emHealth: PRIVACY POLICY

Privacy Policy

EM Hospital (“us”, “we”, or “EMH”) is the author and publisher of the internet resource www.emhealth.in (“Website”) on the world wide web as well as the software and applications provided by EMH (together with the Website, referred to as the “Services”).

This privacy policy ("Privacy Policy") explains how we collect, use, share and protect personal information about the Users of the Services, including the Practitioners (as defined in the Terms of Use), the End-Users (as defined in the Terms of Use), the Diagnostic/Lab Centers (as defined in the Terms of Use), and the visitors of Website (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 CONFIRMING THAT YOU ARE BOUND BY THIS PRIVACY POLICY (BY THE MEANS PROVIDED ON THIS WEBSITE), BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING 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 ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

  1. WHY THIS PRIVACY POLICY?

  2. This Privacy Policy is published in compliance with, inter alia:
    1. Section 43A of the Information Technology Act, 2000;

    2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and

    3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.


    This Privacy Policy states the following:
    1. The type of information collected from the Users, including sensitive personal data or information;

    2. The purpose, means and modes of usage of such information; and

    3. How and to whom EMH will disclose such information.



  3. COLLECTION OF PERSONAL INFORMATION

  4. 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, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

    1. contact data (such as your email address and phone number);
    2. demographic data (such as your gender, your date of birth and your pin code);
    3. data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
    4. insurance data (such as your insurance carrier and insurance plan); and
    5. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
    6. personal medical data (such as medical history, prescriptions, medicine history etc) .

    The information collected from you by EMH 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 with 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:

    1. passwords;
    2. financial information such as bank accounts, credit and debit card details or other payment instrument details;
    3. physical, physiological and mental health condition;
    4. sexual orientation;
    5. medical records and history;
    6. biometric information;
    7. information received by body corporate under lawful contract or otherwise;
    8. visitor details as provided at the time of registration or thereafter; and
    9. call data records.

    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 personal information or sensitive personal data or information.

  5. PRIVACY STATEMENTS

  6. 3.1 ALL USERS NOTE:

    This section applies to all Users.
    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 EMH immediately.

    2. An indicative list of information that EMH may require you to provide to enable your use of the Services is provided in the Schedule annexed to this Privacy Policy.

    3. All the information provided to EMH by a User, including sensitive personal information, is voluntary. You understand that EMH may use certain information of yours, which has been designated as ‘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, for (c) for sale or transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. EMH also reserves the right to use information provided by or about the End-User for the following purposes:

      1. Publishing such information on the Website.
      2. Contacting End-Users for offering new products or services.
      3. Contacting End-Users for taking product and Service feedback.
      4. Analyzing software usage patterns for improving product design and utility.
      5. Analyzing anonymized practice information for commercial use.

      You hereby consent to such use of such information by EMH.

    4. Collection of information which has been designated as ‘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 collection as required under applicable law. Our Services may be unavailable to you in the event such consent through an email is not given.

    5. EMH does not control or endorse the content, messages or information found in any Services and, therefore, EMH 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 EMH relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against EMH relating to same.

    6. 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 on our member information page or by contacting us through support@emhealth.in. 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 EMH has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, EMH may, at its sole discretion, discontinue the provision of the Services to you.

    7. You may choose to unsubscribe from promotional communications that you receive from EMH by requesting to support@emhealth.in

    8. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through support@emhealth.in. 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 analytic purposes.

    9. 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@emhealth.in

    10. EMH 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. EMH 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, EMH 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.

    11. Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, EMH automatically receives the URL of the site from which anyone visits. EMH 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 EMH improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with third parties. Notwithstanding the above, EMH may share 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.

    12. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by EMH 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, EMH 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.

    13. A User may have limited access to the Website and make appointments with the doctors and diagnostic centers without creating an account on the Website. Unregistered Users can make appointments with the doctors and diagnostic centers by providing their name and phone number. In order to have access to all the features and benefits on our Website, a User must first create an account on our Website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including EMH, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from EMH, is optional. EMH may, in future, include other optional requests for information from the User to help EMH to customize the Website to deliver personalized information to the User. However, EMH assumes your consent in relation to various matters, once you complete the registration process.

    14. This Privacy Policy applies to Services that are owned and operated by EMH. EMH does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which EMH is not responsible or liable. Accordingly, EMH does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does EMH 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 EMH of the website, the website's provider, or the information on the website. If you decide to visit a third party website linked to the Website, you do this entirely at your own risk. EMH encourages the User to read the privacy policies of that website.

    15. The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized EMH representatives or agents, and their opinions or statements do not necessarily reflect those of EMH, and they are not authorized to bind EMH to any contract. EMH hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.

    16. EMH does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each End User must agree to under the terms of use in order for EMH to effectively render the Services).

    17. EMH maintains a strict "No-Spam" policy, which means that EMH does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.

    18. EMH has implemented 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, EMH shall not be held liable for any loss whatsoever incurred by the User.


    3.2 LAB CENTERS/DIAGNOSTIC CENTERS NOTE:

    This section applies to all Lab Centers/Diagnostics Centers.

    1. As part of the registration as well as the application creation and submission process that is available to Lab Centers/Diagnostics Centers on EMH, certain information, including sensitive personal data or information is collected from the Lab Centers/Diagnostics Centers.

    2. All the statements in this Privacy Policy apply to all Lab Centers/Diagnostics Centers, and all Lab Centers/Diagnostics Centers are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to EMH, failing which they are required to leave the Services, including the Website immediately.

    3. Lab Centers/Diagnostics Centers personally identifiable information, which they choose to provide to EMH, is used to help the Lab Centers/Diagnostics Centers describe and identify themselves. This information is exclusively owned by EMH. EMH 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. EMH also reserves the right to use information provided by or about the Lab Centers/Diagnostics Centers for the following purposes:

      1. Publishing such information on the Website.

      2. Contacting Lab Centers/Diagnostics Centers for offering new products or services.

      3. Contacting Lab Centers/Diagnostics Centers for taking product feedback.

      4. Analyzing software usage patterns for improving product design and utility.

      5. Analyzing anonymized practice information including financial, and inventory information for commercial use.

    4. EMH automatically enables the listing of Lab Centers/Diagnostics Centers information on its Website for every Lab Centers/Diagnostics Centers added to the listing using its software. The Lab Centers/Diagnostics Centers information listed on Website is displayed when End-Users search for Lab Centers/Diagnostics Centers on Website, and the Lab Centers/Diagnostics Centers information listed on Website is used by End-Users to request for Lab Centers/Diagnostics Centers appointments and order tests etc. Any personally identifiable information of the Lab Centers/Diagnostics Centers listed on the Website is not generated by EMH and is provided to EMH by Lab Centers/Diagnostics Centers who wish to enlist themselves on the Website, or is collected by EMH from the public domain. EMH displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. EMH will, however, take reasonable steps to ensure the accuracy and completeness of this information.

    5. EMH also displays information for Lab Centers/Diagnostics Centers who have not signed up or registered for the Services. Such Lab Centers/Diagnostics Centers are verified by EMH or its associates, and EMH makes every effort to capture accurate information for such Practitioners. However, EMH does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Lab Centers/Diagnostics Centers.


    3.3 PRACTITIONERS NOTE:

    This section applies to all Practitioners.

    1. As part of the registration as well as the application creation and submission process that is available to Practitioners on EMH, certain information, including sensitive personal data or information is collected from the Practitioners.

    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 sensitive personal data or information to EMH, failing which they are required to leave the Services, including the Website immediately.

    3. Practitioners’ personally identifiable information, which they choose to provide to EMH, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by EMH. EMH 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. EMH also reserves the right to use information provided by or about the Practitioner for the following purposes:

      1. Publishing such information on the Website.

      2. Contacting Practitioners for offering new products or services.

      3. Contacting Practitioners for taking product feedback.

      4. Analyzing software usage patterns for improving product design and utility.

      5. Analyzing anonymized practice information including financial, and inventory information for commercial use.

    4. EMH automatically enables the listing of Practitioners’ information on its Website for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Practitioner information listed on Website is displayed whenEnd-Users search for doctors on Website, and the Practitioner information listed on Website is used byEnd-Users to request for doctor appointments. Any personally identifiable information of the Practitioners listed on the Website is not generated by EMH and is provided to EMH by Practitioners who wish to enlist themselves on the Website, or is collected by EMH from the public domain. EMH displays such information on its Website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. EMH will, however, take reasonable steps to ensure the accuracy and completeness of this information.

    5. EMH also displays information for Practitioners who have not signed up or registered for the Services. Such Practitioners are verified by EMH or its associates, and EMH makes every effort to capture accurate information for such Practitioners. However, EMH does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Practitioners.


    3.4 END-USERS NOTE:

    This section applies to all End-Users.

    1. As part of the registration/application creation and submission process that is available to End-Users on this website, certain information, including sensitive personal data or information is collected from the Users.

    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 sensitive personal data or information to EMH, failing which they are required to leave the EMH immediately.

    3. If you have inadvertently submitted any such information to EMH prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, 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 support@emhealth.in, inquire whether EMH is in possession of your personal data, and you may also require EMH to delete and destroy all such information.

    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 theEnd-Users as an individual, is collected by EMH from End-Users (such as, patterns of utilization described above) and is exclusively owned by EMH. EMH may also use such information in an aggregated ornon-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-personallyidentifiable form to third parties and affiliates. In particular, EMH reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:

      1. Analyzing software usage patterns for improving product design and utility.

      2. Analyzing such information for research and development of new technologies.

      3. Using analysis of such information in other commercial product offerings of EMH.

      4. Sharing analysis of such information with third parties for commercial use.

    5. EMH will communicate with the End-Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. TheEnd-Users can change their e-mail and contact preferences at any time by logging into their "Account" at www.emhealth.in and changing the account settings.

    6. At times, EMH conducts a User survey to collect information about End- Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, EMH may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that EMH collects in the registration process and through surveys is used to help EMH improve its Services to meet the needs and preferences of End-Users. This may include targeting advertising to End-Users about our Services.

    7. EMH 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 and Lab Centers/Diagnostic Centers.

    8. All EMH 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’ sensitive personal data and information.

    9. EMH may also disclose or transfer End-Users’ personal and other information a User provides, to a third party as part of reorganization or a sale of the assets of a EMH corporation division or company. Any third party to which EMH 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.

    10. To the extent necessary to provide End-Users with the Services, EMH may provide their personal information to third party contractors who work on behalf of or with EMH to provide End-Users with such Services, to help EMH communicate with End-Users or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies.


    3.5 CASUAL VISITORS NOTE:
    1. No sensitive personal data or information is automatically collected by EMH from any casual visitors of this website, who are merely perusing the site.

    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. 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, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by EMH. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as EMH cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.

    4. You are not a casual visitor if you have willingly submitted any personal data or information to EMH 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.

  7. CONFIDENTIALITY AND SECURITY
    1. Your Personal Information is maintained by EMH 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. EMH 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 EMH’s business.

    2. EMH makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.

    3. Part of the functionality of EMH is assisting the doctors and lab/diagnostic centers to maintain and organise such information. EMH may, therefore, retain and submit all such records to the appropriate authorities, or to doctors and lab/diagnostic centers who request access to such information.

    4. Part of the functionality of the EMH is assisting the patients to access information relating to them. EMH may, therefore, retain and submit all such records to the relevant patients, or to their doctors.

    5. Notwithstanding the above, EMH 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, EMH 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 EMH including, 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.

  8. CHANGE TO PRIVACY POLICY
  9. EMH may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way EMH treats User’s personally identifiable information, or in the Privacy Policy itself, EMH will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. 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@emhealth.in to deactivate your account. Unless stated otherwise, EMH’s current Privacy Policy applies to all information that EMH has about You and Your account.

    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.

  10. CHILDREN'S AND MINOR'S PRIVACY
  11. EMH 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. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.

  12. CONSENT TO THIS POLICY
  13. You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website and its Services signifies your assent to this Privacy Policy. Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.

  14. ADDRESS FOR PRIVACY QUESTIONS
  15. Should you have questions about this Privacy Policy or EMH's information collection, use and disclosure practices, you may contact us at the address: support@emhealth.in. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to:


Mr. Ashok Anand

EM Hospital

Address:
20,Mangali 1st Street, Arumbakkam,
Chennai - 600 106.
Phone: +91 95668 95668
Email: support@emhealth.in