Ayurmegha Healthcare Private Limited (“us”, “we”, “Ayurmegha” or “Televeda”, which also includes its affiliates) is the author and publisher of the internet resource www.ayurmegha.com (“Website”) and televeda.in on the world wide web as well as the software and applications provided by Ayurmegha, including but not limited to the mobile application ‘Televeda’.
i. Section 43A of the Information Technology Act, 2000;
ii. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
iii. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
iv. The type of information collected from the Users, including Personal Information (as defined in paragraph 2 below) and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;
v. The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
vi. How and to whom Ayurmegha will disclose such information.
· 2.COLLECTION OF PERSONAL INFORMATION
Generally some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by Ayurmegha. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
i. contact data (such as your email address and phone number);
ii. demographic data (such as your gender, your date of birth and your pin code);
iii. data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
iv. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
The information collected from you by Ayurmegha 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:
vi. financial information such as bank accounts, credit and debit card details or other payment instrument details;
vii. physical, physiological and mental health condition;
viii. sexual orientation;
ix. medical records and history;
x. biometric information;
xi. information received by body corporate under lawful contract or otherwise;
xii. visitor details as provided at the time of registration or thereafter; and
xiii. call data records.
Ayurmegha will be free to use, collect and disclose information that is freely available in the public domain without your consent.
· 3.PRIVACY STATEMENTS
i. 3.1ALL USERS NOTE:
This section applies to all users.
§ 3.1.3All the information provided to Ayurmegha by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Ayurmegha 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) debugging customer support related issues.. (f) 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. Ayurmegha also reserves the right to use information provided by or about the End-User for the following purposes:
i. Publishing such information on the Website.
ii. Contacting End-Users for offering new products or services.
iii. Contacting End-Users for taking product and Service feedback.
iv. Analyzing software usage patterns for improving product design and utility.
v. Analyzing anonymized practice information for commercial use.
vi. Processing payment instructions including those through independent third party service providers such as payment gateways, banking and financial institutions, pre-paid instrument and wallet providers for processing of payment transaction or deferral of payment facilities.
If you have voluntarily provided your Personal Information to Ayurmegha for any of the purposes stated above, you hereby consent to such collection and use of such information by Ayurmegha. However, Ayurmegha 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.
§ 3.1.5 Ayurmegha does not control or endorse the content, messages or information found in any Services and, therefore, Ayurmegha 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 Ayurmegha relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Ayurmegha relating to the same.
§ 3.1.6You 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 on our member information page or by contacting us. 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 becomes untrue, inaccurate, out of date or incomplete), or Ayurmegha has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Ayurmegha may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where Ayurmegha 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.
§ 3.1.7 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 email@example.com .
§ 3.1.8 Ayurmegha 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. Ayurmegha 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, Ayurmegha 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 Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, Ayurmegha automatically receives the URL of the site from which anyone visits. Ayurmegha also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Ayurmegha improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, Ayurmegha 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 The Website uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Ayurmegha and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Ayurmegha may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any Personal Information of the User. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Website, but the Website may be limited in the use of some of the features.
§ 3.1.12 Ayurmegha 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 unauthorised access, improper use or disclosure, unauthorised 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, Ayurmegha shall not be held liable for any loss whatsoever incurred by the User.
ii. 3.2PRACTITIONERS NOTE:
This section applies to all Practitioners/ Vaidyas
§ 3.2.1 As part of the registration as well as the application creation and submission process that is available to Practitioners on Ayurmegha, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
§ 3.2.3Practitioners’/ Vaidya’s personally identifiable information, which they choose to provide to Ayurmegha, is used to help the Practitioners/ Vaidyas describe and identify themselves. This information is exclusively owned by Ayurmegha. You will be the owner of your information and you consent to Ayurmegha collecting, using, processing and/or disclosing this information for the purposes hereinafter stated . Ayurmegha may use such information for commercial purposes and in an aggregated or non-personally identifiable 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. Ayurmegha also reserves the right to use information provided by or about the Practitioner/ Vaidya for the following purposes:
i. Publishing such information on the Website.
ii. Contacting Practitioners/ Vaidyas for offering new products or services subject to the telephone number registered with the DNC Registry.
iii. Contacting Practitioners/ Vaidyas for taking product feedback.
iv. Analyzing software usage patterns for improving product design and utility.
v. Analyzing anonymized practice information including financial, and inventory information for commercial use.
§ 3.2.4 Ayurmegha automatically enables the listing of Practitioners’/Vaidyas’ information on its Website for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Practitioner/ Vaidya information listed on Website is displayed when End-Users search for doctors on Website, and the Practitioner information listed on Website is used by End-Users to request for doctor appointments. Any personally identifiable information of the Practitioners listed on the Website is not generated by Ayurmegha and is provided to Ayurmegha by Practitioners/ Vaidyas who wish to enlist themselves on the Website, or is collected by Ayurmegha from the public domain. Ayurmegha displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Practitioners/ Vaidyas to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. Ayurmegha will, however, take reasonable steps to ensure the accuracy and completeness of this information.
§ 3.2.5 Ayurmegha may also display information for Practitioners/ Vadiyas who have not signed up or registered for the Services, provided that the Practitioners have consented to Ayurmegha collecting, processing and/or disclosing their information on the Website. Such Practitioners/ Vaidyas are verified by Ayurmegha or its associates, and Ayurmegha makes every effort to capture accurate information for such Practitioners/ Vaidyas. However, Ayurmegha does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Practitioners.
o 3.CONFIDENTIALITY AND SECURITY
i. 4.1Your Personal Information is maintained by Ayurmegha 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. Ayurmegha 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 Ayurmegha’s business.
ii. 4.2No administrator at Ayurmegha 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. Ayurmegha does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Ayurmegha by sending an email to firstname.lastname@example.org You shall be liable to indemnify Ayurmegha due to any loss suffered by it due to such unauthorized use of your account and password.
iii. 4.3 Ayurmegha never makes all User information accessible to its employees, agents or partners and third parties.
iv. 4.4 Ayurmegha, as a process of its functionality is assisting the doctors to maintain and organise such information. Ayurmegha may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
v. 4.5 Ayurmegha, as process of its functionality is assisting the patients to access information relating to them. Ayurmegha may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
vi. 4.6 Notwithstanding the above, Ayurmegha 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, Ayurmegha 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 Ayurmegha 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.
If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
o 6.CONSENT TO THIS POLICY
o 7.COMMUNICATION FOR PRIVACY QUESTIONS