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Elixir Softlab Solutions Private Limited("hCue") is an internet based service provider which, through its website [.] (the "Website") and mobile applications (the "Mobile Applications") facilitates the interaction betweenspecialised healthcare providersincluding, but not restricted to, healthcare practitioners such as doctors, diagnostic centres etc. ("Healthcare Providers") and recipients ("Healthcare Recipients").
This privacy policy (the "Privacy Policy") describes hCue's policies and procedures on the collection, use and disclosure of the information provided by Healthcare Providers, Healthcare Recipients and Visitors (as defined herein below) of the Websites and the Mobile Applications (together referred to as "Users", as the context may require). hCue shall not use the User's information in any manner except as provided under this Privacy Policy. Every User who accesses or uses the Websites or the Mobile Applications shall be bound by this Privacy Policy.
This privacy policy (the "Privacy Policy") describes hCue's policies and procedures on the collection, use and disclosure of the information provided by Healthcare Providers, Healthcare Recipients and Visitors (as defined herein below) of the Websites and the Mobile Applications (together referred to as "Users", as the context may require). hCue shall not use the User's information in any manner except as provided under this Privacy Policy. Every User who accesses or uses the Websites or the Mobile Applications shall be bound by this Privacy Policy.
This Privacy Policy is published in compliance of:
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 ("SPI Rules"); and
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
3.2. This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means and modes of usage of such information and how and to whom hCue shall disclose such information.
4.1. In accordance with the SPI Rules, any sensitive personal data or information of a person means and includes such 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;
Biometric information; and
Information received by body corporates under lawful contract or otherwise.
It may be noted that any information that is freely available in the public domain or accessible under the Right to Information Act, 2005, or any other law will not be regarded as sensitive personal data or information.
A condition of each User's use of and access to the Website, Mobile Applications and to other services provided by hCue to Users (collectively referred to as the "Services"), is his/her/its acceptance of the terms of use available at [.] ("Terms of Use"), which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree with any provisions of the Terms of Use or this Privacy Policy is required to leave the Website or the Mobile Applications, as the case may be.
5.2. While browsing the Website and/or the Mobile Applications, a User is not required to provide personal information as set out under paragraph 4.1("Personal Information") until and unless such User chooses to avail or sign up for any of the Services in line with the registration process set out under the Terms of Use. All the information provided to hCue by a User, including Personal Information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User's duty to ensure strict caution while giving out any personally identifiable information about himself/herself/itself or his/her family members in use of any of the Services. hCue does not endorse the content, messages or information found in any Services and therefore, hCue specifically disclaims any liability with regard to the Services and any actions resulting from the User's participation in any Services. As a condition to use the Services, you as a User agree to waive any claims against hCue relating to the same, and to the extent such waiver may be ineffective, you agree to release any claims against hCue relating to the same.
Users can access, modify, correct and eliminate the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If the User updates any of his/her/its information, hCue reserves the right to retain a copy of the information which the User had originally provided to hCue for documentation and record purposes. Any grievances in relation to the information shared by the User with hCue may be brought to the attention of hCue by dropping an email to hCue on [.].
For the use of the Services, you may be required to pay hCue with a credit card, wire-transfer, or debit card and hCue may be required to collect certain financial information from you including, but not restricted to, your credit or debit card number (collectively referred to as "Financial Information"). hCue will collect such User's Financial Information and will use that information only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which hCue shall have no role to play.
The Financial Information collected from the Users is transacted through highly secure digitalplatforms of approved payment gateways which are under encryption, thereby complying with state-of-the-art technology standards. While hCue shall take every endeavor to ensure that the User's Personal Information and the Financial Information is duly protected, the User is strongly advised to exercise discretion while providing Personal Information or Financial Information while using the Services given that the internet is susceptible to security breaches.
Due to the communications standards on the internet, when a User visits the Website, hCue automatically receives the uniform resource locator of the site from which such User visits the Website and details of the website such User is visiting on leaving the Website. hCue also receives the internet protocol ("IP") address of each User's computer resource (or the proxy server a User used to access the internet), the User's computer operating system and type of web browser the User is using, email patterns, as well as the name of the User's internet service provider. This information is used solely to analyse overall User trends and to help hCue in improving its Services. Please note that the link between the User's IP address and the User's personally identifiable information is not shared with third parties without such User's permission or except when required by law or except when required to provide or facilitate the User with the Services. Notwithstanding the above, the User acknowledges hCue's right to share some of the aggregate findings and not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business.
The Website and the Mobile Applications use temporary cookies to store certain data. hCue does not store personally identifiable information in the cookies. Information collected by hCue, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by hCue and may be used by hCue and third party service providers for technical administration of the Websites, Mobile Applications, user administration, research, development, business development, statistical analysis and business intelligence purposes. Additionally, hCue may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties, associates and affiliates.
A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Websites or the Mobile Applications. Merely closing the web browser should ordinarily clear all temporary cookies installed by hCue. However, Users are encouraged to use the "clear cookies" functionality of their browsers to ensure deletion, as hCue cannot guarantee, predict or provide for the behavior of the equipment of all the Users of the Website or the Mobile Applications, as the case may be.
hCue may allow other companies or entities to serve advertisements to Users. These companies or entities include third party advertisement servers, advertisement agencies, advertisement technology vendors and research firms. hCue may target some advertisements to Users that fit a certain general profile. hCue does not use personally identifiable information to target advertisements to specific Users. In the course of serving advertisements or optimising the Services to its Users, hCue may allow authorised third parties to place or recognise a unique cookie on the User's browser.
This Privacy Policy applies to the Websites, Mobile Applications and Services that are owned and operated by hCue. hCue does not exercise control over the websites displayed as search results or links from within the Services. These other sites may place their own cookies or other files on the Users' computer, collect data or solicit Personal Information or Financial Information from the Users, for which hCue shall not be held responsible or liable. hCue does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does hCue guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by hCue of such websites, the websites' provider, or the information on the website.
When a User visits or uses the Website or the Mobile Applications by or through a mobile device, hCue may access, collect, monitor and/or remotely store data in relation to the User's location, which may also include global positioning system coordinates or similar information regarding the location of the mobile device. The location data does not collect or share any personally identifiable information about the User.
hCue may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research and development, training, business intelligence, business development, or for User administration. hCue may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.
The Website and the Mobile Applications allow Healthcare Providers and Healthcare Recipients to communicate with each other or to post information to be accessed by the Healthcare Providers or the Healthcare Recipients, whereupon the Healthcare Providers or the Healthcare Recipients may collect such data. hCue hereby expressly disclaims any liability for any misuse of such information that is made available by Users in such a manner, neither does hCue warrant or guarantee any such data or communication.
hCue does not collect information about the Users of the Websites and the Mobile Applications from other sources such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users.
hCue may choose to conduct contests and surveys to collect relevant information about the Users' preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides in the registration process and through any surveys or contests is used to help hCue improve its services to meet the needs and preferences of Users.
5.16. hCue does not knowingly collect personal data from children (only persons above the aged of 18 (eighteen) shall be permitted to use the Services as provided in the Terms of Use). In an event, where in contravention of the Terms of Use, a person below the age of 18 (eighteen) uses the Services, hCue shall not be held liable or responsible for any damage or injury suffered by such person in logging into the Website or the Mobile Application and making use of the Services.
hCue has implemented industry standard security policies, rules and technical measures to protect the Financial Information and Personal Information that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. It is expressly stated that hCue shall not be responsible for any breach of security or for any action of any third parties that receive Users' personal data or events that are beyond the reasonable control of hCue including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
hCue shall not disclose any Personal Information or Financial Information to governmental institutions or authorities unless such disclosure is requisitioned under any law or judicial decree or when hCue, 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.
hCue may share/use Personal Information provided by Users with its subsidiaries and third party service providers for the purposes of:
enabling Users to enjoy the Services; or
Detecting and preventing identity theft, fraud and other potentially illegal acts.
hCue may also disclose or transfer the personal and other information provided by Users, to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of the company. Any third party to which hCue transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to hCue.
All hCue employees and data processors, who have access to, and are associated with the processing of Personal Information or Financial Information provided by Users are obliged to respect the confidentiality of every User's Personal Information or Sensitive Information.
The Users acknowledge that this Privacy Policy forms a part of the Terms of Use and unconditionally agree that on becoming a User of the Website, Mobile Applications and hCue's Services, the Users signify their assent to this Privacy Policy. The User's visit to the Website, use of the Mobile Applications and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. hCue may update this Privacy Policy at any time, with or without advance notice. hCue shall not be required to notify the Users of any changes made to this Privacy Policy.
All information collected from the Users by hCue is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of hCue. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, hCue shall make every endeavor to ensure that the User information is rendered confidential, and will disclose User information only in accordance with the terms of this Privacy Policy.
As part of the registration process that is available to Healthcare Providers on the Website or Mobile Applications, certain information including Personal Information or Financial Information may be collected from the Healthcare Providers. The privacy statements set out herein shall apply to all Healthcare Providers and all Healthcare Providers are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Financial Information to hCue, failing which they are required to leave the Website or the Mobile Applications immediately.
The personally identifiably information Healthcare Providers choose to provide on the Website is used to help the Healthcare Providers describe and identify themselves. This information is exclusively owned by hCue and hCue reserves the right to use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis, development, business intelligence purposes, business development, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties, associates and affiliates.
7.1. No Personal Information or Financial Information is automatically collected from any visitors of the Website or the Mobile Applications who are merely perusing or browsing the Website or Mobile Applications ("Visitor"). Nevertheless, certain provisions of this Privacy Policy are applicable to Visitors, and Visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave the Website and/or the Mobile Applications immediately.
A User will not merely be a Visitor if the User has willingly submitted any Personal Information or Financial Information (including phone numbers, email addresses, responses to surveys, etc.) to hCue through any means, including email, telephone calls, telephonic messaging or through the registration process on the Website or the Mobile Applications. 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 shall apply to the User.
If you, as a Visitor, have inadvertently browsed any other pages of the Website or the Mobile Applications prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this application on your browser should ordinarily clear all temporary cookies installed by hCue. All Visitors, however, are encouraged to use the "clear cookies" functionality on their browsers to ensure such clearing or deletion, as hCue cannot guarantee, predict or provide for the behavior of the equipment of all the Visitors of the Website or the Mobile Applications.
The subsidiaries and third party service providers with whom hCue may share Personal Information or Financial Information provided by Users are not permitted to market their own services or send promotional e-mails or engage in promotional communication with the Users. hCue provides all Users with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners. These settings can be found on Website or Mobile Applications.
If a User wishes to remove his/her/its contact information from all hCue's lists and newsletters, the User can click on the "unsubscribe" link or follow the instructions in each e-mail message. Alternatively, the User can contact hCue at [?]. hCue reserves the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.
