we share it with. To obtain information and access to your Personal Information held by us, please contact us at support@intellect.co.
• Portability: You have the right to receive a subset of the Personal Information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used, and machine-readable format and a right to request that we transfer such Personal Information to another party. If you wish for us to transfer the Personal Information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of Personal Information or its processing once received by the third party.
• Correction: You have the right to require us to correct any Personal Information held about you that is inaccurate and have incomplete data completed. Where you request a correction, please explain in detail why you believe the Personal Information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the Personal Information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.
• Restriction of processing to storage only: You have a right to require us to stop processing the Personal Information we hold about you other than for storage purposes in the following circumstances:
  • You believe the Personal Information is not accurate for the period it takes for us to
    verify whether the data is accurate;
  • We wish to erase the Personal Information, but you want us to simply restrict the use of that data;
  • We no longer need the Personal Information for the processing, but you require us to retain the
    data for the establishment, exercise, or defence of legal claims; or
  • You have objected to us processing Personal Information we hold about you based on our legitimate interest and you wish us to stop processing the Personal Information while we determine whether there is an overriding interest in us retaining such Personal Information.
• Objection: You have the
  right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it concerning legal claims. You also have the right, at any time, to object to our processing of data about you to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.
• Choice/Opt-Out of Marketing Communications: You always have the opportunity to opt-out of
  our marketing communications with you or change your preferences by emailing us at support@intellect.co or by using the unsubscribe link (if any) found at the bottom of a marketing email to opt-out of receiving future emails. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information), and your account(s) on our platform are provided to you upon the condition that you receive these communications from us. You must cancel your account(s) on our platform, as applicable, if you do not wish to receive any transactional or service communications. To cancel your account(s), please follow the instructions found in the terms of service for the applicable Service. You may still receive marketing communications from us even after you cancel your account unless you also opt-out of our marketing communications, as described above.
• Erasure: Personal
  Information we hold about you will be deleted within thirty (30) days, if you leave the employment of your Employer, or if your Employer wishes to end the services we provide. You may request that we erase the Personal Information we hold about you in the following circumstances:
  • where you believe it is no longer necessary for us to hold the Personal Information;
  • we are processing it based on your consent, and you wish to withdraw your consent;
  • we are processing your data based on our legitimate interest and you object to such processing;
  • you no longer wish us to use your data to send you marketing; or
  • you believe we are unlawfully processing your data.
  • Upon request for erasure of your data, it will take us approximately thirty (30) days to delete your data. We may send an update to you acknowledging the deletion. Please note that if we delete your data, it is permanent and we will not be able to retrieve such data. You may be required to create a new account if you still want to access and use our Platform.
• Withdrawal of Consent: Where you have provided your consent to us processing your data, you can withdraw your consent at any time by emailing us at support@intellect.co.

Contact Us

By using our platform, you hereby consent to our Privacy Policy and agree to its Terms and Conditions. For more information about our Privacy Policy, if you have questions, or if you would like to make a complaint, please contact us by email at support@intellect.co.