Privacy Policy

Table of Contents

Introduction

This Privacy Policy (“Privacy Policy”) describes what information Novel Medicare Solutions Private Limited (“Easy Clinic” or the “Company” or “Entity” or “We” / “Us” / “Our”), a company incorporated under the Companies Act, 1956, having its registered office at 188/2, Bankim Mukherjee Sarani, Block J, New Alipore, Kolkata – 700053, West Bengal, India; as the owner and operator of the Platform may collect from a user (“You”, “Your” or “User”), on or through our websites http://easycliniconline.com/ or www.easyclinic.io or www.easyclinic.io (“Site”), directly or in relation to services otherwise rendered by Us (collectively “Platform”), such as provision of a Software for clinic management and maintenance of Electronic Medical Records and other ancillary services through the Platform, as may be provided by us through the Site and how we use, process, disclose and try to protect such information.

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.

By using Our Platform, or the Services, you confirm that You have read, understood, and agree with the privacy practices described in this Privacy Policy, and the Terms of Use (the “Terms”) and the collection, storage and processing of Your information in accordance with them.

This Privacy Policy is incorporated in reference into the Terms. Any capitalized terms used but not defined in this Privacy Policy have the meaning assigned to them in the Terms.

The Platform acts as a clinic management tool for a Doctor (“RMP / Registered Medical Practitioner”) by enabling him / her to schedule appointments, Store Electronic Medical records, create and communicate prescriptions, generate invoices, etc.

Therefore, for the purpose of providing Services to the Registered Medical Practitioner, the Entity will be required to collect and host certain data and information of the Registered Medical Practitioner. Any such data and information about the Registered Medical Practitioners, including but not limited to their name, photographs, registration ID (accorded to the Medical Practitioner as per the state or national register) qualifications, experience and specialties, that may be hosted by the Entity, and displayed on the Platform, is for information purposes only and such information shall not be deemed to amount to an advertisement of the Registered Medical Practitioner, and / or the services provided by such Registered Medical Practitioner. We are committed to protecting the personal information of the Registered Medical Practitioner

and take all precautionary measures to maintain confidentiality of the Registered Medical Practitioner’s personal information.

This Privacy Policy shall apply to the use of the Platform by all Registered Medical Practitioners. Accordingly, a condition of each Registered Medical Practitioner’s use of and access to the Platform and to the other services provided by the Entity to Registered Medical Practitioner is their acceptance of this Privacy Policy and the Terms. All Registered Medical Practitioners are required to read and understand the provisions set out herein prior to submitting any sensitive personal data or information to the Entity, failing which they are required to leave the Platform immediately and forthwith cease the usage of the Platform.

This Privacy Policy is published in compliance with, inter alia: (a) Section 43A of the Information Technology Act, 2000 (“IT Act”);

(b) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPD Rules”); and

(c) Regulation 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Guidelines”).

 

General Terms

 

(a) 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.

(b) 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. While 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, We shall notify You as per timelines prescribed under applicable laws about any such amendments to the Privacy Policy.

(c) If You are accessing or using Services on 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.

(d) If You do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this Site or any Services.

 

1. What information About You is collected on the Platform?

When You access the Site or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that we may collect:

(a) Information You Give Us: We receive and store any information You enter on Our Platform or provide us in any other way. When You register on the Site, We collect registration details such as name, mobile number, Medical Registration number, email address, name of Clinic and geographical address. We verify Your mobile number with the help of a one-time password sent to Your mobile number. We may also collect health information obtained by You while providing Your Services through the Platform such as the patient’s medical or health history, health status, investigations ordered and laboratory testing results, details of treatment plans and medication prescribed by You, dosage details such as frequency of dosage, alternative medication, diagnostic results, Patients health ids, other health-related information and any other information inferred therefrom. 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 You on or through the Platform, 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.

(b) Information from Other Sources: The Entity may receive information about the Registered Medical Practitioner’s browsing history including the URL of the site of the Registered Medical Practitioner visited the Platform as well as the Internet Protocol (IP) address, computer operating system and type of web browser the Registered Medical Practitioner is using as well as the name of the Registered Medical Practitioner’s ISP. The Platform may use temporary cookies to store certain data (that is not sensitive personal information or personal information) that is used by the Entity and its third-party service providers for the technical administration of the Platform, research and development etc.

(c) Cookies and Other Tracking Technologies: We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Site or the App. Some cookies and other technologies may serve to recall information previously indicated or submitted by a User. Most browser settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers to notify you if You receive a cookie, or You may choose to block cookies with your browser. Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that Our Site is accessed. Our use of cookies and other tracking technologies allows Us to improve our Site and Your experience. At all times, You may refuse all cookies on Your browser by changing Your settings to the extent permissible on Your device.

(d) Automatic Information: We 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 such as OS type and version, Device brand, browser and its version details, User agent, etc. to see examples of the information We receive. We may also receive/store information about Your location, including a unique identifier for Your device.

The IT Act and the SPD Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPD 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.

You agree that You are providing all information, including SPD to us voluntarily. Collection, use and disclosure of personal information and SPD requires Your express consent.

You are providing us with your consent to Our use, collection and disclosure of the personal information and SPD. You may choose to not provide Us with personal information and SPD, but in the event that You do so, We will be unable to provide You access to Our Site or provide Services through Our Platform.

 

2. How do We use the information We collect?

(a) We use the information We collect, in a variety of ways in order to provide the Services on the Site and to operate Our business, including the following:

(i) To carry out Our obligations arising from Your requests for the products and Services on the Platform;

(ii) To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;

(iii) To process and deliver Your service requests with Us;

(iv) To enable Your access to Our Site to provide You Services;

(v) Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;

(vi) Research;

(vii) For responding to Your requests, customising Your orders, improving Our Platform or communicating with You;

(viii) For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;

(ix) To comply with applicable laws;

(x) To conduct audits and quality assessment procedures;

(xi) To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your device and software.

(xii) Contacting Users, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new services;

(xiii) To investigate, prevent, or take 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;

(xiv) To respond 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 Site, or the introduction of any future fees or charges that We may collect at the time for purchasing products or provision of our Services to You; or

(xv) To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our products and Services, as they currently stand, and / or any potential products and services that may be offered in the future. ‍

(b) We may use “cookies” information and “automatically collected” information We collect on the Platform 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 avail the Service;

(ii) provide customized content and information;

(iii) monitor and analyse 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

(c) 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 the Platform or others.

(d) We may collect, analyse, 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. (collectively “Purposes”).

3. Do we share the Information we receive?

(a) 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 in interest of national security; or

(iv) protect personal safety of Our Users or the public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our Users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;

(b) Sharing upon merger or amalgamation or intra-group transfer: Any third party to which We transfer or sell Our assets, merge or consolidate with, will have the right to continue to use the information (including SPD) provided to Us by You, in accordance with the Terms and conditions specified in this Privacy Policy. We 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 and enable Us to create a better overall experience for You; and

(c) Improving our business: You acknowledge that We have a right to use e-prescriptions generated by you on the platform, for improving Our Services. We may transfer such personal Information and SPD 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.

(d)Transfer to third parties and outside India: Subject to applicable law, We may at Our sole discretion, transfer personal information and SPD to any other body corporate (as defined

under the Information Technology Act, 2000) 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.

The Registered Medical Practitioner shall ensure confidentiality of the Registered Medical Practitioner’s account details including without limitation username and password, and the Registered Medical Practitioner shall immediately notify the Us without any delay of any actual or unauthorized use the account details.

We shall, in no event, be responsible for the breach of security or of any acts/omissions of the third parties including without limitation acts of Government, breach of security, encryption, computer hacking, unauthorized access to computer data and storage device.

By using the Site and the App, You accept the terms hereof and hereby consent to Us, sharing with and / or processing of Your personal information and SPD.

4. How Secure Is Information About Me?

(a) We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including SPD). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.

(b) We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on “Information Technology Security Techniques Information Security Management System-Requirements”.

(c) We provide restricted access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.

(d) 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 Your account against unauthorized access to Your password and You must be sure to log off from the Site or when You have finished use thereof. We do not undertake any liability for any unauthorised use of Your account and password.

(e) 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.

(f) 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 SPD, or during investigation of cyber incidents, prosecution of offenses etc.

(g) 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, unauthorised 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.

5. What Information Can I Access?

The Platform gives You access to a broad range of information about Your account and Your interactions with the Platform for the limited purpose of viewing and, in certain cases, modifying, and deleting information provided on the Site. If you are desirous of deleting or erasing Your Information including SDP from the Platform database, the Company reserves the right to process such erasure or deletion after recording Your explicit consent. Once Your request is processed, such deletion shall be final, and the Company disclaims all responsibility for providing You any such deleted Information in the future. Further, the Company shall not be liable for the RMP’s failure to maintain a separate record of such Information as mandated by applicable laws.

6. Are Children Allowed to Use the Platform?

Use of the Site 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. If You are a parent or guardian and discover that Your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert us at info@easyclinic.in and request that We delete that child’s personally identifiable information from Our systems.

7. Third-party links

The Site may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources (“Third Party Links”). We have no control over such Third-Party Links present on the Site or the App, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies or persons thereof. The presence of any Third-Party Links on Our Site or App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third-Party Links.

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.

Such third-party websites, and external applications or resources, accessible via the Third-Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy.

8. Retention of Information

(a) We also have measures in place such that your SPD which is in our possession or under our control, is destroyed and / or anonymised as soon as it is reasonable to assume that: (i) the purposes for which your SPD has been collected have been fulfilled; and (ii) retention is no longer necessary for any other reason, or under applicable law.

(b) We may, however, reserve the right to retain and store your personal information for our business purposes, whether such personal information has been deleted or not. After a period of time, your data may be anonymised and aggregated and then may be held by us as long as necessary, to enable purchases of products and provision of services or for analytics purposes.

(c) If You wish to withdraw Your consent for processing Your personal information and SPD, cancel Your account, or request that We no longer use Your personal information and SPD 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.

9. Changes to Your Information

You may review, correct, update, change the information that You have provided by logging into Your account. However, You are not permitted to delete any part of the personal information or any other information generated on the Platform. You may request Us to delete the same. You may update Your information at any point by writing to Us at the details indicated below in the contact section.

Should You choose to update Your personal information or SPD 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 or the Services, as described under the Terms, and such modification may be regarded as the User seeking to discontinue his or her access to Our Site or the Services.

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 deletion of your personal information or SPD may be denied or limited by Us if it would violate another person’s rights and / or is not otherwise permitted by applicable law.

10. Notices

If You have any concern about privacy or grievances on the Site or the App, please contact us with a thorough description and We will try to resolve the issue for You. If You have any concerns or questions in relation to this Privacy Policy, You may address them to us at the details provided in the contact section. ‍We shall endeavour to resolve Your grievances at the earliest.

11. Miscellaneous

(a) Disclaimer: We cannot ensure that all of Your personal information and SPD 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 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 / the platform, the

internet generally, and the information You post or access and for Your conduct on and off the Site or the platform. 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 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 SPD 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.

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