1. Who is Ask Techsoft Care Pvt Ltd?
Ask Techsoft Care Pvt Ltd (ATCPL) is a digital
health platform which, through its
website www.drsafehands.com and mobile applications facilitates the interaction between healthcare
providers including, but not restricted to, healthcare practitioners such as
doctors, diagnostic centres etc. ("Healthcare Providers") and
recipients ("Healthcare Recipients").
2. What is this Privacy Policy?
This privacy policy (the "Privacy Policy")
describes ATCPL's policies and procedures on the collection, use and disclosure
of the information provided by Healthcare Providers, Healthcare Recipients and
Visitors (as defined herein below) of the Website and the Mobile Application
(together referred to as "Users", as the context may require). ATCPL
shall not use the User's information in any manner except as provided under
this Privacy Policy. Every User who accesses or uses the Website or the Mobile
Application shall be bound by this Privacy Policy.
3. Why this Privacy Policy?
This privacy policy (the "Privacy
Policy") describes ATCPL's policies and procedures on the collection, use
and disclosure of the information provided by Healthcare Providers, Healthcare
Recipients and Visitors (as defined herein below) of the Websites and the
Mobile Applications (together referred to as "Users", as the context
may require). ATCPL shall not use the User's information in any manner except
as provided under this Privacy Policy. Every User who accesses or uses the
Websites or the Mobile Applications shall be bound by this Privacy Policy.
This Privacy Policy is published in compliance
of:
Section 43A of the Information Technology Act,
2000;
Regulation 4 of the Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal
Information) Rules, 2011 ("SPI Rules"); and
Regulation 3(1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011.
3.2. This Privacy Policy sets out the type of
information collected from the Users, including the nature of the sensitive
personal data or information, the purpose, means and modes of usage of such
information and how and to whom ATCPL shall disclose such information.
4. What is Sensitive Personal Data or
Information?
4.1. In accordance with the SPI Rules, any
sensitive personal data or information of a person means and includes such
personal information about that person relating to:
Passwords;
Financial information such as bank accounts,
credit and debit card details or other payment instrument details;
Physical, physiological and mental health
condition;
Sexual orientation;
Medical records and history;
Biometric information; and
Information received by body corporates under
lawful contract or otherwise.
It may be noted that any information that is
freely available in the public domain or accessible under the Right to
Information Act, 2005, or any other law will not be regarded as sensitive
personal data or information.
Users Note
A condition of each User's use of and access
to the Website, Mobile Applications and to other services provided by ATCPL to
Users (collectively referred to as the "Services"), is his/her/its
acceptance of the terms of use available at Terms of Use, which also involves
acceptance of the terms of this Privacy Policy. Any User who does not agree
with any provisions of the Terms of Use or this Privacy Policy is required to
leave the Website or the Mobile Applications, as the case may be.
5.2. While browsing the Website and/or the
Mobile Applications, a User is not required to provide personal information as
set out under paragraph 4.1("Personal Information") until and unless
such User chooses to avail or sign up for any of the Services in line with the
registration process set out under the Terms of Use. All the information
provided to ATCPL by a User, including Personal Information, is voluntary. The
User has the right to request the withdrawal of his/her/its consent at any
time, in accordance with the terms of this Privacy Policy and the Terms of Use.
It is the User's duty to ensure strict caution while giving out any personally
identifiable information about himself/herself/itself or his/her family members
in use of any of the Services. ATCPL does not endorse the content, messages or
information found in any Services and therefore, ATCPL specifically disclaims
any liability with regard to the Services and any actions resulting from the
User's participation in any Services. As a condition to use the Services, you
as a User agree to waive any claims against ATCPL relating to the same, and to
the extent such waiver may be ineffective, you agree to release any claims
against ATCPL relating to the same.
Users can access, modify, correct and
eliminate the data about him/her/it which has been collected pursuant to
his/her/its decision to become a User. If the User updates any of his/her/its
information, ATCPL reserves the right to retain a copy of the information which
the User had originally provided to ATCPL for documentation and record
purposes. Any grievances in relation to the information shared by the User with
ATCPL may be brought to the attention of ATCPL by dropping an email to ATCPL on
[.].
For the use of the Services, you may be
required to pay ATCPL with a credit card, wire-transfer, or debit card and ATCPL
may be required to collect certain financial information from you including,
but not restricted to, your credit or debit card number (collectively referred
to as "Financial Information"). ATCPL will collect such User's
Financial Information and will use that information only for billing and
payment processes. The verification of the Financial Information shall be
accomplished only by the User through a process of authentication in which ATCPL
shall have no role to play.
The Financial Information collected from the
Users is transacted through highly secure digital platforms of approved payment
gateways which are under encryption, thereby complying with state-of-the-art
technology standards. While ATCPL shall take every endeavor to ensure that the
User's Personal Information and the Financial Information is duly protected,
the User is strongly advised to exercise discretion while providing Personal Information
or Financial Information while using the Services given that the internet is
susceptible to security breaches.
Due to the communications standards on the
internet, when a User visits the Website, ATCPL automatically receives the
uniform resource locator of the site from which such User visits the Website
and details of the website such User is visiting on leaving the Website. ATCPL
also receives the internet protocol ("IP") address of each User's
computer resource (or the proxy server a User used to access the internet), the
User's computer operating system and type of web browser the User is using,
email patterns, as well as the name of the User's internet service provider.
This information is used solely to analyse overall User trends and to help ATCPL
in improving its Services. Please note that the link between the User's IP
address and the User's personally identifiable information is not shared with
third parties without such User's permission or except when required by law or
except when required to provide or facilitate the User with the Services.
Notwithstanding the above, the User acknowledges ATCPL's right to share some of
the aggregate findings and not the specific data with advertisers, sponsors,
investors, strategic partners, and others in order to help grow the business.
The Website and the Mobile Applications use
temporary cookies to store certain data. ATCPL does not store personally
identifiable information in the cookies. Information collected by ATCPL, by any
means whatsoever, that does not personally identify the User as an individual
(such as patterns of utilization described above) is exclusively owned by ATCPL
and may be used by ATCPL and third party service providers for technical
administration of the Websites, Mobile Applications, user administration,
research, development, business development, statistical analysis and business
intelligence purposes. Additionally, ATCPL may sell or otherwise transfer such
research, statistical or intelligence data in an aggregated or non-personally
identifiable form to third parties, associates and affiliates.
A User may set or amend his/her/its web
browsers to delete or disable cookies. If a User chooses to disable cookies on
his/her/its computer or mobile telecommunication device, it may impair, degrade
or restrict access to certain areas of the Websites or the Mobile Applications.
Merely closing the web browser should ordinarily clear all temporary cookies
installed by ATCPL. However, Users are encouraged to use the "clear
cookies" functionality of their browsers to ensure deletion, as ATCPL
cannot guarantee, predict or provide for the behavior of the equipment of all
the Users of the Website or the Mobile Applications, as the case may be.
ATCPL uses 3rd party vendor re-marketing
tracking cookies, including the Google Adwords tracking cookie. This means we
will continue to show ads to you across the internet, specifically on the
Google Content Network (GCN). As always we respect your privacy and are not
collecting any identifiable information through the use of Google’s or any
other 3rd party remarketing system.
The third-party vendors, including Google,
whose services we use – will place cookies on web browsers in order to serve
ads based on past visits to our website. – Third party vendors, including
Google, use cookies to serve ads based on a user’s prior visits to your
website. This allows us to make special offers and continue to market our
services to those who have shown interest in our service.
This Privacy Policy applies to the Websites,
Mobile Applications and Services that are owned and operated by ATCPL. ATCPL
does not exercise control over the websites displayed as search results or
links from within the Services. These other sites may place their own cookies
or other files on the Users' computer, collect data or solicit Personal
Information or Financial Information from the Users, for which ATCPL shall not
be held responsible or liable. ATCPL does not make any representations
concerning the privacy practices or policies of such third parties or terms of
use of such websites, nor does ATCPL guarantee the accuracy, integrity, or
quality of the information, data, text, software, sound, photographs, graphics,
videos, messages or other materials available on such websites. The inclusion
or exclusion does not imply any endorsement by ATCPL of such websites, the
websites' provider, or the information on the website.
When a User visits or uses the Website or the
Mobile Applications by or through a mobile device, ATCPL may access, collect,
monitor and/or remotely store data in relation to the User's location, which
may also include global positioning system coordinates or similar information
regarding the location of the mobile device. The location data does not collect
or share any personally identifiable information about the User.
ATCPL may keep records of telephone calls
received from and made to Users for the purpose of administration of Services,
research and development, training, business intelligence, business
development, or for User administration. ATCPL may share the telephone records
with third parties when required by law or when required to provide or
facilitate the User with the Services.
The Website and the Mobile Applications allow
Healthcare Providers and Healthcare Recipients to communicate with each other
or to post information to be accessed by the Healthcare Providers or the
Healthcare Recipients, whereupon the Healthcare Providers or the Healthcare
Recipients may collect such data. ATCPL hereby expressly disclaims any
liability for any misuse of such information that is made available by Users in
such a manner, neither does ATCPL warrant or guarantee any such data or communication.
ATCPL does not collect information about the
Users of the Websites and the Mobile Applications from other sources such as
public records or bodies, or private organisations, save and except for the
purposes of registration of the Users.
ATCPL may choose to conduct contests and
surveys to collect relevant information about the Users' preferences. These
surveys and contests are optional and if the User chooses to respond,
his/her/its responses will be kept anonymous. The demographic information that
the User provides in the registration process and through any surveys or
contests is used to help ATCPL improve its services to meet the needs and
preferences of Users.
5.16. ATCPL does not knowingly collect
personal data from children (only persons above the aged of 18 (eighteen) shall
be permitted to use the Services as provided in the Terms of Use). In an event,
where in contravention of the Terms of Use, a person below the age of 18
(eighteen) uses the Services, ATCPL shall not be held liable or responsible for
any damage or injury suffered by such person in logging into the Website or the
Mobile Application and making use of the Services.
ATCPL has implemented industry standard
security policies, rules and technical measures to protect the Financial
Information and Personal Information that it has under its control from
unauthorised access, improper use or disclosure, unauthorised modification and
unlawful destruction or accidental loss. It is expressly stated that ATCPL
shall not be responsible for any breach of security or for any action of any
third parties that receive Users' personal data or events that are beyond the
reasonable control of ATCPL including, acts of government, computer hacking,
unauthorised access to computer data and storage device, computer crashes,
breach of security and encryption, etc.
ATCPL shall not disclose any Personal
Information or Financial Information to governmental institutions or
authorities unless such disclosure is requisitioned under any law or judicial
decree or when ATCPL, in its sole discretion, deems it necessary in order to
protect its rights or the rights of others, to prevent harm to persons or
property, to fight fraud and credit risk, or to enforce or apply the Terms of
Use.
ATCPL may share/use Personal Information
provided by Users with its subsidiaries and third party service providers for
the purposes of:
enabling Users to enjoy the Services; or
Detecting and preventing identity theft, fraud
and other potentially illegal acts.
ATCPL may also disclose or transfer the
personal and other information provided by Users, to any third party as a part
of reorganization or a sale of the assets, division or transfer of a part or
whole of the company. Any third party to which ATCPL transfers or sells its
assets will have the right to continue to use the personal and other
information that Users provide to ATCPL.
All ATCPL employees and data processors, who
have access to, and are associated with the processing of Personal Information
or Financial Information provided by Users are obliged to respect the
confidentiality of every User's Personal Information or Sensitive Information.
The Users acknowledge that this Privacy Policy
forms a part of the Terms of Use and unconditionally agree that on becoming a
User of the Website, Mobile Applications and ATCPL's Services, the Users
signify their assent to this Privacy Policy. The User's visit to the Website,
use of the Mobile Applications and any dispute over privacy is subject to this
Privacy Policy and the Terms of Use. ATCPL may update this Privacy Policy at
any time, with or without advance notice. ATCPL shall not be required to notify
the Users of any changes made to this Privacy Policy.
All information collected from the Users by ATCPL
is maintained in electronic form on servers and/or cloud systems and shall be
accessible by certain employees of ATCPL. The User information may also be
converted to physical form from time to time. Regardless of the manner of
storage, ATCPL shall make every endeavor to ensure that the User information is
rendered confidential, and will disclose User information only in accordance
with the terms of this Privacy Policy.
Healthcare Providers Note
As part of the registration process that is
available to Healthcare Providers on the Website or Mobile Applications,
certain information including Personal Information or Financial Information may
be collected from the Healthcare Providers. The privacy statements set out
herein shall apply to all Healthcare Providers and all Healthcare Providers are
therefore required to read and understand the privacy statements set out herein
prior to submitting any Personal Information or Financial Information to ATCPL,
failing which they are required to leave the Website or the Mobile Applications
immediately.
The personally identifiably information
Healthcare Providers choose to provide on the Website is used to help the
Healthcare Providers describe and identify themselves. This information is
exclusively owned by ATCPL and ATCPL reserves the right to use such information
for commercial purposes and in an aggregated or non-personally identifiable
form for research, statistical analysis, development, business intelligence
purposes, business development, and may sell or otherwise transfer such
research, statistical or intelligence data in an aggregated or non-personally
identifiable form to third parties, associates and affiliates.
Visitors Note
7.1. No Personal Information or Financial
Information is automatically collected from any visitors of the Website or the
Mobile Applications who are merely perusing or browsing the Website or Mobile
Applications ("Visitor"). Nevertheless, certain provisions of this
Privacy Policy are applicable to Visitors, and Visitors are also required to
read and understand the privacy statements set out herein, failing which they
are required to leave the Website and/or the Mobile Applications immediately.
A User will not merely be a Visitor if the
User has willingly submitted any Personal Information or Financial Information
(including phone numbers, email addresses, responses to surveys, etc.) to ATCPL
through any means, including email, telephone calls, telephonic messaging or
through the registration process on the Website or the Mobile Applications. All
such Visitors will be deemed to be, and will be treated as, Users for the
purposes of this Privacy Policy, and in which case, all the statements in this
Privacy Policy shall apply to the User.
If you, as a Visitor, have inadvertently
browsed any other pages of the Website or the Mobile Applications prior to
reading the privacy statements set out herein, and you do not agree with the
manner in which such information is obtained, stored or used, merely quitting
this application on your browser should ordinarily clear all temporary cookies
installed by ATCPL. All Visitors, however, are encouraged to use the
"clear cookies" functionality on their browsers to ensure such
clearing or deletion, as ATCPL cannot guarantee, predict or provide for the
behavior of the equipment of all the Visitors of the Website or the Mobile
Applications.
Opt-Out Policy
The subsidiaries and third party service
providers with whom ATCPL may share Personal Information or Financial
Information provided by Users are not permitted to market their own services or
send promotional e-mails or engage in promotional communication with the Users.
ATCPL provides all Users with the opportunity to opt-out of receiving
non-essential, promotional, or marketing-related communication from itself or
its partners. These settings can be found on Website or Mobile Applications.
If a User wishes to remove his/her/its contact information from all ATCPL's lists and newsletters, the User can click on the "unsubscribe" link or follow the instructions in each e-mail message. Alternatively, the User can contact ATCPL at [?]. ATCPL reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.