PRIVACY POLICY (ai.mHealthy)

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 “ai.m Healthy” 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 is the owner of the Application.

The Privacy Policy read along with the Terms and Conditions comes into effect from the date and time a Registered User downloads, 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://www.clinally.com/termsandconditions-aimhealthy.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 the Terms, the following terms shall have the meaning set forth below:

  1. 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 the 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, Registered User 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 or Registered User, 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.

  1. Effective Date means the Date on which You accept these Terms and Privacy Policy by clicking ‘Register’, 'Log in' or 'I Accept' or enter into an agreement with the Company.

  1. Family Member(s)shall mean and include people related to the Registered User either by blood, marriage, and adoption or connected by such other common or close bonds and for whom the Registered User may use the Application so as to conduct a health assessment for said Family Member.

  1. Family Member Informationshall mean the Personal/Sensitive Personal Information or any other information pertaining to the Family Members entered into the Application by the Registered User, such as the Family Member’s first and last name, age, gender, medical history, drug history and personal history, test reports, medical examination reports, diagnosis, and any other information which may be provided by a Registered User through the Application when the Registered User wishes to conduct a health assessment for said Family Member and where such information is provided with the consent of the Family Member.

  1. Healthcare Provider shall mean any health care provider such asdoctors, nursing staff, clinics, nursing homes, medical practitioners, nutritionists, dieticians, and others who are either licensed/certified/skilled/trained to offer healthcare services and who have been, are being or will be consulted by the Registered User.

  1. 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 futureexist in the Application anywhere in the World.

  1. mPower Health App refers to the platform through which Healthcare Providers shall be able to input and store various information regarding the Registered Users who have sought or are seeking healthcare services from the Healthcare Provider, and which can be used to input and update the information within the Application if the Registered Users approves of the same.

  1. 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.

  1. Registered User shall mean any person who signs up and registers as a user on the Application for using the Services.

  1. Registered User Content shall include all content entered into and generated through the Application by the Registered User, including but not limited to all entries made in pursuance of using the features available on the Application as well as the Registered User Information and includes Family Member Information.

  1. Registered User Information shall mean the personal/sensitive personal information or any other information pertaining to the Registered User either entered directly by the Registered User or by the Healthcare Provider through the mPower Health App such as the Registered User’s first and last name, address, email address, mobile number, age, date of birth, gender, their medical history, drug history and personal history, test reports, medical examination reports, diagnosis, records of their physical activity, information regarding the Healthcare Provider consulted by the Registered User, which includes information such as the Health Provider’s name and details pertaining to their appointments scheduled with the Registered Users, and any other information which a Registered User may provide through using or which may be collected by the Application when the Registered User uses the Services.

  1. 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.

  1. Services means the services being offered to the Registered User through the Application by providing a platform through which Registered Users will be able to input, access and store various information regarding their health such as their medical history, drug history and personal history, log in their appointments with their Healthcare Provider, conduct health assessments for themselves and their Family Members, upload prescriptions and lab reports, maintain a log of their physical activities, access informative articles regarding relevant health conditions, and such other features and services as the Company may include from time to time.

  1. All other capitalized terms shall be defined in the context in which they are used in the Terms.

  1. INFORMATION WE COLLECT

    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 Registered User Information and Registered User Content as well when creating an account and using the Services on the Application. We may also collect information which would help determine your eligibility to avail the Services offered on the Application.

We will also have access to certain third-party Personal and Sensitive Personal information such as first and last name, age, gender, medical history, drug history and personal history, test reports, etc., which you may enter at the time of using some of the Services such as conducting a health assessment for a Family Memberthrough the Application. You will be solely liable and responsible for the third-party information you enter/upload in the Application, and the Company will not be liable for the same.

We shall also collect any other information that is required in order to provide a 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 atinfo@clinally.com. 

  1. 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.

    1. Use of Personal/Sensitive Personal Information:

We will use and store Personal/Sensitive Personal Informationto:

  1. enable you to use the Application and our Services;
  2. 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;
  3. market and promote the Service and for the internal operational and administrative purposes of the Service,
  4. improve and customize the Application content, layout and Service offerings;
  5. respond to your emails or letters, or any other correspondence about your activities or postings on the Application;
  6. provide you with a smooth, efficient, safe and customized experience while using the Application;
  7. enable us to comply with country laws and regulations;
  8. 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 Registered User Information, Family Member Information, Registered User Content or any other highly sensitive information through the use of the Application and/or communicated through other means provided by the Company, may be collected by the Company to maintain records in a file specific to you.

    1. 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 the usage of the Service and to generally improve the Service.Collecting this information enables us to better diagnose problems with our server and administer the Application. This information aids us in merchandising and in developing the design and layout of the Application.

  1. 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 with whom we would share your Information from time-to-time:

    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:

  1. Affiliates: If you use the Service through the Application, we may disclose your Personal Information or 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 or Sensitive Personal Information for the following purposes:
  1. Performing services as stipulated under this Privacy Policy,
  2. administering promotions, analyzing data and usage of the Service through the Application,
  3. processing payments and account actions, operating the Service, providing support and maintenance services for the same, providing customer service, offering advice.
  4. They may use the Personal Information or Sensitive Personal Information to , develop, and improve the features and functionality of the Service,
  5. communicate with you as described elsewhere in this Privacy Policy.

  1. When we have your consent to share the information for a specific purpose approved by you.

  1. 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.

    1. 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.

    1. Network Operators: Use of the Service provided through the Application may involve the 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.

  1. 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.

  1. 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.

  1. AMENDMENTS TO THE PRIVACY POLICY

We may amend this Privacy Policy from time to time. The 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 be applicable to you the moment they are posted 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.

  1. 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 the 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.

  1. 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.

  1. GRIEVANCE OFFICER

In the event you wish to make a complaint regarding any violation of the provisions of the Privacy Policy, you may send a complaint with a thorough description via email or a written complaint to the Grievance Officer, who shall acknowledge the complaint within 48 hours and redress the complaint within one month of receiving it.

In accordance with Information Technology Act 2000 and rules made there under, in case of any grievances or complaints, you can contact:

Name: Dr. Aruna S Venu

E-mail: grievance@clinally.com

Name of the Company: CARDIOMETCARE PLUS HEALTH SOLUTIONS PRIVATE LIMITED

Address: Second Floor, G47/1-2, GALI NO 3, ARJUN NAGAR, SAFDARJUNG ENCLAVE, NEW DELHI, INDIA - 110029

  1. 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 July 18, 2022.

Copyright © 2022 Cardiometcare Plus Health Solutions Private Limited. All Rights Reserved.