Privacy Policy - Tatvacare Website

The website https://www.tatvacare.in/ or https://www.mytatva.in/ (“Website”) and mobile application TatvaCare or MyTatva available for download at the Google Play Store, the Apple App Store and the Windows App Store (hereinafter referred to as “Mobile Application”) are operated by Digicare Health Solutions Private Limited (here after referred as “TatvaCare or MyTatva”), a company incorporated under the Company’s Act 2013 and having its registered office address at 8th Floor, N.G. Tower, Iscon Cross Roads, Satellite, Ahmedabad, Gujarat.

We are committed to ensuring that your personal information shared over/ to our Website and/ or the Mobile Application or while using our Services is protected and kept confidential. By visiting our Website, and/ or downloading our Mobile Application and installing it on your mobile phone, or by using our Services (as defined below) in any manner, you agree to be bound by the following privacy policy. We developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Website and/ or the Mobile Application or the Services. This Privacy Policy along with the Terms of Use Available on the Website and the Mobile Application constitute a binding legal agreement (“Agreement”) between you and TatvaCare or MyTatva.

Please read this Privacy Policy carefully before accessing or using our Website and/ or the Mobile Application, or the Services. By accessing or using any part of the Website and/ or the Mobile Application, you agree to be bound by this Privacy Policy. YOU ACKNOWLEDGE THAT THIS PRIVACY POLICY IS A PART OF THE TERMS OF USE OF THE WEBSITE AND/ OR THE MOBILE APPLICATION OR SERVICES AND YOU ACKNOWLEDGE THAT YOU ARE PROVIDING YOUR PERSONAL INFORMATION AND SENSITIVE PERSONAL DATA OR INFORMATION (AS DESCRIBED BELOW) OUT OF YOUR FREE WILL.

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 legally competent or 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. If you do not agree to this Privacy Policy, then you should not access the Website and/ or the Mobile Application or use any Services. You assume full responsibility and take all risks arising from use of the Website and/ or the Mobile Application.

Should we make any changes to this Privacy Policy, we will post these changes on our Website and Mobile Application, so Users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We recommend that you read this Privacy Policy each time you use our Website and/ or the Mobile Application in case you missed our notice of changes to this Privacy Policy. Your continued use of the Website and/ or the Mobile Application, or the Services following the posting of changes to these terms will mean you accept those changes.

The Agreement applies to you whether you are –

A doctor or health care provider (whether an individual professional or an organization or hospital) or similar institution wishing to be registered, or already registered, on the Website and/ or Mobile Application, including designated, authorised associates of such practitioners or institutions(“Medical Practitioner (s)”, “you” or “User (s)”, as the context permits); or
A patient, his/her representatives or legal heirs, searching for Medical Practitioners and registered through the Website and/ or Mobile Application (“End User”, “you” or “User (s)”, as the context permits); or
Otherwise a user of the Website and/ or Mobile Application (“you” or “User (s)”, as the context permits).

Throughout the Website and/ or the Mobile Application, the terms ‘we‘, ‘us‘ and ‘our‘ refer to TatvaCare or MyTatva who offers this Website and/ or the Mobile Application for the Services, including all information, tools and services available on this Website and/ or the Mobile Application to you, the User, conditioned upon your acceptance of this Privacy Policy stated therein.

Introduction: This Privacy Policy applies to Medical Practitioner (s) and/ or End Users or Users to whom the services are made available by TatvaCare or MyTatva on the Website and/ or Mobile Application , including the following (“Services”):
1. For Medical Practitioners: Listing of Medical Practitioner and their profiles and contact details, to be made available to the other User and visitors to the Website and/ or Mobile Application;
2. For other Users: Facility to (i) Search for Medical Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by TatvaCare or MyTatva, (ii) to make appointments for consultation and follow-up with Medical Practitioners, (iii) to engage with the Medical Practitioners through video, telephone, and online-chat/message for telemedicine consultations and share their data.

THE WEBSITE AND/ OR THE MOBILE APPLICATION WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THE WEBSITE AND/ OR THE MOBILE APPLICATION, YOU AGREE THAT WE CAN COLLECT, USE AND SHARE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE AND/ OR THE MOBILE APPLICATION. COLLECTION, USE AND DISCLOSURE OF INFORMATION WHICH HAS BEEN DESIGNATED AS PERSONAL INFORMATION OR SENSITIVE PERSONAL DATA OR INFORMATION’ UNDER THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011, REQUIRES YOUR EXPRESS CONSENT. BY AFFIRMING YOUR ASSENT TO THIS PRIVACY POLICY, YOU PROVIDE YOUR CONSENT TO SUCH USE, COLLECTION AND DISCLOSURE AS REQUIRED UNDER ANY APPLICABLE LAW.

Important Definitions: When we use the term “Personal Information” in this Privacy Policy, we mean information:
1. about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number); and
2. your health and medical information such as medical records and medical history, information about physical, physiological and mental health condition (“Health Information”); and
3. any other non-public information that is associated with such information (collectively, “Personal Information”).

When we use the term “De-Identified Information”, we mean information that cannot be used to personally identify an individual (such as aggregated health statistics).

Lastly, when we use the term “Cookies”, we mean the small pieces of information that the Website and/ or the Mobile Application sends to your browser or device while you are viewing the Website and/or the Mobile Application.

The Personal information we collect or maintain may include:
1. Your name, age, email address, user name, password, and other information required for registering on the Mobile Application or Website for availing the Services.
2. Health Information that you provide us and/ or Medical Practitioner, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
3. Health information about you prepared by the Medical Practitioner(s) who provide the services through our Website and/ or the Mobile Application, such as medical records, history, treatment and examination notes, and other health related information.
4. Billing information that you provide to us , such as credit card/ debit card/ net banking/ other payment information.
5. Information about the computer or mobile device you are using, such as what internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Website and/ or the Mobile Application.
6. Other information you input into the Website and/ or the Mobile Application or related services.
7. Website and/ or the Mobile Application usage details or transaction data.
Information Collected via Technology: As you use our Website and/ or the Mobile Application or the Service, certain information may be automatically and passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:
1. Website and/ or the Mobile Application Activity Information: We may keep track of some of the actions you take on our Website and/ or the Mobile Application, such as the content of searches you perform on the Website and/ or the Mobile Application.
2. Access Device and Browser Information. When you access our Website and/ or the Mobile Application from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, “Anonymous Information”).
3. Cookies. Our cookies may collect information about how visitors use the Website and the Mobile Application and allow the Website and the Mobile Application to remember choices made by a User such as language, content categories accessed and language. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make our Website and/ or the Mobile Application and Service easier to use, to make our advertising personalised, deliver targeted messages/ alerts, and to protect both you and TatvaCare or MyTatva. You can change your browser settings (if such an option is available), to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to our Website and/ or the Mobile Application. We presently do not honor “Do Not Track” requests across all part of our Website and/ or the Mobile Application.
4. Real-Time Location. Certain features of the Website and/ or the Mobile Application use GPS technology to collect real-time information about the location of your device so that the Website and/ or the Mobile Application can assist in connecting you to a Medical Practitioner who is registered on the Website or Mobile Application to provide services under this Agreement.
5. Mobile Services. We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our Mobile Application crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
6. Google Analytics. We may use Google Analytics to help analyze how users use the Website and/ or the Mobile Application. Google Analytics uses Cookies to collect information such as how often Users visit the Website and/ or the Mobile Application, what pages they visit, and what other sites they used prior to coming to the Website and/ or the Mobile Application. We use the information we get from Google Analytics only to improve our Website and/ or the Mobile Application and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Website and/ or the Mobile Application, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser or device to identify you as a unique user the next time you visit the Website and/ or the Mobile Application, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website and/ or the Mobile Application is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
1. To provide you with the Services effectively.
2. To improve the quality of Services through the performance of quality reviews and similar activities.
3. To create De-Identified Information such as aggregate statistics relating to the use of the Service.
4. To notify you when Website and/ or the Mobile Application updates are available.
5. To market and promote the Website and/ or the Mobile Application and the Services to you; if you so opt.
6. To debug customer support related issues.
7. To transfer information about you, if we are acquired by or merged with another company.
8. To fulfill any other purpose for which you provide us Personal Information.
9. For developing new functionality and features.
10. Responding to questions and communications, or obtaining your feedback about our Services.
11. Administering and logging your participation in educational and informational programs, including webinars and other classes, and any product or support matters that may arise from such programs.
12. Preparing and delivering announcements about features, functionality, terms of use, or other aspects of our Services or your interests and informing you about offers for services or products we believe may be of interest to you, including from third party sponsors.
13. To perform studies, clinical or other research and analysis for our understanding, information, analysis, services and technologies in order to provide you with more relevant content, including clinical support tools, assessments or medical-related information or services, patient support programs, advertising, or other programs appearing on our Services or third-party services.
14. Analysing usage trends and patterns and measuring the effectiveness of content, programs, advertising or the features or functionality of the Services, including emails that may be sent by us and/ or by any of our channel partners to you. Preparing reports for any of the purposes described in this Privacy Policy, including but without limiting to sharing and/or disclosing some of these information and/ or aggregate findings (not the specific data) from these information in anonymized form (i.e., non-personally identifiable), for consideration or without, with our advertisers, sponsors, investors, strategic partners, content providers, customers, healthcare companies and others and/ or incorporating it into other material or making a derivative work based on it, in order to help improve our Website/ Services, facilitate R&D and innovation, grow our business and to show utilization or trends about the use of our Services. Such reports may include demographic or other general user information, but will not include personally identifiable information unless the recipient has agreed to confidentiality obligations;
15. Safeguarding and protecting our Services, the information we collect, and the rights of us, our users or third parties, and in response to legal process;
16. Any other purpose described in this Privacy Policy.
We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions) :
1. With our employees or affiliates.
2. With our contractors, service providers and other third parties who support our Website and/ or the Mobile Application, Services and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
3. As required by law, which can include providing information as required by a court order.
4. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
5. To a buyer or other successor who is bound by contractual obligations to keep Personal Information confidential in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of TatvaCare or MyTatva ‘s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Website and/ or the Mobile Application is among the assets transferred.
6. To third parties who are subject to confidentiality obligations which may include, as applicable, business associate contract obligations, who are funding or administering certain branded or unbranded content about medical conditions, treatments and products, or safety and regulatory information resources, such as clinical decision support tools, patient savings offers, co-pay offset or discount programs, medication adherence programs, and other similar programs, and with sponsors of advertising appearing within our Services. The purposes of such sharing may include administration, recordkeeping or compliance obligations, and assessing the effectiveness or utilization of any such program.
7. To the third parties who are subject to confidentiality obligations and that you have elected to establish integrations with, or who seek to establish Integrations with you, and to facilitate, maintain and monitor the utilization of such Integrations.
8. When you choose to share such information through our Services, such as “one-on-one” communications between a Medical Practitioner and you, or any other User as applicable.
9. When your account has been issued by an account administrator with administrative rights over your account, your account administrator will have access to your account information.
10. If you receive any honoraria or payment in connection with a survey or request for feedback, your information may be shared with the funding source or sponsor of such survey or program.
11. To protect our Services, the information we collect, and the rights of us, our Users, and any third parties, including to verify your identity.
12. For commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and we may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and its affiliates for a consideration or for providing services to the Users or for the advancement of scientific knowledge about health and disease.
13. To detect, prevent, investigate, or address fraud, illegal activity, or violations of our terms of use, Privacy Policy and any other agreements.
14. In response to legal process, such as a search warrant, court order, or subpoena, or when we have a good faith belief that the law requires us to do so.
15. Any other purposes described in this Privacy Policy or Terms of Use.
16. When we otherwise have your consent.
Other Activities:
1. We may periodically send you promotional emails about new products, special offers or other information which we think you may find interesting unless you have opted out of receiving such information. You can change your email and contact preferences at any time by accessing the appropriate page from the Website and/ or the Mobile Application or by sending us a mail at support@tatvacare.in.
2. When you choose to engage with any sponsored activity, such as a client’s sponsored news or content, we may provide our commercial clients with your identifiable information and information about whether you viewed, interacted with or requested information about such promotional content. We will only share your personal information with clients if both the parties have consented to use such information solely for authorized purposes and no unwarranted act.
3. From time to time, you may receive requests to participate in market research including polls and surveys submitted by other Users or our clients. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests. You may opt out of these practices by directly mailing to support@tatvacare.in.
4. We may require the User to pay with a credit card, wire transfer, debit card or such other payment instruments for Services for which subscription amount(s) is/are payable. We will collect such User’s payment details and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such payment details and information to third parties as necessary to complete such billing operation. Verification of payment information, however, is accomplished solely by the User through the authentication process. User’s payment details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, we provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
5. De-Identified Information: We may use De-Identified Information created by us without restriction.
6. Information You Share with Third Parties: This Privacy Policy applies only to information we collect through the Website and/ or the Mobile Application and in email, text and other electronic communications set through or in connection with the Website and/ or the Mobile Application. This policy does not apply to information collected by any third party on our Website or Mobile Application. When you click on links on the Website and/ or the Mobile Application you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.
7. Modification of Information: You will be able to review the information you have provided to us and any Personal Information found to be inaccurate or deficient may be corrected or amended as feasible. Provided that we are not responsible for the authenticity of any information you provide us. Requests to modify any information may also be submitted directly to support@tatvacare.in or on the Website or Mobile Application.
8. Limitations on Deletion of Information: You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information for our usage. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy and applicable law.
9. Steps we take to keep your information secure: We employ reasonable physical, electronic role based access, secure communication, password protected and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption and you agree that these measures are secured and adequate. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
10. Withdrawal of consent: You may, at any time while availing the services or otherwise, withdraw your consent given earlier to us. Such withdrawal of the consent should be sent in writing to us at support@tatvacare.in. Do note this may result curtailment of whole or part of the features and Services of the Website and/ or Mobile Application, depending on the extent of withdrawal of consent.
11. Report Grievances: You may report your grievances at support@tatvacare.in.
12. Changes to this Privacy Policy: We reserve the right, at our sole discretion, to update, change or replace any part of this Privacy Policy by posting updates and changes to our Website and/ or in Mobile Application. It is your responsibility to check our Website and/ or Mobile Application periodically for changes. Your continued use of or access to our Website and/ or Mobile Application or the Services following the posting of any changes to this Privacy Policy constitutes acceptance of those changes.
13. Questions: Any questions about this Privacy Policy should be sent to us at support@tatvacare.in.