PRIVACY POLICY (Clinally App for Doctors - mPower Health)
At, Cardiometcare Plus Health Solutions Private Limited, (hereinafter “Company”, “we”, “our” or “us”), we appreciate the trust entrusted upon us by you i.e. “Registered User(s)”/“You” (defined below). We seek to protect Personal Information and Sensitive Personal Information that we collect, or you share while using the Application (defined below) to the best extent possible and only use such information in a manner provided in this policy (“Privacy Policy”).
This Privacy Policy has been drafted in accordance and compliance with (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed there under, including (iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), (iv) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”), and the (v) Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021. The Act and Rules referred to in (ii), (iii), (iv) and (v) shall collectively be referred to as (“IT Laws”).
In this Privacy Policy, we describe the kind of Information that we collect about you when you use and access the “mPower Health” application accessible through desktops, mobile phones, smart phones, tablets, plugins and API (hereinafter the “Application”) and how we use and disclose that information while providing the Services through the Application. By using the Application, you have given us your permission/consent to collect, store, and use the Personal Information and Sensitive Personal Information you provide for availing Services that the Application offers. You acknowledge that the information provided by You while using the Application is out of Your free will and if you are sharing any third party information the same is shared only with their prior consent.
The Company has the exclusive, worldwide license to use the Application including the source code, and make the same available to Registered Users. The Company acknowledges that the Application was developed in collaboration with the experts from All India Institute of Medical Sciences (AIIMS), New Delhi and Centre for Chronic Disease Control (CCDC), New Delhi.
The Privacy Policy read along with the Terms and Conditions comes into effect from the date and time a Registered User downloads and starts using the Application and accepts the Terms. If you have any questions or comments about the Privacy Policy, please contact us at info@clinally.com. The Terms and Conditions governing use of this Application (hereinafter “Terms and Conditions” or “Terms”) are accessible at https://clinally.com/termsandconditions-mpowerhealth.html
BY ACCESSING OR USING THE APPLICATION, AND/OR SERVICES PROVIDED THEREIN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS. IF YOU DO NOT AGREE TO THE TERMS OR PRIVACY POLICY DO NOT USE THE SERVICES OR ACCESS THE APPLICATION.
Our Privacy Policy is subject to change at any time without notice. Your continued use of the Application following such changes to the Policy constitutes your acceptance of the changed Policy and to be bound by such changes.
1. DEFINITIONS
As used in these Terms, the following terms shall have the meaning set forth below:
(i) Confidential Information shall mean all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to content on the Application, Healthcare Provider Information, all types of data, information, ideas, specifications, procedures, source code, software architecture, software design, personal information, business plans, projections, marketing data and other similar information of the Company, Patient Information, documentation, the existence and contents of this Agreement, whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, client and prospect lists, trade secrets, or intellectual property rights such as trade names, trademarks, copyright, patents, designs, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement owned by the Company.
(ii) Effective Date means the Date on which You accept the Terms and Privacy Policy by clicking ‘Register’, 'Log in' or 'I Accept' or enter into an agreement with the Company.
(iii) Intellectual Property Rights shall mean and include any and all intellectual property rights, including amongst others, copyrights, patents, trademarks, trade names, service marks, business names (including internet domain names), design rights, database rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether patentable or not) and all other intellectual property or similar proprietary rights of whatever nature (whether registered or not and including applications to register or rights to apply for registration) which may now or in the future subsist in the Application anywhere in the World.
(iv) Patient shall mean any person who has sought or is seeking healthcare services from the Healthcare Provider who is a Registered User.
(v) Patient Information shall mean the personal/sensitive personal information or any other information pertaining to the Patients either entered by the Healthcare Provider directly or by enquiring from the Patients on the Application such as Patient’s medical history, drug history and personal history, test reports, assessment reports, diagnosis, contact details, etc.
(vi) Personnel shall mean and include staff/employees who are employed/engaged in rendering services to the Healthcare Provider.
(vii) Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information is capable of identifying such person.
(viii) Registered User shall refer to the Healthcare Provider who sign(s) up and register(s) as a user on the Application for using the Services. For the purposes of this Agreement, the term “Registered User” shall also refer to and include the Personnel who access the Application on behalf of the Healthcare Provider.
(ix) Registered User Information shall mean any information that may be provided by a Registered User through using or which may be collected by the Application when the Registered User uses the Services, including but not limited to Healthcare Provider Content, Healthcare Provider Information and Patient Information.
(x) Sensitive Personal Information means such personal information which consists of information relating to- (i) password; (ii) financial information such as Bank account or credit card or debit card or other payment instrument details ; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) Biometric information; (vii) any detail relating to the above clauses for providing any service; and (viii) any of the information received under above clauses for processing, stored or processed under lawful contract or otherwise.
(xi) Healthcare Provider shall mean any health care provider such as doctors, nursing staff, clinics, nursing homes, medical practitioners, nutritionists, dieticians, and others who is either licensed/certified/skilled/trained to offer healthcare services and is recognized as a healthcare provider under applicable laws and who sign(s) up and register(s) as a user on the Application for using the Services.
(xii) Healthcare Provider Content shall include all content entered into and generated through the Application by the Healthcare Provider including but not limited to all entries made in pursuance of using the features available on the Application as well as the Healthcare Provider Information and includes Patient Information.
(xiii) Healthcare Provider Information means information regarding Healthcare Provider which includes personal information such as first and last name, email address, mobile number, age, date of birth, gender, professional qualification, medical registration number if applicable, state where Healthcare Provider is located, email address, government ID proof, and any other information which may be provided by a Healthcare Provider through using or which may be collected by the Application when the Healthcare Provider uses the Services.
(xiv) Services means the services being offered to Healthcare Provider through the Application by providing a platform through which the Healthcare Provider will be able to input and store various information regarding their Patients such as the Patient Information, as well as schedule Patient appointments, enter their diagnosis, generate prescriptions, and such other features and services as the Company may include from time to time.
(xv) All other capitalized terms shall be defined in the context in which they are used in these Terms.
2. INFORMATION WE COLLECT
2.1 Information Provided to Us:
We receive and store Registered User Information (i.e. includes Personal Information and Sensitive Personal Information) and Non-Personal Information.
Registered User- Personal Information and Sensitive Personal Information:
You as a Registered User will be required to provide certain information such as Personal Information and Sensitive Personal Information which includes the Healthcare Provider Information and Healthcare Provider Content which includes Patient Information as well when creating an account and using the Services on the Application. We will also collect information which would help determine your eligibility to avail the Services offered on the platform, information which would help us process requests made by you for the use of Services offered by the Company such as age or documents for proof of identity, qualification, etc.
We shall also collect any other information that is required in order to provide smooth user experience, including but not limited to SMS access for auto- OTP verification, camera/gallery/contacts access, for various functionalities within the Application if required. You always have the option to not provide information by choosing not to use a particular Service or feature. Importantly, we only collect Registered User Information that we consider necessary for achieving the aforementioned purposes, for communicating with you about the Services being offered and generally for you to be able to avail the Services.
Registered Users - Non-Personal Information:
Information Collected Automatically: When you download and use the Application as a Registered User, we receive and record information on our server logs from your browser or mobile, including but not limited to your device hardware model, browser type, IP address, operating system version, unique device identifiers, type of mobile you use, the mobile network information your geographic location, the URL that you just came from, your device browser information, your ISP, and other technical information. We may also collect information about how your device has interacted with the Application, including the pages accessed and links clicked. We treat this data as Non-Personal Information, except where we are required to do otherwise under applicable law.
Cookies: We use data collection devices such as “cookies” on certain pages of the Application to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your device that assist us in providing the Services. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your device at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Application.
By continuing to use the Application and/or Services you are deemed to have read the Privacy Policy and understood the purpose for which your Personal/Sensitive Personal Information or Non-Personal Information is being collected and how the same shall be used and granting your express consent to such purpose and use. If, at a later date, you wish to withdraw this consent, please send us an email at info@clinally.com.
3. USE OF INFORMATION COLLECTED
Use of Personal, Sensitive Personal Information and Non-Personal Information is an integral part of the Application, its purpose and our business. We neither rent nor sell your Registered User Information to anyone. We may share your Registered User Information only as described in this Privacy Policy and related documents.
3.1 Use of Personal/Sensitive Personal Information:
We will use and store Personal/Sensitive Personal Information to:
(i) enable you to use the Application and our Services;
(ii) maintain, and improve our Services, including, for example, to provide Services you request (and send related information), develop new features, provide customer support to You, send updates and administrative messages, develop safety features, authenticate users and customize your experience;
(iii) market and promote the Service and for the internal operational and administrative purposes of the Service,
(iv) improve and customize the Application content, layout and Service offerings which could include conducting research activities with partner institutes to further strengthen the scientific and clinical knowledge to improve health outcomes;
(v) respond to your emails or letters, or any other correspondence about your activities or postings on Application;
(vi) provide you with a smooth, efficient, safe and customized experience while using the Application;
(vii) enable us to comply with country laws and regulations;
(viii) to resolve disputes; troubleshoot problems; help promote safe interactions and correspondence; inform you about online and offline offers, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our Terms; and as otherwise described to you at the time of collection;
You agree that the information provided by you such as Healthcare Provider Information, Patients Information, Healthcare Provider Content or any other highly sensitive information through use of the Application and/or communicated through other means provided by the Company may be collected by the Company to maintain records into a file specific to you.
3.2 Use of Non-Personal Information:
We will also use Non-Personal Information (including information from online and offline third party sources) to create aggregated data for analytical and other purposes. We use this information to do internal research on your demographics, interests, and behavior to better understand, protect and serve You. This information is compiled and analyzed on an aggregated basis. Unless otherwise stated in this Privacy Policy, We only use this data in aggregate form.
We may freely use Non-Personally Identifiable Information in connection with the Services offered through the Application, including: to administer the Services being offered thereunder, to understand how well the Service is working, to market the Services and other products and services, to develop aggregate, statistical information on usage of the Service and to generally improve the Service. Collecting this information enables us to better diagnose problems with our server and to administer the Application. This information aids us in merchandising and in developing the design and layout of the Application.
4. OUR DISCLOSURE OF YOUR INFORMATION
Only the persons authorized by us shall have access to your Personal Information and Sensitive Information. Please find below the following circumstances under which and people to whom we would share your Information from time-to-time:
4.1 Disclosure of Personal Information:
We do not disclose Personal/Sensitive Personal Information to any third party for marketing purposes. Except as otherwise provided under this Privacy Policy, we will disclose your Personal/Sensitive Personal Information to third parties only in the following limited circumstances:
(i) Affiliates: if you use the Service through the Application, we may disclose your Personal Information//Sensitive Personal Information to our affiliates, agents or trusted partners who work on behalf of or with us under confidentiality agreements. These entities may use your Personal Information/Sensitive Personal Information for the purposes stipulated under this Privacy Policy, performing services, administering promotions, analyzing data and usage of the Service through the Application, processing payments and account actions, operating the Service or providing support and maintenance services for the same, or providing customer service, offering advice. They may use the Personal Information/Sensitive Personal Information to operate, develop, and improve the features and functionality of the Service, communicate with you as described elsewhere in this Privacy Policy.
(ii) when we have your consent to otherwise share the information.
(iii) We reserve the right to use or disclose Personal Information/Sensitive Personal Information and any other information we collect in connection with the Service offered through the Application (a) If We believe that there is a significant/ real/ imminent threat or risk to your health, safety or life or to the health, safety or life of any other person or the public (b) to any successor to our business, including as a result of any merger, acquisition, asset sale or similar transaction, (c) to any law enforcement, judicial authority, governmental or regulatory authority, to the extent required by law or legal process, or (d) if in our reasonable discretion, such use or disclosure is necessary to enforce or protect our legal rights or to protect third parties.
4.2 Disclosure of Non-Personally Identifiable Information: We may disclose other Non-Personally Identifiable Information including aggregate information to third party advertisers and advertising agencies, partners, and other parties in order for us and such third parties to analyze (a) the performance of, to operate and improve the Services offered through the Application and (b) the behavior of Registered Users and to target offers and services to other users and depending upon their requirements. We may also disclose, use or publish this information for promoting the Services offered under the Application. These third parties are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any other purpose except to facilitate the specific outsourced operation, unless you have explicitly agreed or given your prior permission to them for additional uses.
4.3 Network Operators: Use of the Service provided through the Application may involve use of the services of third party telecommunications carriers, internet service providers and service providers (such as the services of the carrier that provides cell phone service to you). Such carriers and service providers are not our contractors, and any information that a carrier collects in connection with your use of the Service provided through the Application is not "Personal Information" and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers, internet service providers or service providers.
5. STORING YOUR INFORMATION
Our retention periods for Personal/Sensitive Personal Information are based on business needs and legal requirements. We retain Personal/Sensitive Personal Information data for as long as is necessary for the processing purpose(s) (including for purposes of meeting any legal, administrative, accounting, or other reporting requirements) for which the information was collected, and any other permissible, related purpose. When Personal/Sensitive Personal Information data is no longer needed, we either irreversibly anonymize the data (and we may further retain and use the anonymized information) or securely destroy the data.
6. ACCESS OR CHANGE YOUR PERSONAL INFORMATION
You may review, correct, update, change or delete your information at any time by contacting us at info@clinally.com. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information/Sensitive Personal Information.
Even after you remove information from the Application, copies of that information may remain viewable elsewhere, to the extent it has been shared with others, or it was otherwise distributed pursuant to your privacy settings. Removed and deleted information may remain on backup media for up to one hundred and eighty (180) days prior to being deleted from our servers or for a period as required by law.
7. AMENDMENTS TO THE PRIVACY POLICY
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. The Terms and the Privacy Policy may be updated / modified from time to time, for any reason at the sole discretion of the Company. Such updates / modifications will become effective immediately upon its posting on the Application. The date on which the Terms and Privacy Policy were last amended/updated/modified will accordingly be mentioned on the Application and you will also be informed that such updates / modifications have been made by way of an email or notification upon logging in / signing in to the Application. It will be your responsibility to read the updated/modified Terms and Privacy Policy. You are bound by any changes to the Privacy Policy when you continue to use the Application after such changes have been first posted.
8. SECURITY OF PERSONAL INFORMATION
We take reasonable security measures and procedures, and as specified by applicable law, to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, or unauthorized access, disclosure or modification of Personal Information/Sensitive Personal Information. While we take these reasonable efforts to safeguard your Personal Information/Sensitive Personal Information, you acknowledge and agree that no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. We shall, however, not be liable to any user for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the user due to the unauthorized access or misuse of the Personal or Sensitive Information by any third party. You agree and undertake that you shall not hold the Company liable therefore in any way. The use and storage of any information, including without limitation, password, account information, transaction activity and any other information available on your internet access device or computer or mobile phone is at your own risk and responsibility. You furthermore acknowledge and accept that the Company may not encrypt all content or communications shared on the Application.
9. WITHDRAWAL OF CONSENT
If you have consented to the collection, use and/or disclosure of any Personal and Sensitive Information as identified in this Policy, you may withdraw the same at any time by communicating to us at the given below address under Clause 10.
10. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, in case of any grievances or complaints you can contact:
E-mail: grievance@clinally.com
In the event you wish to make a complaint regarding any violation of the provisions of the Privacy Policy, you may send a written complaint to the Grievance Officer, who shall redress the complaint within one (1) month.
11. GOVERNING LAW
This Policy shall be governed by and construed in accordance with the laws of the Republic of India. The courts at Delhi, India shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
This Privacy Policy was last updated on March 8, 2022.
Copyright © 2022 Cardiometcare Plus Health Solutions Private Limited. All Rights Reserved.