Privacy Policy-Reach My Doctor

Introduction

This Privacy Policy ("Privacy Policy") describes what information Ayusmart Technologies LLP ("Ayusmart" or the "Company"), as the operator of the Platform and Ayusmart Technologies LLP, as owner of the Platform, (operator and owner of the Platform shall collectively be hereinafter referred to as "we"/ "us") may collect from a user (" you", "your" or "User"), on or through our website www.reachmydoctor.in. ("Site"),or one or more mobile application (the " App" , Mobile Applications Reach My Doctor Smart , Reach My Doctor), or in relation to services otherwise rendered by us (collectively "Platform"), including our facilitation through the Platform, of digital consultation, provisioning of Telemedicine Services, and other ancillary services including provisioning and installing of hardware or devices for implementation of the Platform, as may be provided by us through the App or the Site, and scheduling a physical consultation with the Registered Medical Practitioner ( each a " Service", and collectively the "Services ") and how we use, process, disclose and try to protect such information. This Privacy Policy is only applicable to the Platform, and not to any other websites that you may be able to access from the Platform, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy. By using the Services or by otherwise giving us your information, you will be deemed to have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy, and the Terms of Use (the "Terms") and the collection, storage and processing of your information in accordance with them.

You agree and understand that the Company is responsible for operation and maintenance of the Platform and all information collected and processed on the Platform is collected and processed by us strictly in relation to our business.

You hereby consent to our collection, use and sharing, disclosure of your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. if you do not agree with this Privacy Policy at any time, do not use any of the Services or give us any of your information. If you use the Services on behalf of someone else (such as your child) or an entity (such as your employer), you represent that you are authorised by such individual or entity to (i) accept this Privacy Policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this Privacy Policy.

  1. WHY THIS PRIVACY POLICY?
  2. This Privacy Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms. This Privacy Policy is published in compliance with, inter alia:

    (a)This Privacy Policy states the following:

    (i)The type of information collected from the Users, including personal information (as stated in paragraph 2 below) and Sensitive Personal Data or Information (as listed in paragraph 2 below) relating to an individual;

    (ii)The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and

    (iii)Period of retention of such information collected;

    (iv)Intended recipients of such information collected from the User.

    (b)By accessing or using the Platform or the Service, or by otherwise giving us your information, you confirm that you have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understood and agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy;

    (c)You hereby consent to our collection, use, sharing, and disclosure of your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time, and any continued use of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes, modifications made to the terms hereof

    (d)If you are accessing or using Services on the App or the Site from an overseas location, you do so at your own risk, and shall be solely liable for compliance with any applicable local laws; and

    (e)If you do not agree with the terms and conditions of this Privacy Policy, please do not proceed further to use this Site or the App or any Services. This Privacy Policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically.

  3. COLLECTION OF PERSONAL INFORMATION
  4. (a)The Services provided through the Platform require us to know who you are so that we can best meet your needs. When you access the Platform or avail the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by Ayusmart. Without prejudice to the generality of the above, personal information collected by us from you may include (but is not limited to) the following

    (i)Your name;

    (ii)contact data (such as your email address and phone number);

    (iii)demographic data (such as your gender, your date of birth and your pin code);

    (iv)data regarding your usage of the services and history of the appointments made by or with you through the use of Services;

    (v)insurance data (such as your insurance carrier and insurance plan);

    (vi)other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters addressed to us).

    (b)We may also collect sensitive personal data or information (" SPDI") about you when you use our Service(s) on the Platform or undertake physical consultation of the Patient or from the Registered Medical Practitioner associated with our Platform. This information includes, without limitations, health information we receive from you or, on your behalf, such as information or records relating to your medical or health history, health status and laboratory testing results, details of treatment plans and medication prescribed by a Registered Medical Practitioner, dosage details such as frequency of dosage, alternative medication, diagnostic results, Patients health ids, other health-related information and any other information inferred therefrom. We may also collect payment information such as your payment card number, expiration date, billing and shipping address. By using the Service, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes. We may also store and process prescriptions, treatment notes, recommendations and other data generated by Registered Medical Practitioners on or through the Platform, data shared by third-parties such as diagnostics related information; prescription related information etc. and may retain such material for our records for the duration of you availing the Services or for any such period required or permitted under applicable law.

    (c)Ayusmart will be free to use, collect and disclose any personal information that is freely available in the public domain without your consent.

    (d) All health and medical records are either voluntarily provided by the User including the Registered Medical Practitioner, to us or created either on the Site or on the App and collected upon your consent provided in accordance with the Privacy Policy and the Terms. It is the sole responsibility of the individual clinics, medical centers, or hospitals to make Users aware that the said establishment has a business arrangement with us. We will not be held liable for the failure of such communication from a clinic or a Registered Medical Practitioner. If you do not want to create your record please inform the clinic or Registered Medical Practitioner expressly. In the case that you may wish to remove such a record you may contact us on info@ayusmart.com. As a Registered Medical Practitioner, you acknowledge that upon such a request placed by you for removal of a record, we will block your User account but will not be able to delete your information. However, do note that your data may still be held after removing personal identifiers mentioned above to facilitate continued services or analysis as stated in this Privacy Policy.

    (e)We might receive information such as referral information, information received from laboratories about you from other sources including from our partners, advertisers or third parties registered on the Platform and add it to our account information.

    (f)We automatically track and collect the following categories of information when you visit our Platform: (a) IP addresses; (b) domain servers; (c) types of devices accessing the Platform; (d) types of web browsers used to access the Platform; (e) referring source which may have sent you to the Platform; and (f) other information associated with the interaction of your browser and the Platform (collectively " Traffic Data").

    (g)The IT Act and the SPI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

    (h)You agree and acknowledge that you are providing all information, including SPDI to us voluntarily. Collection, usage and disclosure of personal information and SPDI requires your express consent.

    (i)You are providing us with your consent to our use, collection, storage and disclosure of the personal information and SPDI. You may choose to not provide us with personal information and SPDI, but in the event that you do so, we will be unable to provide you access to our App or the Site or provide Services through our Platform.

  5. PRIVACY STATEMENTS
  6. 3.1 You agree and acknowledge that all the information including personal information or any SPDI, provided to Ayusmart by a User including a Registered Medical Practitioner, is voluntary.

    3.2 You understand that Ayusmart may use certain information of yours, which has been designated as personal information or SPDI under the SPI Rules, for the purposes ("Purposes") as listed out in this Privacy Policy, including

    (a)for the purpose of providing you the Services,
    (b)for enabling us to make appointments with doctors on your behalf through the Platform;
    (c)for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes,
    (d)for operating and improving the Platform in order to foster a positive user experience and to improve our business as a whole;
    (e)for enabling you to initiate and consultation with Registered Medical Practitioners or facilitating a diagnostic test;
    (f)for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates,
    (g)for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Registered Medical Practitioners and their practice;
    (h)debugging customer support related issues;
    (i)for responding to your requests, improving our Platform or communicating with you;
    (j)for non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
    (k)for complying with applicable law;
    (l)for conducting audits and quality assessment procedures;
    (m)for analyzing the use of our resources, troubleshooting problems and improving our Services, by using the information regarding your mobile device and software.
    (n)for investigating, preventing, or taking action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as otherwise required by law;
    (o)for responding to any queries that you may have, and to communicate information to you, including notifications of any promotions or alerts, any changes/updates to the Platform, or the introduction of any future fees or charges that we may collect at the time for provisioning of our Services to you.

    3.3 Ayusmart also reserves the right to use information provided by or about the User for the following purposes:

    (a)Publishing such information on the Platform;
    (b)Contacting Users for offering new products or services;
    (c)Contacting Users for taking product and Service feedback, both during and after a consultation, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
    (d)Analyzing software usage patterns for improving product design and utility; and
    (e)Analyzing and sharing anonymized practice information for commercial use.

    3.4 We may contact you, by way of SMS, email and phone calls, from time to time to record your valuable feedback on our Services, as they currently stand, and/or any potential Services that may be offered in the future. However, Ayusmart shall not contact you on your telephone number(s) for any purpose including those mentioned in this sub-section, if such telephone number is registered with the Do Not Call registry (" DNC Registry") without your express, clear and unambiguous written consent

    3.5 Cookies

    (a)The Platform uses temporary cookies to store certain (that is not SPDI) that is used by Ayusmart and its service providers for the technical administration of the Platform, research and development, and for User administration.
    (b)We may use "cookies" information and "automatically collected" information we collect on the Service to (i) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) track your entries, submissions, and status in any promotions or other activities on the Service.
    (c)In the course of serving advertisements or optimizing services to its Users, Ayusmart may allow authorized third parties to place or recognize a unique cookie on the User’s browser. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Platform, but the Site or App may be limited in the use of some of the features.
    (d)Analyzing software usage patterns for improving product design and utility; and
    (e)Analyzing and sharing anonymized practice information for commercial use.

    3.6 Third party tools and software: We use third party SDKs in our App. Majority of them are different payment options, by which you can make a payment for an order, for tracking of application performance, notifications on the App, analytics’ purposes etc. In order to enhance your personal and overall experience some of the tools are used therein.

    3.7 Automatic Information: We may receive and store certain types of information whenever you interact with us. For example, we obtain certain types of information when your web browser accesses the Site or advertisements and other content served by or on behalf of Ayusmart.in on other web sites. Typically, we collect OS type and version, App version, Device brand, browser and its version details, User agent. We may also receive/store information about your location and your mobile device, including a unique identifier for your device. We may use this information for internal analysis and to provide you with location-based services, such as advertising, search results, and other personalized content.

    3.8 We may access or store your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of Ayusmart or others.

    3.9 We may use information regarding your location or the location of your device through which you access the Service for a number of purposes, including without limitation to confirm you are located in a jurisdiction in which the Service is offered and to identify an appropriate Registered Medical Practitioner.

    3.10 We may collect, o 3.11 Ayusmart does not control or endorse the content, messages or information found in any Services and, therefore, Ayusmart specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Ayusmart relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Ayusmart relating to the same.analyze, use, publish, create and sell de-identified information, of which your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes.

    3.11 Ayusmart does not control or endorse the content, messages or information found in any Services and, therefore, Ayusmart specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Ayusmart relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Ayusmart relating to the same.

    3.12 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, modify inaccuracies, or amend information by making the change on our member information page or by contacting us through info@ayusmart.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably possible. You also agree that there may be circumstances where Ayusmart will not correct, or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.

    3.13 If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through info@ayusmart.com. Please note that your withdrawal of consent, or cancellation of account may result in Ayusmart being unable to provide you with its Services or to terminate any existing relationship Ayusmart may have with you.

    3.14 If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at info@ayusmart.com.

    3.15 Due to the communications standards on the internet, when a User or anyone who visits the Site, Ayusmart automatically receives the URL of the site from which anyone visits. Ayusmart also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Ayusmart improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, Ayusmart may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.

    3.16 A User may have limited access to the Platform without creating an account on the Platform. Unregistered Users can make appointments with the doctors by providing their name and phone number to customize the Site to deliver personalized information to the User.

    3.17 Ayusmart maintains a strict "No-Spam" policy, which means that Ayusmart does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.

    3.18 As part of the registration as well as the application creation and submission process that is available to Registered Medical Practitioners on Ayusmart, certain information, including personal information or SPDI is collected from the Registered Medical Practitioners.

    3.19 Ayusmart automatically enables the listing of Registered Medical Practitioners’ information on its Platform for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Registered Medical Practitioner information listed on Platform is displayed when Users search for doctors on Platform, and the Registered Medical Practitioners’ information listed on Platform is used by Users to request for doctor appointments. You acknowledge that any personally identifiable information of the Registered Medical Practitioners listed on the Platform is not generated by Ayusmart and is provided to us by Practitioners who wish to enlist themselves on the Platform, or is collected by Ayusmart from the public domain.

    3.20 Ayusmart displays such information on its Platform on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Registered Medical Practitioners to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. Ayusmart will, however, take reasonable steps to ensure the accuracy and completeness of this information.

    3.21 Ayusmart may also display information for Registered Medical Practitioners who have not signed up or registered for the Services, provided that the Registered Medical Practitioners have consented to Ayusmart collecting, processing and/or disclosing their information on the Platform. Such practitioners are Registered Medical Practitioners by Ayusmart or its associates, and Ayusmart makes every effort to capture accurate information about such Registered Medical Practitioners. However, Ayusmart does not undertake any liability for any incorrect or incomplete information appearing on the Platform for such Registered Medical Practitioners.

    3.22 Ayusmart may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Registered Medical Practitioners.

    3.23 CASUAL VISITORS NOTE

    3.23.1 Ayusmart does not automatically collect any sensitive personal data or information from any casual visitors, who are merely perusing the Platform.
    3.23.2 Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Platform immediately.
    3.23.3 If you, as a casual visitor, have inadvertently browsed any other page of this Platform prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Ayusmart. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers to ensure such clearing / deletion, as Ayusmart cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Platform.
    3.23.4 You are not a casual visitor if you have willingly submitted any personal data or information to Ayusmart through any means, including email, post or through the registration process on the Platform. 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 apply to such persons.

  7. CONFIDENTIALITY AND SECURITY PRACTICES
  8. (a) Notwithstanding the above, Ayusmart is not responsible for the confidentiality, security or distribution of your personal information by doctors, our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Ayusmart shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Ayusmart including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

    (b) Ayusmart has implemented best market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Ayusmart shall not be held liable for any loss whatsoever incurred by the User.

    (c) Ayusmart implements reasonable security practices and procedures including the International Standard on "Information Technology Security Techniques Information Security Management System-Requirements and has a comprehensive documented information security program and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Ayusmart’s business.

    (d) Further, all Ayusmart employees and data processors, who have access to, and are associated with the processing of SPDI, are obliged to respect the confidentiality of such information. Ayusmart has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which Ayusmart transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.

    (e) No employee or administrator will have knowledge of your password of your account on the Site or the App. It is important for you to protect against unauthorized access to your password and your mobile phone, as detailed in the ‘User Account, Password and Security’ section of the Terms. You must be sure to log off from the Site or the App when you have finished use thereof. We do not undertake any liability for any unauthorized use of your account and password.

    (f) If you suspect any unauthorized use of your account, you must immediately notify us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify us due to any loss suffered by us due to such unauthorized use of your account or password.

    (g) Under certain circumstances, we shall not be able to take your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.

    (h) Further, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User, etc.

  9. INTERACTIVE AND INSTALLED TOOLS
  10. We also collect other information, some of which may be personal information that you voluntarily provide to us when you choose to use some of the our interactive tools and services (" Interactive Tools"), such as searching for providers and searching for available appointments with them. We also collect information you provide voluntarily in free-form text boxes on the Site and through responses to surveys, questionnaires and other similar forms of polls. Some of the free Interactive Tools on our Site ask you for health-related Personal Information. You may elect to use certain Services available through the Site that require you to download and install software on your computer ("Installed Tools"). The Installed Tools may collect and transmit information from your computer system solely relating to use of the Installed Tools and for the purpose of providing you the relevant Services, for example, by informing Ayusmart when a user is logged on and available to receive update or alert notices.

  11. WEBSITE ANALYTICS
  12. We may use third party website analytics services in connection with the Platform. These website analytics services do not collect Personal Information that you do not voluntarily enter into the Platform. These services do not track your browsing habits across websites which do not use their services. We are using the information collected from these services to find usability problems to make the Platform easier to use. The recordings will never identify you or your account.

  13. RETENTION AND STORAGE OF INFORMATION
  14. (a) Even after you cease your consultations with the Registered Medical Practitioner through the Platform or cease usage of Services, you agree and acknowledge that we may store your personal information for any purposes as have been specified in this Privacy Policy or as may be permitted by applicable law, post which we may choose to anonymize and continue retention of such information.

    (b) We may however retain and store all Traffic Data and review postings indefinitely, even after "deletion," and may archive such information elsewhere.

    (c) You agree and acknowledge that we may, also, reserve the right to retain and store your personal information for our business purposes, whether such personal information has been deleted or not.

    (d) If you wish to withdraw your consent for processing your personal information and SPDI, cancel your account, or request that we no longer use your personal information and SPDI to deliver our products or provide you services, please contact us at details indicated in the contact section. Please note, however, that your withdrawal of consent or cancellation of account may result in us not being able to deliver you products or provide you with our services, or terminate any existing relationship that we may have with you.

    (e) Please note that uninstalling our App will not result in deletion of your personal information or SPDI.

  15. SHARING OF INFORMATION
  16. 8.1 Ayusmart takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your personal information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when Ayusmart, 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.

    8.2 Information about you and the other Users of the Platform forms an integral part of our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. You may choose to authorize Ayusmart to share your personal information with selected providers. For example, if you elect to complete a Medical History Form using the Services in advance of an appointment, we may share your Medical History Form with your providers if you agree that we may do so.

    8.3 By using the Site or the App, you accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties. Ayusmart have arrangements with third parties (including as mentioned below) such as affiliates or group companies, service providers, retailers, pharmacies, Registered Medical Practitioners, payment gateways, logistics partners who are the intended recipients and may have access to the personal information and SPDI but shall not disclose such information including SPDI further to any other individual / entity. Some of the third parties include:

    (a) Registered Medical Practitioners: We may share your contact data, demographic data, insurance data and medical data with providers including Registered Medical Practitioners you choose to schedule on the Site.
    (b) Third Party Service Providers: In order to customize your advertising interactions, we may share personal information with advertisers and other third parties including for the purposes of sending postal mail, newsletters and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, consultation with Registered Medical Practitioners, providing search results and links (including paid listings and links), processing card payments and providing customer service, only on an aggregate (i.e., non-personally-identifiable) basis. We may share your de-identified personal information with third parties to enable them to run statistical research on individual or aggregate health or medical trends. We share personal information and Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfilment, or data storage and security) related to our operation of the Site and/or by making certain Interactive Tools available to our users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your contact data and other personal Information to carry out their specific business obligations to Ayusmart and to provide your requested medical care and services. However, it is clarified that Ayusmart shall not be responsible and liable for the acts of omissions and commissions of such third-parties associated with the Ayusmart. Ayusmart may facilitate resolving any issue you may face with such third-parties.
    (c)Legal obligations of Ayusmart: We may release account and other personal information when we believe in good faith that such release is appropriate to comply with applicable law including to: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or national security; or (iv) protect personal safety of our users or the public. Ayusmart may also disclose your personal information to enforce or apply our Terms and other agreements; or protect the rights, property or safety of us, our users or others. This includes exchanging information with other companies, organizations, government or regulatory authorities for fraud protection and credit risk reduction;
    (d) Disclosure pursuant to re-organization of business or intra-group transfer - Ayusmart may also disclose or transfer Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of a Ayusmart corporation division or company. Any third party to which Ayusmart transfers or sells its assets to, will have the right to continue to use the personal and other information that Users provide to us, in accordance with the Terms and this Privacy Policy.
    (e) Improving business- You acknowledge that we have a right to use a recorded copy of your tele-consultation and e-prescription generated after having a walk-in consultation or tele-consultation with your Registered Medical Practitioner, for improving our Services and aiding you in procuring targeted consultation for any underlying medical condition. We may transfer such personal information and SPDI to a third party, including persons outside India, to improve product and Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered by us. Ayusmart may disclose information to our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how users use our Site or App and enable us to create a better overall experience for you.
    (f) Ayusmart does not share, sell, rent or trade your personal information with any third parties for their promotional purposes.
    (g) Transfer to third parties and outside India
    (i) (i) Subject to applicable law, we may at our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the IT Act) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India or any other country.
    (ii) By using the Site and the App, you accept the terms hereof and hereby consent to us sharing and/or processing your personal information and SPDI with third parties and in any of location outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords same level of data protection as would be afforded under Indian law.

  17. LINKS TO OTHER WEBSITES
  18. (a) This Privacy Policy applies to Services that are owned and operated by Ayusmart. Ayusmart does not exercise control over the sites displayed as search results or third-party links (collectively " Third-Party Links") from within its Services. These Third-Party Links may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which Ayusmart is not responsible or liable. Accordingly, Ayusmart does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such Third-Party Links, nor does Ayusmart guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such Third-Party Links.

    (b) You further acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the collection and/or disclosure of your information via Third Party Links, as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between you and any such third party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between you and the aforementioned third parties. The inclusion or exclusion does not imply any endorsement by Ayusmart of the website, the website's provider, or the information on the website. If you decide to visit a third party website linked to the Third-Party Link, you do this entirely at your own risk. Ayusmart encourages the User to read the privacy policies of such Third-Party Links.

    (c) Some web sites may have the look and feel of our Site. Please be aware that you may be on a different site and that this Privacy Policy only covers our Platform. Should you decide to visit one of these third party websites, we suggest that you read its privacy policy.

  19. CHANGES TO PRIVACY POLICY
  20. In the event there are significant changes in the way Ayusmart treats User’s personally identifiable information, or in the Privacy Policy itself, Ayusmart will display a notice on the Platform or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact info@ayusmart.com to deactivate your account. Unless stated otherwise, Ayusmart’s current Privacy Policy applies to all information that Ayusmart has about you and your account. If a User uses the Services or accesses the Platform after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.

  21. CHILDREN'S AND MINOR'S PRIVACY
  22. Use of the Site or the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under 18 years of age, then please do not use or access the Service(s) at any time or in any manner. If we learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then we will take the appropriate steps to delete this information. Ayusmart strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Platform and Services are not intended for use by minors, Ayusmart respects the privacy of minors who may inadvertently use the internet or the mobile application.

  23. ADDRESS FOR PRIVACY QUESTIONS
  24. 12.1 Should you have questions about this Privacy Policy or Ayusmart's information collection, use and disclosure practices, you may contact, the Data Protection Officer appointed by Ayusmart in accordance with the provisions of SPI Rules.

    12.2 We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Grievance Officer:

    Phone : +91 95389 25642
    Email : info@ayusmart.com

  25. CHANGES TO YOUR INFORMATION
  26. (a) You may review, correct, update, change or modify your information by logging into your account. However, you are not permitted to can delete any part of the personal information or any other information generated on the Platform or request us to delete the same, and we will comply with such requests within a reasonable time, unless we are required to keep certain information for legal purposes. You may update your SPDI information at any point by writing to us at the details indicated below in the contact section.

    (b) Should you choose to delete your personal information or SPDI or modify it in a way that is not verifiable by us, or leads to such information being incorrect, we will be unable to provide you with access to our Site, App or the Services, as described under the Terms, and such a deletion or modification may be regarded as the user seeking to discontinue his or her access to our Site, App or the Services.

    (c) We reserve the right to verify and authenticate your identity and your personal information in order to ensure accurate delivery of products and services. Access to or correction, updating or modification of your personal information or SPDI may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.

    (d) Further, any change in the information required for prescription related information, can be done by the Registered Medical Practitioner within 2(two) days from the date of prescribing such prescription. As a Patient you may also request your Registered Medical Practitioner to make changes to any prescription related information. You agree and acknowledge that we will not be able to make such changes to your prescription related information prescribed by the Registered Medical Practitioner, upon a request placed by you with us.

  27. MISCELLANEOUS
  28. (a) Disclaimer: We cannot ensure that all of your personal information and SPDI will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your information or private communications will always remain private. As a User of the Site or the App, you understand and agree that you assume all responsibility and risk for your use of the Site or the App, the internet generally, and the information you post or access and for your conduct on and off the Site or the App. The Company, in no event, shall be responsible and/or liable for the acts/ omissions of the Registered Medical Practitioner. The Registered Medical Practitioner shall always be responsible for compliance with applicable law.

    (b) Indemnity: You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our Site or App or otherwise and your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to your personal information or SPDI which you may have disclosed to such third parties.

    (c) Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.

    Last Updated: 04-July-2021