Privacy Policy

VKonnect Health | Privacy Policy

Effective: 14th May 2020

WhirlingwindSoftwares LLP (" VKonnect Health" ) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our websitefor the purpose of your access to the VKonnect HealthService(s) / Service(s), as provided on our Platform. This Privacy Policy applies to your access to and use of the Platform and the VKonnect Health Services, and by choosing to use them, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within India or internationally.

The Platform gathers certain information from you, the User, with prior consent from the following: Registered Medical Professionals, enrolled on the Platform, patients registered on the Platform and any visitors of the Platform (collectively Users). Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms and Conditions.

As used below, the term "Personal Information" is used to indicate any piece of information or data that can be used to identify any individual. Personal Information may relate to you as a User, or it may relate to the individual that is the subject of any Profile that you create, if you create a Profile for a child, parent or other loved one.

Any other defined term that is not defined in this Privacy Policy has the meaning given to such term in the VKonnect Health Terms as applicable.

CONSENT
The Users will be deemed to have read, understood and agreed to the terms as provided in this Privacy Policy. By granting their assent to this Privacy Policy, Users’ provide consent to such use, collection and disclosure of Personal Information as prescribed in this Privacy Policy.

VKonnect Healthreserves the right, at its sole discretion, to modify this Privacy Policy, at any time and without prior notice. If we modify this Privacy Policy, we will post the modified Privacy Policy and alert you to the modified Privacy Policy on the Platform or will otherwise provide you with notice of the modification. We will also update the "Effective Date" at the top of this Privacy Policy. By continuing to access or use the Platform or the Services after we have posted/published a modified Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Platform and the Services. Information we collect under the old Privacy Policy will remain subject to the old Privacy Policy unless and until you consent to the application of any modified Privacy Policy to such information.

In the event the Services are used on behalf of any other individual (such as a child/ parent etc.), or on behalf of any entity, the Users represent that they are authorized to accept this Privacy Policy and share such data as required on behalf of such person or entity.

LEGAL BASIS

This Privacy Policy (‘‘Privacy Policy’’) is meant to help the Users understand what information we collect, why we collect it, what information we disclose and how the Users can update, manage, export, and delete their information. It shall be read with our Terms and Conditions and in compliance with the following:

• The Information Technology Act, 2000 (“IT Act”)
• The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “IT Rules”)
• The Information Technology (Intermediaries Guidelines) Rules, 2011
• Telemedicine Practice Guidelines i.e., appendix 5 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation), 2002 (the “Telemedicine Guidelines”)

This Policy does not address how Registered Medical Professionals will use and disclose information obtained using our Services or otherwise. If Users would like this information, they can contact the Registered Medical Professionals


THE INFORMATION WE COLLECT

Personal Information & Sensitive Personal Information

All information collected byVKonnectHealth is with the Users’ consent. VKonnect Health is however free to use, collect, and disclose information of the Users which is in the public domain.

When Users use / register on the Platform, the Users may provide VKonnect Health with certain information voluntarily specific to the nature of the service being availed on the Platform and/or certain information may be collected by VKonnect Health. This information may include sensitive personal information as defined under the IT Rules (“Sensitive Personal Information”)

You may browse the Website and download the App without expressly providing us any Personal Information that expressly identifies you. However, in order to make full use of the VKonnect HealthServices as made available via the Platform, you will be required to register with us. When you register with us to create an account and become a User, we will ask you for certain Personal Information. In order to set up your account, you need to provide your email address and you will need to select a password. If you elect to add any other Personal Information to your account we will collect that information and use it and share it as set forth below.

As a User, you may also set up one or more Profiles within theVKonnect HealthServices. The Profile may be personal to you and your healthcare or the subject of the Profile may be a child, parent or other loved one. When you set up a Profile, you will be asked to provide Personal Information about the individual that is the subject of the Profile, whether yourself or your child, parent or other loved one. When you set up a Profile in the VKonnect Health Services, we will collect and store any Personal Information that you may elect to provide to us as part of the Profile Content, which may include but is not limited to medication information, gender, date of birth, personal contacts, photographs and files, notes on your symptoms and other journal information, medical treatment instructions, medical appointments, insurance information, your doctor's address information, advance directives, and prescription refill information. In the event you set up a Profile that relates to someone other than yourself, you are solely responsible for ensure that you have any and all consents and permissions to share that Personal Information with us and to use that information as part of the Services.

You may provide us with Personal Information of a third party caregiver, as contemplated by the VKonnect Health Terms, to access a Profile that you create. If you elect to invite any third party to access a Profile connected to your account, we will ask you for such third party's name and email address. We will send the third party emails inviting him or her to register for our Services. We store this information for the sole purpose of sending this one-time email. We cannot control whether such third party will elect to register for VKonnect Health.

If VKonnect Health has reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete or incomplete, VKonnect Health reserves the right to refuse provision of the Services to the User, at its sole discretion.

Information collected by VKonnect Health shall include, on a case to case basis, but not be limited to the following:

• Name
• Contact Details (Permanent Address, Correspondence Address, Email ID, Mobile No etc.)
• Date of Birth, Nationality
• Age, Gender and other Demographics
• physical, physiological and mental health condition, if applicable and required
• medical records and history, if applicable and required
• data regarding usage of the services and history of the appointments made by or with the Users through the use of Services;
• insurance data, if applicable and required
• qualifications and registration number in case of Registered Medical Professionals
• financial information (like credit card, banking details), if applicable
• biometric information
• location based data

Non-Personal Information

We also collect the following information any time you visit our Website or the VKonnect HealthApp, as applicable. This information may not necessarily identify you, but if we have your Personal Information, or you otherwise set up an account with us, we may link any of the below non-personal information with your Personal Information in our records.

• Browser Log Data: When you visit the Website, whether as a User or a non-registered user just browsing the Website, our servers automatically record information that your browser sends whenever you visit a website ("Browser Log Data"). This Browser Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, operating system or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, access times and dates, and other statistics. We use this information to monitor and analyze the use of the Website and for the Website's technical administration, to increase our Website's functionality and user-friendliness, and to better tailor it to our visitors' needs. For example, we use this information to verify that visitors to the Website meet the criteria required to process their requests. We do not treat Browser Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. • Cookies: The Website uses "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Website. Second, we utilize session ID cookies to enable certain features of the Website, to better understand how you interact with the Website and to monitor aggregate usage by users and web traffic routing on the Website. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Website and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions or functionalities of the Website.

• App Usage Data: When you use the VKonnect Health App, whether as a User or a non-registered user, our servers automatically record information that your mobile device sends whenever you use an Internet service ("App Usage Data"). This App Usage Data may include information such as your computer's IP address, device model and version, device identifier, operating system, time zone, name of your mobile operator or ISP, application performance measurements, and error conditions. It may also include a record of when specific features of the VKonnectHealth App or VKonnect Health Service is used. We use this information to monitor and analyze use of the VKonnectHealth App and VKonnect Health Service and for their technical administration, to increase their functionality and user-friendliness, and to better tailor them to our visitors' needs. For example, we use this information to measure the popularity of different features and to more effectively resolve customer issues. Except in response to a customer support request, we do not treat App Usage Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. • Location Information: The App, with your consent, may access your location. VKonnect Health will only access your location services while you are using the App and provided you have opted in to activate this feature. You may choose to allow VKonnect Health to access your location by granting the App access to your device's location, when prompted by the App, or through your device's location services settings. VKonnect uses the Google Places API(s) for location searches and as a result is using the Google Maps/Google Earth API(s).

HOW WE USE YOUR INFORMATION
• We do not sell your Personal Information.
• The key features of VKonnect Health include assisting Registered Medical Professionals and Users to access information relating to them and each other. VKonnect may, therefore, retain and submit all such records to the relevant Users, or to their respective Registered Medical Professionals
• We will use any Personal Information in your account as well as any Profile Content to provide the VKonnect Services, complete your transactions, administer your inquiries, and present you with offers for products and services that we think may be of use or interest to you.
• If you set up a medications list in a Profile by scanning or adding any existing prescription medications to a Profile, and you have elected to share your location with us, we can help you locate the contact information and/or address of the prescribing physician or practice, which you can then elect to add to the applicable Profile.
• For Users Who Register On Or After March 01, 2016 Only: If you set up a medications list in a Profile by scanning or adding any existing prescription medications to a Profile, we may share your name and date of birth with your existing pharmacy for the purpose of registering a prescription discount card on your behalf. That information will be used solely so that your pharmacy can identify your account so that you are eligible to obtain cost saving benefits via a prescription discount card.
• We may aggregate and combine all Personal Information that we receive through your User accounts and your Profiles with the information of other Users and Profiles. We use this anonymous information to attempt to provide you with a better experience, to improve the quality and value of our services and to analyze and understand how our Website, VKonnect Health App and VKonnect Health Services are used.

INFORMATION SHARING AND DISCLOSURE

• Caregivers:
In the event that a third party caregiver registers for access to VKonnect Health Services pursuant to an invitation issued by your account, we will provide them with access to all Profiles related to such account. We cannot control how any caregiver may use or disclose or otherwise exploit any Personal Information or other Profile Content that you may elect to make available to such third party. You expressly release VKonnect Health from any responsibility and liability resulting from any third party access to any Personal Information or Profile Content that you may permit. Any information you choose to provide and make available to third parties via VKonnect Health should reflect how much you want others to know about you and the individual(s) whose information is in your Profile.
• Other Third Parties: If you elect to use or otherwise take advantage of some of the other third party services that we may provide and make available to you, we will share your Personal Information as is required by such third party with such third party.
• Aggregate Information and Non-Identifying Information:
We may share aggregated information that does not include Personal Information and we may otherwise disclose non-Personal Information with third parties for industry analysis, demographic profiling and other purposes.
• Service Providers:
We will disclose Personal Information to the third party service providers that we engage to assist us in making the Website, VKonnect Health App and VKonnect Health Services available. These service providers consist of our data center provider, storage provider, customer support system provider, email service providers, and software development contractors. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
• Compliance with Laws and Law Enforcement: We take the protection of your private health information very seriously. In the event that we receive any subpoena or similar request from a court, government or law enforcement official, we will only disclose any Personal Information about you or other information in our custody or control as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of VKonnect Health or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity. Given the sensitivity of the Personal Information within your Profiles, it is our policy to carefully review any such request for information in our systems and we will decline to comply with any such request in our discretion.
• Business Transfers:
VKonnect Health may sell, transfer or otherwise share some or all of its assets, including your Personal Information and related account, Profiles and Profile Content, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy. We shall notify you of the details in relation to the transfer of your Personal Information in such event.

TRANSACTIONAL OR BILLING INFORMATION

Based on your purchase of a subscription or paid Service, our payment gateway partner may collect information, including but not limited to, your credit/debit card details or other bank account details along with your billing address. This information is stored by the payment gateway partner. For instance, the Services will be using third party payment gateway partners to process and facilitate the payment of your subscription fee to the Services for providing you access to the subscription; such payment gateway partners are not controlled by us. When you visit such payment gateways you do so at your own risk. We encourage you to familiarize yourself with the privacy statements provided by such payment gateways prior to providing them with information about you or entering into any transactions with them. We do not assume any responsibility or liability for such payment gateways, the content of such payment gateways and their privacy practices, nor do we endorse them.

We may receive financial or transactional information (for e.g., transaction ID, order ID etc.) from third party vendors in case of payments, for reconciliation and validation of transactions and also for the purpose of resolutions of complaints (in case of failed transactions and refunds)

CHANGING OR DELETING YOUR INFORMATION

All Users may review, update, correct or delete their account information and any associated Personal Information or Profile Content by contacting us or by accessing VKonnect Health. If you would like to close your account or delete any Profile from your account, please contact us .We will use commercially reasonable efforts to honor your request. We will retain an archived copy of your records as set forth below.

DATA RETENTION

We will retain the information you provide via our Website or the VKonnect HealthApp for as long as your account is active or as needed to provide you with the VKonnect HealthServices. We will also retain and use the Personal Information you provide via our Website or VKonnect Health App, as necessary to comply with our legal obligations. If you delete your account or any Profile, any Personal Information associated with the same is moved out of our active databases, but will still be retained in our systems pursuant to our data backup and retention policies.

DO NOT TRACK SIGNALS AND AD NETWORKS

Our Website does not have the capability to respond to "Do Not Track" signals received from various web browsers. At this time, we do not participate in any third party service that tracks users across websites and over time.

SECURITY — HOW WE PROTECT YOUR DATA

All communications between you and the Website orVKonnect Health App is encrypted using the highest level of encryption available to us on your device. We use industry-standard AES encryption for stored data. We have implemented best industry practices and security policies, rules and technical measures to protect the data including Sensitive Personal Information that is under VKonnect Health’s control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss

IDENTITY THEFT

Identity theft is of great concern toVKonnectHealth . Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your login information, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, we shall not be held liable for any loss whatsoever incurred by the User.

SECURITY BREACH

We use commercially reasonable efforts to maintain the confidentiality, availability, and integrity of any information we collect, but we cannot assure that the use of the Website, VKonnect Health App or VKonnect Health Services are secure or that your Personal Information or any other data that we may have will be secure. In the event we become aware of a security incident, we will notify you to the extent required under applicable law.

REPORTING A PROBLEM

If you feel your account may have been compromised, or you discover abuse or misuse of Services, the Website or the VKonnect Health App, please report it immediately and we'll investigate.

INTERNATIONAL TRANSFER

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside India and choose to provide information to us, VKonnect Healthtransfers Personal Information to India and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

LINKS TO OTHER WEBSITES

Our Website may contain links to other websites or applications (for e.g., links to payment gateways for payment of subscription fees). If you choose to click on a third party link, you will be directed to that third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Additionally, the Platform may allow for certain content generated by the User, which can be accessed by other Users. Such Users, including any moderators or administrators, are not authorized representatives or agents of VKonnect Health and their opinions or statements do not necessarily reflect those of VKonnect Health and we are not bound thereby to any contract to that effect. VKonnect Health expressly disclaims any liability for any reliance or misuse of such information that is made available by the Users

OUR POLICY TOWARD CHILDREN

If you have created a Profile for a minor under the age of 18, you represent and warrant to us at VKonnect Health that you are the parent or legal guardian for that minor with a right to provide us the Personal Information of that minor. The information and features provided on Website and VKonnect Health Apps are not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. If we become aware that a child under 18 has provided us with Personal Information, without the consent of a parent or legal guardian, then we will delete such information from our files.

RIGHTS OF THE USERS

As a User, VKonnect Health grants complete control of the information submitted. The rights pertaining thereto are enumerated below:

• The right to access, update, or delete the information We have on the User: This can be done through the User’s account settings available on the Platform.
• The right of rectification: Users have the right to have their information rectified if that information is inaccurate or incomplete.
• The right to object and restrict: Users can object and restrict the processing of their Sensitive Personal Information. This may however, interfere with the provision of Services to its optimum.
• The right to data portability: Users have the right to be provided with a copy of the information We have on you in a structured, machine-readable, and commonly used format.
• The right to withdraw consent: Users have the right to withdraw their consent at any time where consent is given pertaining to Sensitive Personal Information.

Please note that the exercise of any of these rights may result in you not being able to use our Services, as it may result in us not being able to continue providing Services to you based on our access to your details pursuant to your exercise of some or all of the rights provided above. Please note that the rights provided herein are only available to Users in relation to the Services provided by VKonnect Healthand such rights are limited by statements regarding disclaimers made in relation to third party links and services, throughout this Privacy Policy. Please note that Users may be asked to verify identity before responding to such requests. If the Users are unable to perform these actions themselves, please get in touch with the Grievance Officer for assistance.