Privacy Policy | PositivMinds

Effective date: 22nd September 2024

Welcome to POSITIVMINDS

Thank you for using our products and service (“Services”). The Services are provided by POSITIVMINDS a brand owned by DR Square Technologies LLP. By using our services, you agree to these terms, including privacy policy, which is incorporated by reference. Please read them carefully.

Do not misuse or abuse our services. Do not interfere with our services or try to access them in a way other than what we provide. You can use our services only as permitted by law. We may suspend, ban, or stop providing our services to you if you do not follow our Terms, Privacy Policy, or other policies, or if we are investigating suspected misconduct.

Using our services does not give you ownership of any intellectual property rights in our services or the content you may access. You may not use content from our services unless you have obtained permission from its owner. These Terms do not grant you the right to use any branding or logos from our Services without written consent from DR Square Technologies LLP. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may display some content that does not belong to DR Square Technologies LLP. This content is the sole responsibility of the individual who makes it available. We may review content to determine whether it is illegal or violates any of our policies, and we will remove or refuse to display content that we believe violates our policies or the law. We do not necessarily review all content and you should not assume that we do.

In connection with your use of our Services, we may send you announcements, administrative messages, and other information. You may opt out of some of these communications. Some of our Services are available on mobile devices. Do not use our Services in a way that distracts you and prevents or diminishes your ability to obey traffic and safety laws.

Counselling Services:

DO NOT USE OUR SERVICE FOR EMERGENCIES. WE ARE NOT A MEDICAL SERVICE OR SUICIDE PREVENTION HELPLINE. ALL CRISIS CHATS/CALLS WILL BE TERMINATED IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, WE SUGGEST YOU IMMEDIATELY CALL A SUICIDE PREVENTION HELPLINE – e.g., VANDREVALA FOUNDATION HELPLINE - 1 860 266 2345 (24x7), AASRA - +91 22 2754 6669 (24x7) FOR PEOPLE RESIDING IN INDIA (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

You acknowledge and agree that the counsellors are neither employees nor agents nor representatives of Positivminds, and Positivminds assumes no responsibility for any act or omission of any such counsellor. You understand and agree that, although a mental or medical health professional, physician, or other professional counsellor may have been accessed through Positivminds, Positivminds cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other counsellor. You also acknowledge and agree that you take full responsibility for the decision to access a counsellor through the Site and to continue to interact with the counsellor, and that the role of Positivminds is strictly limited to providing access to such counsellors for your consideration. Your relationship relating to the counsellor Services is strictly with the counsellor. We are not involved in any way with the actual substance of that relationship or any part of the counselling Service (whether provided through the Platform or not). Information shared between User and counsellor during online therapy services may be reviewed periodically by Positivminds to conduct quality control, address potential safety issues, and prevent misuse of our platform, if certain suspicious or potentially harmful activity is detected. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, Positivminds will maintain all applicable confidentiality/privacy standards.

Positivminds makes no representation or warranty whatsoever as to (a) the willingness or ability of the counsellor to listen, (b) the willingness or ability of any counsellor to give advice, (c) whether the Member shall find a counsellor useful or satisfactory, (d) whether the Member shall find a counsellor’s advice relevant, useful, accurate or satisfactory, (e) whether the listening of the counsellor will be helpful, (f) whether the advice of the counsellor will be responsive or relevant to the Member’s question, or (g) whether the counsellor’s advice will otherwise be suitable to the Member’s needs.

You acknowledge that we do not guarantee verification of the skills, degrees, qualifications, credentials, competence, or background of any counsellor. It is your responsibility to conduct independent verification regarding any counsellor that provides you with counselling Services (whether through the Platform or not). WE STRONGLY RECOMMEND THAT YOU CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, OR MENTAL HEALTH PROFESSIONAL, WITH THE APPLICABLE LICENSING BOARD OR AUTHORITIES.

In case you make a payment through the Platform, or make any payment to us, this payment is made to the counsellor for the counselling Services. We may charge the counsellor by taking a portion of this payment for the use and operation of the Platform ("Platform Use Fees"). However, we will not be deemed as the counsellor of any counselling Services regardless of payment. Furthermore, the payment for the use of the Platform is made by the counsellor and not by you.

Positivminds provides community forums which allow Members to post questions about diverse topics and allow counsellors and Members to volunteer answers to such questions. Information and advice found on Positivminds is intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on Positivminds. Any reliance on information is done at your sole risk and liability.

POSITIVMINDS DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY COUNSELLORS AND POSITIVMINDS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

Chatbots:

POSITIVMINDS utilizes cutting-edge technology, including complex algorithms and machine learning, to deliver limited, interactive chat features with our Chatbots, including BUDDY the chatbot. You understand and agree that, although a Chatbot may have been accessed through POSITIVMINDS, POSITIVMINDS cannot predict or assess the Chatbot’s competence of, or appropriateness for your needs. You also acknowledge and agree that you take full responsibility for the decision to access a Chatbot through the Site and to continue to interact with the Chatbot, and that the role of POSITIVMINDS is strictly limited to providing access to such Chatbots for your consideration.

Privacy and Data Security for BUDDY the Chatbot:

BUDDY the chatbot is designed to provide a confidential and supportive environment for users to express their feelings. We collect information such as your name, age, gender, and chat transcripts to offer personalized support. All data shared with BUDDY the chatbot is securely stored and kept confidential. Aggregated data from chat transcripts may be used for research and development purposes to enhance our services.

Sensitive Topics Disclaimer:

If you mention thoughts of self-harm or suicide, please be aware that the BUDDY the chatbot is not a substitute for professional counselling. For immediate assistance, contact a mental health professional or a suicide prevention helpline. Your safety and well-being are our top priority. In such situations the chatbot will terminate the discussion.

International Data Transfers:

Your data may be transferred to and processed in countries other than your own. We comply with international data protection regulations, including GDPR and CCPA, and ensure appropriate safeguards are in place.

User Rights:

You have the right to access, correct, delete, and restrict the processing of your data. To exercise these rights, please contact us at info@positivminds.com.

Children's Privacy:

We do not knowingly collect personal data from children under the age of 13 without parental consent. If we become aware of such data collection, we will take steps to delete the information.

POSITIVMINDS DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY CHATBOTS AND POSITIVMINDS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

Your POSITIVMINDS Account:

You need a POSITIVMINDS account to use our Services. You may create your own POSITIVMINDS member account. You may hold only one member account. To protect your POSITIVMINDS account, keep your password confidential. You are responsible for any activity that happens on or through your POSITIVMINDS account. If you discover any unauthorized use of your password or POSITIVMINDS account, contact the Help Centre.

Privacy:

The POSITIVMINDS Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that POSITIVMINDS can use your data in accordance with our Privacy Policy.

Digital Copyright Act:

We respect the intellectual property rights of others and request users to do the same. We will respond to notices of abuse or alleged copyright infringement and terminate accounts of repeat offenders according to the process set out in the Information technology act 2000 and its amendments in 2012 if you believe there is copyright infringement, please send an email info@positivminds.com):

description of the alleged infringement
identification of the copyrighted work
your name and contact information (email address and phone number)
signed statement that you are either the copyright owner or the person authorized to act on behalf of the copyright owner.

Your Content in Our Services

Some of our Services allow you to upload, submit, store, send or receive content. Positivminds shall maintain the storage and integrity of such data in accordance with our Privacy Policy.

You can find out more about how Positivminds uses and stores your content in the Privacy Policy. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in Our Services

Our Services may include downloadable software, which may update automatically on your device once a latest version or feature is available. Some Services may let you adjust your automatic update settings.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.

Modifying and Terminating Our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. Positivminds may also stop providing Services to you or add or create new limits to our Services at any time. We believe that you own your data. Preserving your access to and control of your data is important. Upon request, we will delete all data related to your account in accordance with our Privacy Policy.

Our Warranties and Disclaimers

DO NOT USE OUR SERVICE FOR EMERGENCIES. WE ARE NOT A MEDICAL SERVICE OR SUICIDE PREVENTION HELPLINE. ALL CRISIS CHATS/CALLS WILL BE TERMINATED IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, WE SUGGEST YOU IMMEDIATELY CALL UP A SUICIDE PREVENTION HELPLINE – e.g., VANDREVALA FOUNDATION HELPLINE - 1 860 266 2345 (24x7), AASRA - +91 22 2754 6669 (24x7). FOR PEOPLE RESIDING IN INDIA (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

We provide our Services using a reasonable level of care and skill and we hope that you enjoy using them. There are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER POSITIVMINDS NOR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS.” WE EXCLUDE ALL WARRANTIES.

Liability for Our Services

WHEN PERMITTED BY LAW, POSITIVMINDS AND POSITIVMINDS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POSITIVMINDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, POSITIVMINDS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business Uses of Our Services

If you are using our Services on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify POSITIVMINDS and its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives, and agents from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs, and attorneys’ fees.

About These Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page and email them to registered users. We will post notice of modified additional terms in the applicable Service. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should immediately discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between POSITIVMINDS and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we do not act right away, that does not mean that we will give up any rights that we may have (such as taking action in the future).

Business Uses of Our Services

About These Terms

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

For more information about how to contact POSITIVMINDS, please visit our contact page.