User (as defined herein) privacy is of paramount importance to Cognidoc Healthtech Private Limited ("Dockare" / "Dockare SMART" / "Dockare Pro" / "we" / "us", including its affiliates/group companies).
Dockare has designed and developed a mobile/website based application (“Dockare App”), designed to run on personal computers, smartphones and tablets and the Dockare App facilitates interaction between its registered users for availing or providing patient monitoring and medical consultancy services and other ancillary services from its partner healthcare providers (hereinafter referred to as the “Services”).
COLLECTION AND USE OF PERSONAL INFORMATION
Certain Services provided on the Dockare App require us to know who you are so that we are more equipped to service your requirements. 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 Dockare. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
- contact details (such as your email address and phone number);
- demographic details (such as your gender, your date of birth and your pin code);
- details regarding your usage of the services and history of the appointments made by or with you through the use of Services;
- insurance details (such as your insurance carrier and insurance plan);
- Patient history / examination findings / investigation reports / past records / documents / images / diagnostics;
- real-time symptoms faced by the Patient, the Patient’s real-time ratings of the symptoms and the vitals of the Patient; and
- other information that you voluntarily choose to provide to us with in any manner whatsoever.
The information collected from you by Dockare may constitute ‘Personal Information’ or ‘Sensitive Personal Data or Information’ under the Rules.
“Personal Information” is defined under the 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 Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:
- 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;
- information received by body corporate under lawful contract or otherwise;
- visitor details as provided at the time of registration or thereafter; and
- call data records.
Dockare will be free to use, collect and disclose information that is freely available in the public domain without your consent.
General conditions applicable to all Users
- ii. All the information provided to Dockare by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Dockare may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the Rules, (a) for the purpose of providing you the Services, (b) for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Healthcare Associates and their practice, (c) debugging customer support related issues, (d) 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. Dockare also reserves the right to use information provided by you for the following purposes:
- Publishing such information on the Dockare App.
- Contacting Users for taking product and Service feedback.
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized practice information for commercial use.
If you have voluntarily provided your Personal Information to Dockare for any of the purposes stated above, you hereby consent to such collection and use of such information by Dockare. However, Dockare shall not contact you on your telephone number(s) for any purpose, if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the Personal Data Protection Act, 2012, without your express, clear and un-ambiguous written consent.
- Dockare does not control or endorse the content, messages or information found in any Services and, therefore, Dockare 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 Dockare relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Dockare relating to the same.
- 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 [email protected]. 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 Dockare has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Dockare may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where Dockare 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.
- If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through [email protected]. 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. Please note that your withdrawal of consent, or cancellation of account may result in Dockare being unable to provide you with its Services or to terminate any existing relationship Dockare may have with you.
- 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 protected].
- Dockare 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. Dockare 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, Dockare provides you an option not to save your payment details. User is advised, however, that internet technology is not completely proof safe and User should exercise discretion on using the same. Dockare shall not undertake any liability of any nature for any incidents occurring out of the use of online payment methods by the User.
- Due to the communications standards on the Internet, when a User or anyone who visits the Dockare App, Dockare automatically receives the URL of the site from which anyone visits. Dockare 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 Dockare 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, Dockare 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.
- The Dockare App uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Dockare and its service providers for the technical administration of the Dockare App, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Dockare 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 Dockare App, but the Dockare App may be limited in the use of some of the features.
- Identity theft and the fraudulent practice currently known as "phishing" are of great concern to Dockare. Phishing is an attempt to acquire Personal Information / Sensitive Personal Data or Information which the legitimate organization already has. Safeguarding your information to help protect you from identity theft is our top priority. We do not and will not, at any time, request your credit card information or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
- As part of the registration/application creation and submission process that is available to Users on this Dockare App, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Patients.
- In order to have access to all the features and benefits on our Dockare App, a User must first create an account on our Dockare App. 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 Dockare, 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 if any requested on the registration page, including the ability to receive promotional offers from Dockare, is optional. Dockare may, in future, include other optional requests for information from the User to help Dockare to customize the Dockare App to deliver personalized information to the User.
- The Dockare App 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 Dockare representatives or agents, and their opinions or statements do not necessarily reflect those of Dockare, and they are not authorized to bind Dockare to any contract. Dockare 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.
- Dockare maintains a strict "No-Spam" policy, which means that Dockare does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
- Dockare 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, Dockare shall not be held liable for any loss whatsoever incurred by the User.
- Dockare implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Dockares’ business.
- If you have inadvertently submitted any such information to Dockare prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the Dockare App. In addition, you can, by sending an email to [email protected], inquire whether Dockare is in possession of your Personal Information, and you may also request Dockare to delete and destroy all such information.
- User’s personally identifiable information, which they choose to provide on the Dockare App is used to help the Users describe/identify themselves. Other information that does not personally identify the Users as an individual or an entity, is collected by Dockare from Users (such as, patterns of utilization described above) and is exclusively owned by Dockare. Dockare may also use such information 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. In particular, Dockare reserves with it the right to use anonymized User demographics information and anonymized Patient health information for the following purposes:
- Analyzing software usage patterns for improving product design and utility.
- Analyzing such information for research and development of new technologies.
- Using analysis of such information in other commercial product offerings of Dockare.
- Sharing analysis of such information with third parties for commercial use
- Dockare will communicate with the User through email, phone and notices posted on the Dockare App or through other means available through the service, including text and other forms of messaging. Users can change their e-mail and contact preferences at any time by logging into their account on Dockare and changing the account settings.
- Dockare may conduct a User survey to collect information about Users' preferences. These surveys are optional and if Users choose to respond, their responses will be kept anonymous. Similarly, Dockare may offer contests to qualifying Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that Dockare collects in the registration process and through surveys is used to help Dockare improve its Services to meet the needs and preferences of Users.
- Dockare 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 Healthcare Associates.
- All Dockare 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 Users’ Personal Information or Sensitive Personal Data and Information. Dockare has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all Personal Information from the point of collection to the point of destruction. Any third-party data processor to which Dockare transfers Personal Information shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
- To the extent necessary to provide Users with the Services, Dockare may provide their Personal Information to third party contractors who work on behalf of or with Dockare to provide Users with such Services, to help Dockare communicate with Users or to maintain the Dockare App. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Dockare App, including the providers of online communications services, may use and disclose the Personal Information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.
Specific conditions applicable to all Patients/Users
- Patients have the option to receive calls from Healthcare Service Providers on the Dockare Smart App. If you allow access to the voice call service provided on the Dockare Smart App, the voice call facility may be used for consultation on health- related issues and streamline the process of contacting the Patients.
- Patients shall have the option to allow the Dockare App to access to its devices’ camera on the Portal. If you allow access to the devices’ camera, Dockare shall provide such a feature to upload pictures/documents/PDFs for Patients’ care. The same shall be securely stored on the Dockare’s server and shall be solely accessible by you or the Care Team Providers Doctors, Healthcare Associates. We prioritise the security and confidentiality of these uploads and ensure that the same is protected.
- The Dockare Application shall request permission from the Patients to upload their photographs, other images, and any other relevant documents from their devices’ storage onto the Portal, which data shall be used by Dockare towards Patients’ care. The data uploaded by the Patients shall be securely stored on the Dockare’s server and shall be solely accessible by the Doctors, Healthcare Associates as well as the Patients.
Specific conditions applicable to all Healthcare Associates
- As part of the registration as well as the application creation and submission process that is available to Healthcare Associates on Dockare, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Healthcare Associates.
- Healthcare Associates’ personally identifiable information, which you choose to provide to Dockare, is used to help you describe and identify yourselves. The Dockare App also enables a Healthcare Associate to allow access to his/her contact list. If you allow access to the contact list, Dockare would use such information for enabling access to your contacts while you are using the Dockare App and add members into a team or group on the Dockare App for Patient care and/or research collaboration and other such collaborative features. You will be the owner of your information and you consent to Dockare collecting, using, processing and/or disclosing this information for the purposes herein stated. Dockare App does not store or upload the contact list or any other information on the servers. Dockare also reserves the right to use information provided by or about the Healthcare Associate for the following purposes:
- Publishing such information on the Dockare App towards enabling Patients contact/communicate with the Healthcare Associate.
- A Healthcare Associate’s profile is created on the Dockare App following their agreement to onboard the Dockare App. Upon creation of the profile, Dockare enables the listing of Healthcare Associate’s profile information on its Dockare App for every ‘Doctor’ or ‘Clinic’ added to a practice using the Dockare App. The Healthcare Associate information listed on Dockare App is displayed when Patients search for Healthcare Associate on Dockare App, and the Healthcare Associate information listed on Dockare App is used by Patients to request for Healthcare Associate’s appointments. Any personally identifiable information of the Healthcare Associates listed on the Dockare App is not generated by Dockare and is provided to Dockare by the Hospital. Dockare displays such information on its Dockare App on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Healthcare Associates 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. Dockare will, however, take reasonable steps to ensure the accuracy and completeness of this information
- Associates shall have the option to allow the Dockare App to access to its devices’ camera on the Portal. If you allow access to the devices’ camera, Dockare shall provide such a feature to upload pictures/documents/PDFs for Patients’ care. The same shall be securely stored on the Dockare’s server and shall be solely accessible by you or the Care team Providers. We prioritise the security and confidentiality of these uploads and ensure that the same is protected.
- The Dockare Application shall request permission from the Healthcare Associates to upload their photographs, other images, and any other relevant documents from their devices’ storage onto the Portal, which data shall be used by Dockare towards Patients’ care. The data uploaded by the Healthcare Associates shall be securely stored on the Dockare’s server and shall be solely accessible by the Doctors and Healthcare Associates.
- Healthcare Associates have the option to make voice calls to the Patients through a voice call service provided by Dockare on the Portal. If the Patients allow access to the voice call service provided on the Portal, the voice call facility may be used for consultation on health-related issues only and streamline the process of contacting the Healthcare Providers.
CONFIDENTIALITY AND SECURITY
- Your Personal Information is maintained by Dockare in electronic form using technologically appropriate methods. Such information may also be converted to physical form from time to time. Dockare 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 Dockares’ business.
- No administrator at Dockare 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. Ensure that you log off from the Dockare App when finished. Dockare 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 Dockare by sending an email to [email protected]. You shall be liable to indemnify Dockare due to any loss suffered by it due to such unauthorized use of your account and password.
- Dockare makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
- Part of the functionality of Dockare is assisting the Healthcare Associates to maintain and organise such information. Dockare may, therefore, retain and submit all such records to the appropriate authorities, or to Healthcare Associates who request access to such information.
- Part of the functionality of the Dockare is assisting the Patients to access information relating to them. Dockare may, therefore, retain and submit all such records to the relevant Patients, or to their Healthcare Associates.
- Notwithstanding the above, Dockare 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, Dockare 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 Dockare 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.
MINOR'S USE OF THE PORTAL AND/OR SERVICES
- The Dockare App and/or the Services are not intended for use of minors. Dockare does not knowingly collect any Personal Information from any minor or market to or solicit information from any minor. If Dockare becomes aware that a person submitting Personal Information is a minor, Dockare shall delete such User’s Account and any related information immediately. If any persons believe that they may have any information from or about a minor using the Dockare App and/or Services, please contact Dockare at [email protected].
- Dockare 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.
- If a User uses the Services or accesses the Dockare App after a notice of changes has been sent to such User or published on the Dockare App, such User hereby provides his/her/its consent to the changed terms.
If you have any grievance with respect to our use of your information, you may communicate such grievance at the co-ordiantes provided below. Please write to grievance officer at su[email protected] and our officer will try to resolve your issue