Updated 10th September 2024
PRIVACY POLICY
We, CodePunk Private Limited, are a company existing under the Companies Act, 2013, and have our registered address at A-89 TTC Industrial Area, Khairne MIDC, Thane, Belapur Rd Navi Mumbai-4007, India (hereinafter referred to as “We”, “Company”, “Our” or “Us”, which expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, permitted successors and assigns). This Privacy Policy explains how We use and maintain the privacy of the personal data of Our employees, contractors, vendors, interns, associates, business partners and the Users (collectively referred to as our “Data Subjects”) of Our Website (www.drpair.com) and Mobile Applications (PAIR) (collectively referred to as “Platform”).
For the purpose of this Privacy Policy, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person such as a doctor, nurse, or his / her assistant and an entity such as a clinic or hospital that offers services, facilities requiring diagnosis, treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognised system of medicine established and administered or maintained by such a doctor, who has agreed to become a user of the Platform or to access the Website/Application. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and CodePunk Private Limited.
Scope
This Privacy Policy is applicable to all Our Data Subjects who may receive personal information, have access to personal information collected or processed by Company, or who provide such information to Us. All employees of Our Company are expected to comply with this Privacy Policy when they collect and / or handle personal information, or are involved in the process of maintaining or disposing of personal information.
Any and all third party(ies) working with or for Us, and who have or may have access to personal information will be expected to have read, understood and complied with this Privacy Policy. No third party may access personal information held by Us without having first entered into a confidentiality agreement.
Responsibilities
The owner for this Privacy Policy shall be Raj Attur, who shall act as the Data Privacy Officer and shall be responsible for the maintenance and accuracy of this Privacy Policy.
What data do We collect?
We collect the following data provided by the Users on Our Platform from time to time:
● Personal Information, which shall have the meaning ascribed to it under Rule 2(1)(i) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, as may be amended from time to time;
● Sensitive Personal Data or Information, which shall have the meaning ascribed to it under Rule 3 of the above mentioned Rules;
● · The User’s username, password, email address, phone number, full name, address, age, date of birth, sex, nationality, height, weight, city, qualifications, specialty, and registration number. We may also collect the following information about the User’s clinic: its name, full address, GST number (optional), contact number, registration number and its unique number;
● Details about the User’s Patient’s name, age (optional), sex, contact number, patient ID (as may be maintained by the User), date of visit to the clinic, past and present diseases, allergies, treatments, medical history, diagnosis reports, prescriptions and any images of any case sheet containing medical information, or images pertaining to the patient’s reports and prescriptions uploaded by the User, or such other information as may be uploaded / published voluntarily by the User; and
● Information pertaining to the User’s computer and web browser, IP address and device ID.
We may also request for such additional information from the Users as may be required from time to time in order to ensure continuous provision of the services available on the Platform.
Information that is freely available in the public domain or is accessible under the Right to Information Act, 2005 or any other applicable law is not covered within ‘Personal Information’ and ‘Sensitive Personal Data or Information’.
As far as our remaining Data Subjects are concerned, We may collect data pertaining to them in accordance with the respective contract(s) / agreement(s) entered by Us with such individuals.
How will We use your data?
We collect User data so that We can:
· Provide services and features targeted to meet the User’s needs and to improve his / her experience of Our Platform.
· Certain information that may be tracked by Us on the basis of the User’s IP address and behaviour on Our Platform will be used for undertaking internal research on User demographics, interests and behaviour to enable Us to understand and cater to such User interests in a better way.
· Contact and demographic information pertaining to such User’s zip code, income bracket, sex, etc. that may be collected by Us in online surveys will be used to customise Our Platform and provide the User with services that We believe the User may be interested in availing.
· Records of electronic communications and telephone calls received and made for support or other purposes will be used by Us for the purpose of administration of services, customer support, research and development, and for better assistance to the User.
· We may use the data provided by the User at the time of registration for the purpose of contacting him / her.
· The User’s and his / her Patients’ Personal Data and Sensitive Personal Data will be used for generating alerts, reminders, SMS for medicines and for the purposes of internal record keeping.
· Only anonymized data from the User’s Patients’ Sensitive Personal Data may be used by Us for research and analytics. It may also be used by Us or by a Third Party for any business or commercial purpose including any commercial research and analysis.
· Any matter as would be necessary and essential in the fulfilment of the above functions.
Data pertaining to Our employees, contractors, vendors, interns, associates and business partners will be used by Us to fulfil the purposes of the respective SOW’s / contract(s) /
agreement(s) that We may have entered into with such individuals. The personal information obtained from such Data Subjects will be used by Us to provide them with information and services and to help Our personnel better understand the needs and interests of these Data Subjects. Occasionally, We may use the personal information to contact the Data Subjects to complete surveys that are used for marketing and quality assurance purposes.
We may share data collected from the Data Subjects with:
· government agencies that are required to obtain such information under any applicable law; and
· law enforcement agencies, government officials and other third party(ies) in order to cooperate with them to enforce laws relating to intellectual property rights, fraud, other illegal activities, and activities that may expose Us or such Data Subjects to any legal liability(ies).
· In other ways if we get Data Subject’s consent
We also collect human resources data in connection with administration of Our human resources programs and functions and for the purpose of communicating with Our employees. These programs and functions may include compensation and benefit programs, employee development planning and review, performance appraisals, training, business travel expense, identification cards, access to Company facilities and computer networks, employee profiles, internal employee directories, human resource record keeping, and other employment related purposes. We also collect and use personal information to consider candidates for employment opportunities with Our Company. Human resources data may be shared with third party vendors and service providers for the purpose of enabling the vendor or service provider to provide service and / or support to Us in connection with these human resources programs and functions. We will not share human resources data with third parties for non-employment purposes.
How do We collect your data?
By affirming assent to this Privacy Policy and by clicking on the “I agree with the Terms and Policy” option at the time of registration, the User shall be deemed to have agreed to collection of his / her data by Us. Furthermore, continued use of Our Platform shall be
deemed to be a continued acceptance of the terms of our Privacy Policy, unless the opposite is conveyed by the User in writing.
Such User is required to obtain prior written consent from his / her Patients before uploading or submitting any information pertaining to such Patients on Our Platform. Further, he / she shall also maintain such consent so long as he / she avails the services available on Our Platform. We will not be liable for any liability, loss, damages, costs and expenses that may be incurred by the User or User’s Patients or any third party as a result of failure on User’s part to obtain such Patient consent.
How do We store your data?
The computers / servers on which We store personally identifiable information about Our employees, contractors, vendors, interns, associates and business partners are kept in a secure environment. Any and all data that is collected from the Users by Our Company is stored in a secure cloud based platform. Data pertaining and belonging to such Users, which may include personal correspondence in the nature of emails, letters, feedback from other users or Third Parties regarding the User’s activities or posting on Our Platform, that may be directly or indirectly collected by Us may be compiled into files or folders that may be specifically created for or allotted to such Users.
Marketing
We would like to send the Users of Our Platform offers and promotions, whether or not based on their previous interests. If the User no longer wishes to be contacted for such marketing or promotional purposes, he / she may opt-out by clicking on the ‘Unsubscribe’ link available at the end of every such promotional communication.
What are your data protection rights?
The Data Subjects are entitled to the following:
The right to access: The User will have a personal, non-exclusive, non-transferable, revocable and limited privilege to enter, access and use Our Platform so long as such User continues to abide by the terms of this Privacy Policy and the Terms of Service.
The right to rectification: We shall allow the Users to correct, delete or amend their personal information at any time by making such changes on Our user account information page, or by contacting Us. The employees, contractors, vendors, interns, associates and business partners
of Our Company may also do so by reaching out to Us. We may make such changes as soon as reasonably practicable.
The right to exit: If the User wishes to delete his / her account or no longer wants Us to use his / her data for the purpose of providing services, the User may contact Us.
The right to confidentiality: We will not disclose the information provided by the Data Subjects to any third party, unless We are required to do so under this Privacy Policy and /or any applicable law. However, We will inform you in writing in the event of any such mandatory disclosure. We will not sell, share or rent your personal information with any marketing agency or company that indulges in unsolicited communications.
Protection from unauthorised access: We will employ generally accepted industry standards to protect your data from loss, misuse and unauthorised access, disclosure, alteration and destruction by members inside and outside Our Company. However, We will not be liable for any security breach that may arise as a result of causes beyond the control of Our standard security procedures.
The right to be informed: We will inform all the Data Subjects about any changes or modifications that We may make to this Privacy Policy.
The right to withdraw consent: User’s patient may withdraw his / her consent with respect to the collection and storage of such patient’s sensitive personal data or information by emailing Us. We shall inform the patient’s doctor(s) and care provider(s) of their withdrawal of consent and consequently, all records that We hold about the User’s patient will be deleted / purged from Our system within ninety days.
What are cookies?
Cookies are data collection devices in the form of small files on certain pages of Our Platform which are sited on the User’s hard drive and assist Us in providing customised services that are targeted to the User’s interests and in identifying logged in or registered Users. Some of Our features are available only through the use of such cookies.
Legal framework
This Privacy Policy is published in accordance with the Information Technology (Intermediaries Guidelines) Rules, 2011; and being an electronic record as per the provisions
of the Information Technology Act, 2000 and the rules framed thereunder, it does not require any physical or digital signatures.
Other conditions
· The use of Our Platform by the Users is solely governed by this Privacy Policy and the Terms of Service;
· This Privacy Policy is co-terminus with the Terms of Service and the expiry or termination of either one will lead to the expiry or termination of the other; · Your act of visiting and using Our Platform signifies your unequivocal acceptance of this Privacy Policy and the Terms of Service and the same are legally binding between you and the Company;
· We reserve the sole right to amend any provision of this Privacy Policy and the Terms of Service without obtaining your prior approval and the User and the remaining Data Subjects will be deemed to have consented to such amendment so long as he / she continues to use Our Platform; or continues to have an ongoing relationship with Us following such amendment;
· Reviews of Our services that may be provided by the User along with his / her username and certain contact details may be published by Us;
· We are not under an obligation to store, upload, publish or display in any manner content, reviews, surveys or feedback submitted by the User and We may remove such information from Our Platform, without cause and/or without giving such User any prior intimation about the same;
· The Users will maintain the accuracy of the information provided to Us and if We reasonably believe that any information provided by such User is or becomes untrue, inaccurate, out of date or incomplete, then We may, at Our sole discretion, terminate the services provided to the User;
· We may retain User information so long as he / she has an active account on Our Platform and for the purpose of providing services to him / her. However, We will retain such data only for such period as is legally permissible;
· We do not collect information about visitors to Our Website from other sources such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users;
· The data pertaining to the User and his / her Patients’; and Our employees, contractors, vendors, interns, associates and business partners will be disclosed and
transferred by Us to another company in case We are merged with or acquired by such other company or We enter into joint venture, transfer or disposition of all or any portion of Our assets or stock ;
· We will retain in Our files, information that the User has requested to remove / edit for circumstances such as resolving disputes, troubleshooting problems and enforcing Our terms and conditions. All of the User’s personally identifiable information is not completely removed from Our databases due to technical and legal constraints, including stored ‘back up’ systems. We shall not use or disclose to third party(ies) any such personally identifiable information pertaining to the User and his / her patients after we receive the aforementioned requests from them.
Indemnity
The User will indemnify Us in any suit or dispute brought against Us by any third party in relation to disclosure of Personal Information by the User to third parties either through Our Platform or otherwise and his / her use and access of Our Platform, and resources of third parties. We will not be liable for any actions of third parties with regard to the User’s Personal Information which the User may have disclosed to such third parties. Further, the User will indemnify us and hold harmless against any suit or dispute brought against us by any User’s Patients in relation to disclosure of such Patients Personal Information on our platform.
How to contact Us?
If you have any question, complaint or grievance in relation to Our Privacy Policy or the practices of Our Platform, please do not hesitate to contact Us at:
Email: we@med-technologies.com