Xceltec Interactive Pvt. Ltd., (“us”, “we”, or “Xceltec”, “Mycare” which also includes its affiliates) recognizes the importance of protecting the privacy of your personal information, and we have prepared this Privacy Policy to provide you with important information about the privacy practices applicable to the Mycare or service that links to or refers to this Privacy Policy (collectively, the “Services”). In addition, individually identifiable information that you provide to us for purposes of obtaining medical care from Mycare.
This privacy policy (“Privacy Policy“) explains how we collect, use, share, disclose and protect Personal information i.e. name, e-mail address, mailing address, phone number or credit card information, professional qualification, medical history, gender etc about the Users of the Services, including the Practitioners, the End-Users (as defined in the Terms of Use), and the visitors of Mobile Application (jointly and severally referred to as “you” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.
BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.
- NEED OF PRIVACY POLICY
This Privacy Policy is published in compliance with, following Acts, Rules & Regulation:
Section 43A of the Information Technology Act, 2000;
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
This Privacy Policy states the following:
The type of information collected from the Users, including Personal Information and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;
The purpose, means and modes of collection, usage, processing, retention, and destruction of such information; and
How and to whom Mycare will disclose such information.
- COLLECTION OF INFORMATION
We may collect the following kinds of information when you use our Services:
Information you provide directly to us. For certain activities, such as when you register, use our application, subscribe to our alerts, or contact us directly, we may collect some or all of the following types of information:
Contact information, such as your full name, email address, mobile phone number, and address;
Username and password;
Payment information, such as your credit card number, expiration date, and credit card security code;
For health care providers, information about your employment, such as your job title, practice area, primary specialty, and medical license status, gender, date of birth, languages spoken, address, photograph, information and bank account information;
Personal health information, including information about your diagnosis, previous treatments, general health, and health insurance; and
Any other information you provide to us.
We may combine such information with information we already have about you. The information collected from you by Mycare may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.
“Personal Information” is defined under the SPI Rules to mean 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.
The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:
passwords;
financial information such as bank accounts, credit and debit card details or other payment instrument details;
physical, physiological and mental health condition;
sexual orientation;
medical records and history;
information received by body corporate under lawful contract or otherwise;
visitor details as provided at the time of registration or thereafter; and
call data records.
Mycare will be free to use, collect and disclose information that is freely available in the public domain without your consent.
- PRIVACY STATEMENTS
3.1 ALL USERS NOTE:
This section applies to all users.
3.1.1 Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by Mycare immediately.>
3.1.2 All the information provided to Mycare by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Mycare may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice, (e) for the purpose of contacting you to complete any transaction if you do not complete a transaction after having provided us with your contact information in the course of completing such steps that are designed for completion of the transaction. Mycare also reserves the right to use information provided by or about the End-User for the following purposes:
Contacting End-Users for offering new products or services.
Contacting End-Users for taking product and Service feedback.
Analyzing anonymized practice information for commercial use.
If you have voluntarily provided your Personal Information to Mycare for any of the purposes stated above, you hereby consent to such collection and use of such information by Mycare. However, Mycare shall not contact You on Your telephone number(s) for any purpose including those mentioned in this sub-section 4.1(iii), if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and un-ambiguous written consent.
3.1.3 Collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules 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 applicable law.
3.1.4 Mycare does not control or endorse the content, messages or information found in any Services and, therefore, Mycare specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Mycare relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Mycare relating to the same.
3.1.5 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change by contacting us through privacy@Mycare.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete, or Mycare has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Mycare may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where Mycare will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
3.1.6 If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through support@Mycare.com . We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for limited purposes. Please note that your withdrawal of consent, or cancellation of account may result in Mycare being unable to provide you with its Services or to terminate any existing relationship Mycare may have with you.
3.1.7 If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at support@Mycare.com .
3.1.8 Mycare may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. Mycare will collect such User’s credit card number 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 credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card 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, Mycare 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.
3.1.9 Mycare may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
3.1.10 A User may have limited access to this application without creating an account can’t use this application. In order to have access to all the features and benefits on this application, a User must first create an account on this application. To create an account, a User is required to provide requisite information.
3.1.11 This Privacy Policy applies to Services that are owned and operated by Mycare. Mycare does not exercise control over application displayed as search results or links from within its Services. Accordingly, Mycare does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Mycare guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites.
3.1.12 Mycare does not collect information about the visitors of the application from other sources, such as public records or bodies, or private organizations, save and except for the purposes of registration of the Users (the collection, use, storage and disclosure of which each End User must agree to under the Terms of Use in order for Mycare to effectively render the Services).
3.1.13 Mycare maintains a strict “No-Spam” policy, which means that Mycare does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
3.1.14 Mycare has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Mycare shall not be held liable for any loss whatsoever incurred by the User.
3.1.15 Mycare takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, government official, legal authority or similar requirements or when Mycare, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
3.2 PRACTITIONERS NOTE:
This section applies to all Practitioners.
3.2.1 As part of the registration as well as the application creation and submission process that is available to Practitioners on Mycare, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
3.2.2 All the statements in this Privacy Policy apply to all Practitioners, and all Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Mycare, failing which they are required to leave the Services, including the application immediately.
3.2.3 Practitioners’ personally identifiable information, which they choose to provide to Mycare, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Mycare You will be the owner of your information and you consent to Mycare collecting, using, processing and/or disclosing this information for the purposes hereinafter stated. Mycare may use such information for commercial purposes for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Mycare also reserves the right to use information provided by or about the Practitioner for the following purposes:
Publishing such information on the Website.
Contacting Practitioners for offering new products or services subject to the telephone number registered with the DNC Registry.
Contacting Practitioners for taking product feedback.
Analyzing software usage patterns for improving product design and utility.
Analyzing anonymized practice information including financial, and inventory information for commercial use.
3.2.4 Mycare automatically enables the listing of Practitioners’ information on its application for every ‘Doctor’ or ‘Clinic’ added to a Practice using application. The Practitioner information listed on application is displayed when End-Users search for doctors on application, and the Practitioner information listed on application is used by End-Users to request for doctor appointments. Any personally identifiable information of the Practitioners listed on the application is not generated by Mycare and is provided to Mycare by Practitioners who wish to enlist themselves on the application, or is collected by Mycare from the public domain. Mycare displays such information on its application on an as-is basis making no representation or warranty on the accuracy or completeness of the information. Mycare will, however, take reasonable steps to ensure the accuracy and completeness of this information.
3.3 END-USERS NOTE:
This section applies to all End-Users.
3.3.1 As part of the registration/application creation and submission process that is available to End-Users on this application, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users.
3.3.2 All the statements in this Privacy Policy apply to all End-Users, and all End-Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to Mycare, failing which they are required to leave the Mycare immediately.
3.3.3 If you have inadvertently submitted any such information to Mycare prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Website. In addition, you can, by sending an email to privacy@Mycare.com, inquire whether Mycare is in possession of your personal data, and you may also require Mycare to delete and destroy all such information.
3.3.4 End-Users personally identifiable information, which they choose to provide on the Website is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by Mycare from End-Users (such as, patterns of utilization described above) and is exclusively owned by Mycare. Mycare may also use such information form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Mycare reserves with it the right to use anonymized End-User demographical information and anonymized End-User health information for the following purposes:
Analyzing software usage patterns for improving product design and utility.
Analyzing such information for research and development of new technologies.
Using analysis of such information in other commercial product offerings of Mycare.
3.3.5 Mycare will communicate with the End-Users through email, phone and notices posted on the application or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their “Account” on this application.
3.3.6 Mycare may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Practitioners.
3.3.7 All Mycare employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. Mycare has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which Mycare transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
3.3.8 Mycare may also disclose or transfer End-Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of a Mycare corporation division or company. Any third party to which Mycare transfers or sells its assets to will have the right to continue to use the personal and other information that End-Users provide to us, in accordance with the Terms of Use
3.4 CASUAL VISITORS NOTE:
3.4.1 No sensitive personal data or information is automatically collected by Mycare from any casual visitors of this website, who are merely perusing the Website.
3.4.2 Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
3.4.3 If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by Mycare. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Mycare cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
3.4.4 You are not a casual visitor if you have willingly submitted any personal data or information to Mycare through any means, including email, post or through the registration process on the Website. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.
- CONFIDENTIALITY AND SECURITY
4.1 Your Personal Information is maintained by Mycare in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Mycare takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Mycare’s business.
4.2 No administrator at Mycare will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website when finished. Mycare does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Mycare by sending an email to support@Mycare.com You shall be liable to indemnify Mycare due to any loss suffered by it due to such unauthorized use of your account and password.
4.3 Mycare makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
4.4 Part of the functionality of Mycare is assisting the doctors to maintain and organise such information. Mycare may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
4.5 Notwithstanding the above, Mycare is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Mycare shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Mycare including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
5.CHANGE TO PRIVACY POLICY
Mycare may update this Privacy Policy at any time, with or without advance notice. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@Mycare.com to deactivate your account. Unless stated otherwise, Mycare’s current Privacy Policy applies to all information that Mycare has about you and your account.
6.CHILDREN’S AND MINOR’S PRIVACY
Mycare strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment.
7.CONSENT TO THIS POLICY
You acknowledge that this Privacy Policy is a part of the Terms of Use of the application and the other Services, and you unconditionally agree that becoming a User of the application and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to Mycare using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.