MEDIVENUE
PRIVATE LIMITED, MediVenue Private Limited, a company incorporated under
the Companies Act, 2013, having its registered office at A-501, Alaknanda
Society, Sector 56, Gurgaon - 122011, India (hereinafter referred to as
the ‘Company’) is engaged in providing medical assistance to the
patients (the “Services”). We value the privacy of our Users (defined
under Clause 1.8). We are committed to ensuring the safety and protection of
your personal data and information. This Privacy Policy (the ‘Policy’) is
applicable to our Website ‘www.MediVenue.com’, its mobile-friendly website
interface and iOS/Android Mobile Application that may be named in due course
(the Website and the Application shall individually and collectively be
referred to as the ‘Platform’). We may collect, store, use and process the
personal data and information provided by you while accessing and/or using the
Platform. In pursuance of the foregoing, this Policy inter alia governs the
manner of collection, storage, usage, processing and protection of your
information including the type of data collected, the manner of collection, the
purpose of collection and intended use, disclosure of information, your data
protection rights etc. By accessing, visiting and using the Platform, you
consent to the provisions stipulated in this Policy. You are advised to
carefully read this Policy prior to visiting, using and accessing the Platform
and in the event, you disagree with its provisions, discontinue such use and
access.
For the
purpose of this Policy, the terms ‘We’, ‘Us’, ‘Our’ refer
to the Company and ‘You’, ‘Your’ refer to the Users
(including the visitors) of the Platform.
1. DEFINITIONS
1. ‘Consent’ of
the User means any freely given, specific, informed and unambiguous indication
of the User’s wishes by which he or she, by a statement or by clear affirmative
action, signifies agreement to the processing of personal data relating to him
or her.
2. ‘Data
Concerning Health’ means personal data related to the physical or
mental health of a natural person, including the provision of health care
services, which reveal information about his or her health status.
3. ‘Data
Controller’means the person, entity, authority or agency that determines,
whether, alone or jointly with others the purpose and means of processing
Personal Data. The Company is the Data Controller for the purpose of
this Policy.
4. ‘Personal
Data’ means information relating to living persons that can be used and
referenced to identify such person, directly or indirectly, such as name,
contact information (telephone number, email address), identification number,
location data etc. When the User desires to
receive Services from the Company, we may ask you to provide us with certain
personal data about yourself including name, age, contact number, residential
information, Identification Cards (as per the governing laws) along
with a copy of the same, photo, credit or debit card information, its expiry
dates and authentication codes, UPI Ids, amongst other matters. It is optional
for you to engage in the Services provided by the Company; however, if you
choose to not provide your information, you might not be able to avail the
Services. The Personal Data shall also include your user id/log –in id and
passwords for accessing the Platform for registered Users.
5. ‘Processing’ of
the personal information or data includes activities such as collection,
recording, organisation, structuring, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction, erasure or
destruction of Personal Data.
6. ‘Service
Providers’ include doctors, hospitals, clinics, care centres and such
other medical practitioners providing medical services through the Platform.
7. ‘Special
Categories of Personal Data’ includes medical history, genetic data,
data concerning health, religion, data concerning sex life and sexual orientation.
8. ‘User’ means an
individual or legal entity looking to avail various kinds of medical services
through the Platform, and shall also include a visitor of the Platform.
2. WHAT
DATA DO WE COLLECT AND HOW WE COLLECT IT?
1. PERSONAL
DATA PROVIDED BY YOU
a. We collect
the Personal Data that you provide on the Platform such as your name, telephone
number, email address, location. In addition to the foregoing, we collect the
Special Category Personal Data that you provide on the Platform including data
concerning your health, medical condition, sex life or sexual orientation.
b. It is
pertinent to note that the mere browsing of the Platform by you shall not
require you to provide or submit to us the foregoing Data and information, and
the said Data shall be collected and stored by us only if you voluntarily
submit your Personal Data on the Platform for purposes including i) When You
provide such name, address, email, contact details, and data concerning your
health during registration of your account or for any enquiries, opinions and
quotes on the Platform, (ii) When you subscribe to our newsletter and
communications by providing your email address, (iii) When You participate in
surveys, sweepstakes, contests and promotions, (iv) When You communicate with
our customer service. You may in your discretion choose not to provide such
information, however, in such cases, we shall be unable to provide our Services
to you and your access to our Platform may become restricted.
2. DATA
AUTOMATICALLY COLLECTED BY US
In addition to the Personal Data provided by you, our Platform
uses technologies such as cookies, web beacons, log data and third-party
analytics for data collection and analysis.
3. CHAT,
AUDIO AND VIDEO RECORDING
To improve the patient experience and improve the overall quality
of conversation between the User, Service Provider and us, our platform keeps a
record of all the chats, voice calls and video calls. The purpose of storing
this data is only to improve the quality of conversation and is used only for
the internal purpose.
4. LOG
DATA
Log Data and files are collected by us when you use and interact
with the Platform. The information collected includes Your IP (Internet
Protocol) address, browser type and version, geographical location, operating
system, date and time stamps, URLs of referring/exit pages, pages visited, and
device ID. This information does not identify any User and is used to analyse
trends, track User movements across the Platform, administer the Platform, and
collect demographic information so as to develop an understanding of your needs
and preferences to customize our Platform, features, and Services accordingly.
Except where it is expressly mentioned in this Policy, this information is not
mixed or commingled with your Personal Data.
5. COOKIES
a. WHAT
ARE COOKIES?
When you browse on a Platform using a browser, certain data
generated by the Platform is stored on your device to remember information
about you. This is done so as to recognize your device and set your preferences
as per your usage of the Platform. Cookies are used so as to enable functions
of the service, provide analytics, storing your preferences, deliver
advertisement etc. Cookies help us understand how the Platform is being
used and eventually help us to improve your experience.
Cookies can generally be categorized as
(i) First-Party, (ii) Third-Party, (iii) Session
and (iv) Persistent Cookies, as explained below:
i.
First-party Cookies are cookies that are placed on your device by us.
ii.
Third-party Cookies are operated by third parties that can recognize your
device both when it visits our Platform and when it visits other websites or
mobile apps. We do not control how third-party cookies are used, and we
encourage you to check the websites of any third-party cookie providers for
more information about how they use Cookie information.
iii.
Session Cookies enable
you to stay logged in on the Platform and Persistent Cookies recognize you
every time you return. Session Cookies are deleted at the end of a session when
you exit the browsers; and
iv.
Persistent Cookies are
stored and remain valid till their date of expiry unless deleted by you prior
to the said date. The types of Cookies listed below fall in either of the
aforesaid general categories.
b. TYPES
OF COOKIES AND THEIR PURPOSE
i.
Necessary Cookies
These Cookies are necessary to provide our
Services to you. For example, these Cookies help you see the right information
when you log in to our Services, navigate from page to page without having to
sign in on every page, detect, prevent, and mitigate malicious and fraudulent
activities on our Platform, support and enable other security features. They
are necessary cookies without which the Platform will not function properly or
be able to provide certain features and functionalities. You may disable these
cookies in your browser but as a result, certain functions and features of the
Platform will not be available to you.
ii.
Performance Cookies
Performance Cookies help us ascertain how often you visit our
Platform and how you use, interact and move around on the Platform and include
information such as the pages frequently visited by you. They lead us to know
what features on the Platform are functioning best and help us to improve and
optimize our Platform and make it easier for you to navigate. The information
collected by these cookies is anonymous and aggregated and cannot be used to
personally identify you.
iii.
Google Analytics
These are categories of Performance Cookies provided by Google
Inc. and are used to collect information about your use of our Platform including
such as the number of visitors, where the visitors come from and pages visited
by them. This information is used by us to compile reports and help us improve
the Platform. The aforesaid information generated by the Cookies are
transmitted to and stored by Google on servers in the United States and used to
evaluate your use of the Platform, compile reports on Platform activity and
provide such other services in connection with Platform activity and internet
usage. We do not attempt to reconcile information collected via Google
Analytics to identify an individual User. By using our Platform, you consent to
the processing of your data by Google in the manner and for the purposes set
out above.
iv.
Functionality Cookies
These cookies help us to recognize you when you visit and return
on the Platform and remember your choices preferences and settings when you
visit the Platform so as to provide you with a customized and personal
experience. This includes information such as your text size, font, location
and such other customizable elements. Such information cannot personally
identify you.
v.
Advertisement Cookies
These are third-party cookies and are used by advertisers to
help display advertisements that may be relevant or interesting to you. They
gather information about your visit such as content viewed by you, ads viewed
by you and frequency of views. They do not collect personally identifiable
information about you.
vi.
Security Cookies
Security Cookies are used to identify and prevent security risks
such as protect your account and data from unauthorized interception, use and
access and secure the Platform and Services generally.
vii.
Flash Cookies
We may also use Flash Cookies (also known
as Local Shared Objects or LSOs) to, inter alia,
collect and store information about your use of the Platform, fraud prevention
and for other Platform operations. If you do not want Flash Cookies stored on
your device you can adjust the settings of your Flash player to block Flash
Cookies storage using the tools contained in the Website Storage Settings
Panel. You can also control Flash Cookies by going to the Global Storage
Settings Panel and following the instructions (which may include instructions
that explain, for example, how to delete existing Flash Cookies (referred to
‘information’ on the Macromedia site), how to prevent Flash LSOs from being
placed on Your device without being asked, and (for Flash Player 8 and later)
how to block Flash Cookies that are not being delivered by the operator of the
page you are on at the time).
Please note that setting the Flash Player to
restrict or limit acceptance of Flash Cookies may reduce or impede the
functionality of some Flash applications, including, potentially, Flash
applications used in connection with our Platform and Services.
c. HOW
LONG DO COOKIES STAY ON MY DEVICE?
Session Cookies are deleted at the end of a session when you
exit the browsers whereas Persistent Cookies stay for a longer period and are
stored and remain valid till their date of expiry unless deleted by you prior
to the said date.
d. OTHER
TECHNOLOGIES
In addition to cookies, we may use web beacons, pixel tags, and
other tracking technologies on the Platform to help customize the Platform and
improve your experience. A ‘web beacon’ or ‘pixel tag’ is a tiny object or
image embedded in a web page or email. They are used to track the number of
users who have visited particular pages and viewed emails and acquire other
statistical data. They collect only a limited set of data, such as a cookie
number, time and date of a page or email view, and a description of the page or
email on which they reside. Web beacons and pixel tags cannot be declined.
However, you can limit their use by controlling the cookies that interact with
them.
e. YOUR
CONTROL AND MANAGEMENT OF COOKIES.
i.
Browser Settings
You can enable, disable or remove Cookies
through your browser’s settings. Please note that such actions could affect the
functionality and certain areas and features of Our Platform and Services.
ii.
Third-Party Cookies
We do not control third-party Cookies on our Platform. Such
cookies can be managed and controlled through browser settings or by visiting
the third-party website.
iii.
Google Analytics
You can opt-out of Google Analytics Cookies by visiting the
Google ad settings or downloading and installing the Google Analytics opt-out
browser add on.
iv.
Social Media Plug-ins
Our Platform uses ‘Social Media Plug-ins’ to allow
you to share content on social media including, Facebook, Instagram, Twitter,
Youtube, Linked-in buttons. According to Your social media account settings, we
automatically receive information from the social media platform when you use
the corresponding button on the Platform. Further, the buttons contain embedded
Cookies through which the Social Media Platforms receive and collect your information.
We are not responsible for the collection, use and processing of information by
such social media platforms. To learn more about Social Media Cookies, we
suggest you refer to your social media Platform’s Cookie and Privacy Policy.
6. DATA WE
COLLECT FROM THIRD-PARTY SOURCES
.
When you provide your name, address, contact details for
bookings and e-commerce transactions with our partners including, but not
limited to, travel and logistics partners, insurance providers, forex partners,
we may receive your Personal Data and transaction data from them.
a. When
you book appointments or enter into contracts with the Service Providers listed
on the Platform to avail the various medical services available therein, we may
receive Your Personal Data including Special Personal Data, trip details, and
invoices from the Service Providers.
3. HOW WE
USE YOUR DATA
1. We
assure you that the information collected and stored by us shall not be used
and processed for any unlawful, illegal or illicit purposes and shall be used
only for the purpose of providing the services on Platform. The legal basis for collecting and using the Personal
Data described above will depend on the type of Personal Data collected, the
specific context in which we collect it and the purposes for which it is
used. The purpose of collection of Your Data and the legal basis
for the same has been delineated below:
PURPOSE
OF DATA COLLECTION
|
LEGAL
BASIS
|
To provide you with access to
the features and Services of Our Platform including enabling You to create an
account and use the Platform and Services
|
Performance of contract
|
Customizing and tailoring Our
services to Your specific requirements including different medical services,
assisting with and arranging trips and logistics, verify Your identity
|
Performance of contract
|
For research and analysis so
as to improve and develop the Platform and Services
|
Legitimate Interests
|
To communicate with you to
provide information relating to the Platform and services including
responding to requests and resolving issues
|
Your consent
|
To create a safe environment
including ensuring security, detection, prevention and investigation of
fraud, unauthorized use, violation of Our terms and to comply with any legal
obligation
|
Compliance with legal
obligations, protection of vital interests, legitimate interests
|
For the operation of the
Platform and Services and compliance with Our legal obligations
|
Legitimate interests,
compliance with legal obligations
|
To facilitate and evaluate
the use of Our Platform and Services
|
Legitimate interests, the
performance of the contract
|
To send you marketing and
advertising communications including promotional offers, sales, events,
interest-based targeted advertising etc.
|
Your consent
|
To display and post comments
and testimonials on the Platform, social channels and other portals for the
purpose of sharing your experience with the hospitals, doctors, destinations
and the Company.
|
Your consent
|
To improve the accuracy of
our records
|
Legitimate interests
|
To provide online
communications and blogs including using your information on our message
boards, chat features, blogs
|
Your consent
|
Notify You of new services
and features on the Platform
|
Performance of contract
|
Providing customer support
services
|
Performance of contract
|
Others. We will obtain Your
consent before We process Your Data for any purpose other than the ones
stipulated in this Policy
|
Your consent
|
2. Please
note that the legal basis for the collection and processing the Special
Category Data is solely for providing the requested Services to you.
3. The
Personal Data may be used by us for the purpose of sending out the verification
code or OTPs while registering on the Platform or availing the Services. The
Company also uses the Personal Data for supporting expeditious transactions on the
Platform.
4. DISCLOSURE
AND SHARING OF DATA
1. Except
where otherwise expressly provided the information collected by us shall not in
any manner be disclosed to any unaffiliated third-party. We may, however,
disclose your information to our domestic or international affiliates,
subsidiaries, joint venture partners, licensees, and representatives, solely
for the purposes stipulated in this Privacy Policy.
2. We may
share your information with parties directly authorized by you to receive the
Personal Data, for instance, we may share your data with a medical service
provider of your choice.
3. We may
work with and outsource certain services to third-party vendors, consultants,
agents and service providers so as to enable us to provide our services more
efficiently. The outsourced services may include without limitation a)
marketing b) billing c) backup and storage d) payment processing e) analysis f)
customer database management g) providing customer services and technical
support h) and such other services in order to maximize our business. In
pursuance of the aforementioned outsourcing, we may disclose your information
to such third-party service providers. We do not sell, share, rent or trade any
of your Personal Data with any third party for their own promotional
purposes.
4. We may
disclose the google analytics, statistics, demographic reports developed by us
by analyzing your usage patterns and behaviour to our internal team for the
purpose of improving the Platform and the Services. Such statistics and reports
contain anonymous information such as preferences, pages frequently visited
that do not constitute personally identifiable information. The information is
used in a manner such that no single person can be identified using such
compilations.
5. In the
event of a transfer of our business, undertaking or assets, whether in whole or
in part as a result of a merger, acquisition, restructuring, reorganization or
otherwise your information may be disclosed to the transferee to the extent of
such transfer, and we shall make reasonable efforts to protect Your information
in accordance with our Privacy Policy. We will notify you of the change in
control and use of Your Personal Data and of options you may have regarding the
same.
6. We may disclose information where we believe disclosure is
necessary or required (i) by law or regulation, in order to comply with legal
process or government requests (including in response to public authorities to
meet national security or law enforcement requirements), or (ii) to exercise,
establish or defend our legal rights.
7. We may
disclose your information if it is necessary to protect the vital interests of
any person.
8. For any
other purpose, we may disclose your Personal Data with Your consent.
5. YOUR
DATA PROTECTION RIGHTS
1. RIGHT
TO INFORMATION
You have the right to free information about
your stored Personal Data, the origin of the data, its recipients, and the
purpose of the data processing.
2. RIGHT
TO ACCESS
You have the right to access the Your Personal Data held by us
and request a copy of such Data.
3. RIGHT
TO WITHDRAW CONSENT
Where you have given your consent to the processing of Data, You
have the right to withdraw your consent to such processing. However, your
withdrawal shall not affect the lawfulness of any processing based on the
consent granted prior to your withdrawal. When you withdraw consent, you
acknowledge that it may negatively affect the quality of our Services.
4. RIGHT
TO RECTIFICATION
You have the right to request for the correction and
rectification of Your Personal Data in case of any inaccuracies.
5. RIGHT
TO ERASURE
You have the right to request for the deletion of Your Personal
Data held by Us, provided, however, We shall not carry out this request in the
event we need your such Data in order to comply with any legal obligation or for
the exercise or defence of any legal claims.
6. RIGHT
TO RESTRICT PROCESSING
You have the right to restrict Our Processing of Your Personal
Data where You believe the Data to be inaccurate or the processing is unlawful
or we no longer need to process it for a particular purpose unless such
processing is required to fulfil any legal obligation or in the exercise or
defence of any legal claims.
7. RIGHT
TO DATA PORTABILITY
You have the right to obtain Your Personal Data and have us
provide it to you in a structured, electronic and machine-readable format and
to transmit to another data controller. If you request a direct transfer of the
data to another data controller, this will be done so far as its technically
feasible.
8. RIGHT
TO OBJECT
You have the right to object to the processing of Your Personal
Data at any time on grounds relating to Your particular situation and in
accordance with applicable law of We process such Data on the basis of your
consent, to perform a contract with You or in furtherance of Our legitimate
business interests. We may continue to process the Data where required to
fulfil any legal obligation, to exercise or defend any legal claim or any other
exception under applicable law.
9. RIGHT
TO COMPLAINT
a. If you
have any complaints about how we handle your Personal Data you should contact
us at [email protected]
b. In
order to exercise any of your rights you may contact us at [email protected] or
send us your request/complaint at A-501, Alaknanda Society, Sector 56,
Gurgaon – 122011, India. We will respond to and resolve your request without
undue delay and no later than the timelines prescribed under applicable laws.
6. DATA
RETENTION
1. We may retain and use your Personal Data as necessary for the
purposes as set out under this Policy or to comply with our legal, regulatory,
accounting or reporting obligations. Consistent with these requirements, we
will try to delete your Personal Data within the time limits imposed by
applicable law, if any upon request. When we have no justifiable business need
to process your Personal Data, we will either delete or anonymize it, or, if
this is not possible (for example, because Your Personal Data has been stored
in backup archives), then we will securely store Your Personal Data and isolate
it from any further processing until deletion is possible.
2. You may withdraw your consent to submit the Personal
Information by sending an email to us on [email protected]. In case, you choose to do so then your access to the
Platform may be limited, and we might not be able to provide the Services to
you.
7. INTERNATIONAL
TRANSFERS
Your Personal Data and information may be transferred to and
maintained on computers and servers located outside of your state or country or
other governmental jurisdiction where the data protection laws may differ than
those from your jurisdiction. We will take all steps reasonably necessary to
ensure that your data is treated securely and in accordance with this Privacy
Policy and no transfer of Your personal information will take place to an
organization or a country unless there are adequate controls in place including
the security of your data and other personal information. Where applicable law requires us to ensure that an
international data transfer is governed by a data transfer mechanism, We use
one or more of the following mechanisms: European Commission’s Standard
Contractual Clauses with a data recipient outside the EEA (European Economic
Area), verification that the recipient has implemented Binding Corporate Rules,
or verification that the recipient adheres to the EU-US and Swiss-US Privacy
Shield Framework. We have implemented similar appropriate safeguards with our
service providers, partners and affiliates.
8. SECURITY
1. We
employ and maintain administrative, technical and physical measures, policies
and procedures to ensure the security, integrity and confidentiality of your
Data against accidental, unauthorized, unlawful access, disclosure, alteration,
loss or destruction including a) guidelines on proper disposal of Data when no
longer required b) access controls on electronic system to maintain, access or
transmit Data c) access restrictions to locations containing Data d) encryption
of electronic Data e) dual control procedures f) testing and monitoring of
electronic systems g) procedures to detect actual or attempted attacks or
intrusions on systems containing Data. Your Data is provided only to authorized
persons and we use Secure Sockets Layer (SSL) or Transport Layer Security
technologies for the protection of your data in transit.
2. The
Platform is scanned on a regular basis for vulnerabilities in order to make
your use of the Platform as safe as possible. Further, the Company shall adopt
such other measures as provided under the prevailing laws from time to time to
protect your data.
3. We strongly recommend you not to share your login Id and
password (“credentials”) or bank account details with anyone under any
circumstances. Any personnel of the Company would never contact you asking for
your credentials or bank account details; hence you are advised not to
entertain such faux calls or messages and report regarding the same to the
Company at the earliest so as to enable us to take appropriate steps.
4. Despite
our best efforts, no website, mobile application, database or system is completely
secure. As a result, we do not guarantee or warrant the security of any
information you transmit through the Platform and you do so at your own risk.
If you have a reason to believe that your interaction with the Platform is no
longer secure, you should forthwith notify us of the same at [email protected]
9. MINORS
Our Platform and Services are not directed for
use by minors. We do not knowingly collect Personal Data from minors and minors
must have consented to interact with us or use the Services from their parent
or guardian. If a parent or guardian becomes aware that his or her child has
provided us with Personal Data without their consent, he or she should contact
us at [email protected]. If we become aware that a minor has
provided us with Personal Data, we will take steps to delete such information
from our files.
10. AMENDMENTS
We may review and update
this Privacy Policy periodically in response to changing legal, technical and
business developments. When we update this Privacy Policy we will note the date
of its most recent revision above. If we make material changes to this Privacy
Policy, We will take appropriate measures to inform you in a manner that is
consistent with the significance of the changes we make and is in accordance with
applicable law. We encourage you to review this Privacy Notice frequently to be
informed of how we are protecting your information.
11. THIRD-PARTY
LINKS AND PLATFORMS
1. The
Platform may contain links to third-party websites and the same shall not
constitute, in any manner whatsoever the Company’s endorsement, sponsorship, or
recommendation of such third-party Platforms or their products, services,
content, and offerings. The Company is not responsible for examining or
evaluating any third-party Platforms and does not make any representation or
warranty for their products, services, content, and offerings or their terms of
use and privacy practices.
2. In the
event a User accesses such third-party websites, he/she shall do so at his/her
own risk and expense and apprise him/her of their terms and conditions and
privacy practices before providing any personal data or sensitive information
to them.
12. LIABILITY
AND WARRANTY
1. Although we have implemented and employed the necessary
internet security methods and technology to secure the information and data
transmitted to us, the security of the Data transmitted over the internet
cannot be absolutely guaranteed; thereby we cannot ensure or warrant the
security of any information that you transmit to us. Accordingly, the Users share
their Personal Data with us entirely at their own risk. In light of the above,
the Company declares as follows:
a. We shall not be held liable for any loss or injury caused to
you, as a result, voluntary disclosure of the Personal Data by the User to a third
party.
b. Further, notwithstanding anything contained in this Policy,
we disclaim all the warranty for any loss, damage or misuse of the Data.
c. We disclaim all the warranty and take no responsibility and
liability for the privacy practices and security of Data collected by the third
party website linked to our channel and services that are outside our control
13. DISCLAIMER
We do not collect the Personal Data of any individual except
when such an individual voluntarily shares information and data on our Platform.
Upon such voluntary disclosure of information and data, we may further verify
and collate the information and data from information available in public
domain (as permitted by law) in order to prevent cases of identity theft, fraud
etc. We may receive your information and data through third-party websites if
you are connected to us through those websites and services.
14. GRIEVANCES
AND CONTACT DETAILS
In the event of any queries or grievances you may contact us
at [email protected] or
you may contact our Data Protection Officer:
Name: Ashutosh Shrivastava
Address: A-501, Alaknanda Society, Sector 56,
Gurgaon - 122011, India
Contact Details: (+91) 8178688392