PRIVACY POLICY

1. SCOPE AND PURPOSE

1.1 This Privacy Policy governs what information Jan Swasthya Technologies Private Limited (“SayaCare”/ “We”/ “Us”/ “Our”/ “the Company”), as the owner and operator of the domain name www.sayacare.in, and internet based platform, and “SayaCare”, a mobile application (each individually, “Website” and “App” respectively, and together, “the Platforms”), collects from a user (“You”/ “Your” / “User”) of the Platforms in the course of providing Services and how We use, process, store, deal, handle or disclose such information.

1.2 Jan Swasthya Technologies Private Limited takes all the due care and precaution which is reasonably foreseen and undertaken in normal circumstances and is committed to safeguard the privacy of its “Customer/Visitor”.

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

1.4 This Privacy Policy is in strict compliance to the:

(i.) Section 43A of the Information Technology Act, 2000.
(ii.) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
(iii.) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

2. GENERAL TERMS

2.1 Please read this Privacy Policy carefully before using the Website or App.

2.2 By clicking “I Accept”, or when otherwise accessing or using the Platforms, you confirm that you have read, understood and agree to be bound the terms of this Privacy Policy including any terms incorporated by reference and expressly consent to the collection, use, storage, handling and disclosure of Your information as per this Privacy Policy.

2.3 For the purpose of providing the Services and for other purposes identified in this Privacy Policy, SayaCare will be required to collect and host certain data and information of the Users. SayaCare is committed to protecting the Personal Information of the Users and takes all reasonable precautions for maintaining confidentiality of the User’s Personal Information. This Privacy Policy has been designed and developed to help you understand the following:

(i.) The type of Personal Information (including Sensitive Personal Data or Information) that SayaCare collects from the Users.
(ii.) The purpose of collection, means and modes of usage of such Personal Information by SayaCare.
(iii.) How and to whom SayaCare will disclose such information post user’s consent on sharing the information.
(iv.) How SayaCare will protect the Personal Information including Sensitive Personal Data or Information that is collected from the Users; and
(v.) How Users may access and/ or modify, delete their Personal Information.

2.4 This Privacy Policy shall apply to the use of the Platform by all Users. Accordingly, a condition of each User's use of and access to the Website and to the other services provided by SayaCare to Users is their acceptance of this Privacy policy. Any User is required to read and understand the provisions set out herein prior to submitting any Sensitive Personal Data or Information to SayaCare, failing which they are required to leave the Website immediately.

3. INFORMATION COLLECTED

3.1 Information You give Us: We receive and store information provide by You on the Platforms in connection with Our Services. This includes:

(i.) Contact Information: Name, Delivery Address, Phone Number, Email ID;
(ii.) Demographic Information: Gender, Age, Date of Birth, Nationality, Marital Status;
(iii.) Medical Information: Medical records and history, details of your prescribing doctor, prescriptions uploaded and any other physical, physiological or mental health condition which you voluntarily provide Us, Our personnel or the Third Party RMPs;
(iv.) Usage History: Search history, history of teleconsultation appointments made on the Platforms, history of medicines ordered (completed, cancelled or returned) including those which are substitute drugs and any other detail relating to the same as voluntarily provided by You;
(v.) Surveys: Any information provided by you in relation to surveys, contests or referrals.
(vi.) Call records: Any call records relating to the rendering of Services or teleconsultation (discussed below).
(vii.) Any additional information that you voluntarily choose to provide to SayaCare or the Third Party RMPs.

3.2 Automatic technical information: During your visit to our Platforms, we may automatically receive technical information about your computer/device, such as your Internet Protocol (IP) address, your computer operating system type and version, time-zone, browser type and plug-in details due to certain communication protocol settings on the Internet. We may also receive information about Your location and your mobile device such as a unique identification number for your device.

3.3. Information from Other Sources: We receive information about You from third parties viz. Our partners, advertisers, Third Party RMPs, and Third-Party Delivery Partners etc. such as order details and other information that You share with such third parties.

3.4. Third party tools and software: The App utilizes third party software developer kits (SDKs) for its architecture and infrastructure, with the majority being various payment options by which a User can make a payment for an order.

3.5. Teleconsultation: Pursuant to the Telemedicine Guidelines, it is incumbent on a registered medical practitioner to maintain

(i.) log or record of Telemedicine interaction (e.g. Phone logs, email records, chat/ text record, video interaction logs etc),
(ii.) Patient records, reports, documents, images, diagnostics, data etc. (Digital or non-Digital) utilized in the telemedicine consultation.
(iii.) specifically, in case a prescription is shared with the patient, the prescription records. As the Third Party RMPs are obliged to follow the applicable law, such information provided by You shall also be collected and stored. We also reserve the right to record, store or supervise the teleconsultation session between You and the Third Party RMPs for internal quality control purposes as well as store your e-prescription, and by accessing or using Our Services You hereby explicitly consent to the same.

4. HOW INFORMATION IS USED

4.1. SayaCare collects and uses Your information only to the extent necessary for the below listed purposes:

(i.) To register You for the purpose of receiving Our Services, identification, communication, notification and for performance of Our obligations or obligations of the Third Party RMPs or Third-Party Delivery Partners arising out of or in relation to the Terms of Use such as, inter alia, ordering, arranging teleconsultation, delivery, billing.
(ii.) To improve functionality of Our Platforms and Services, and customize Your future experience with us so as to be most effective for You.
(iii.) To address Your requests, queries and complaints, if any, pertaining to Our Services, and other customer care related activities.
(iv.) To analyze data, track trends, build algorithms, create databases for rating systems, recommendation engines, to optimize our Services.
(v.) To conduct audits and quality control or assessment procedures.
(vi.) For non-targeting reasons such as frequency capping, compliance, billing, market research, or product development purposes.
vii. For research purposes;
(viii.) To send notices, communications, alerts, messages, new offers relevant to use of the Services offered by SayaCare.
(ix.) For the purpose of contacting, you to provide you with information on new Services and offers, taking feedback, assisting you with completion of transactions or other issues relating to the use of Services.
(x.) To send you information about special promotions or offers (either offered by SayaCare or by its business partners), new features or products both of the SayaCare as well as third-party offers or products with whom SayaCare has a tie-up.
(xi.) To conduct surveys, contests or referral programs.
(xii.) To the extent necessary for our internal business purposes.
(xiii.) To comply with applicable law.

4.2. SayaCare may access or store Your information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Terms of Use, or as otherwise required by law.

4.3. We may collect, analyze, use, publish, create and sell to third parties non-personally identifiable information in an aggregated form for internal research, statistical analysis and business intelligence purposes including those for the purposes of determining the number of visitors and transactional details.

5. ACCESS, DISCLOSURE AND SHARING OF YOUR INFORMATION

5.1 SayaCare treats Your personal information with the highest regard for Your privacy and the same is dealt with by SayaCare employees only on a need-to-know basis and after such employees are bound to confidentiality obligations. We do not sell, rent or exchange any personally identifiable information that You provide to Us through the Platforms with any third party for commercial reasons. However, we share Your personal information with Our Third Party RMPs and Third-Party Delivery Partners to the extent required by our Services as well as online payment service partners to perform payment processing and authorization. Pursuant to applicable law, such information is only shared after taking best efforts to ensure that such third party has implemented measures to assure data protection measures that are either subject to this Privacy Policy or follow practices to the greatest extent possible which are as protective as those described in this Privacy Policy. By using the Platforms, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by the said third parties.

5.2 SayaCare makes all User Information accessible to its employees and data processors only on a need-to-know basis. All SayaCare employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.

5.3 SayaCare may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including:

(i) Pursuant to an order under the law for the time being in force.
(ii) In response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
(iii) To protect and defend the rights or property of SayaCare.
(iv) To fight fraud and credit risk or otherwise address technical issues.
(v) To enforce the Terms of Use or Privacy Policy.
(vi) When SayaCare deems it necessary in order to protect its rights or the rights of others.

5.3 SayaCare may also disclose or transfer the User Information, to another third party as part of company. Any third party to which SayaCare transfers or sells its assets will have the right to continue to use the Personal Information and/ or other information that a User provide to us.

6. RETENTION OF INFORMATION

6.1. SayaCare will also ensure that User Information is not kept for a period longer than is required for the purposes for which it is collected or as required under any applicable law.

6.2. We store Your personal information in accordance with the applicable laws and such information shall be secure with Us as long as it is necessary to offer You Our services. Such information in Our possession or under Our control, shall be destroyed and/or anonymized as soon as it is reasonable to assume that:

(i) the purposes for which your information has been collected have been fulfilled.
(ii) retention is no longer necessary for any other reason, or under any applicable law. We keep non-personally identifiable information for research and statistical purposes for a longer period.

7. OUR SECURITY POLICY

7.1. SayaCare has taken reasonable precautions to treat personal information as confidential and to protect it from unauthorized access, improper use, disclosure or modification, and unlawful destruction or accidental loss.

7.2. To prevent unauthorized access, We have put in place the industry-standard security technology and procedures to safeguard the information We collect data on the Platforms or via email, messages etc. In particular, Your personal information, including any records of your e-prescription or teleconsultation, is encrypted and is protected. We store your personally information on the computer servers placed in a secure environment.

7.3. Even though We have taken significant steps to protect Your personally information, no company, including SayaCare, can fully eliminate security risks associated with the storage and retention of personal information.

8. YOUR RIGHTS IN RELATION TO YOUR INFORMATION

8.1 All the information provided to SayaCare by a User, including Sensitive Personal Data or Information, is voluntary. User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.

8.2. You may review, correct, update, change the information that You have provided such as e-mail and contact preferences etc. by logging into your account or contacting customer support or through any other mode made available from time to time. If certain information is incorrect, You may request Us to modify or delete the same by emailing us at [email protected] SayaCare will take all reasonable measures to ensure that the information is modified and used for rendering Services to You and as otherwise in compliance with laws. We reserve the right to verify and authenticate Your identity and Your personal information in order to ensure accurate delivery of products and Services. Access to or correction, updating or deletion of your personal information may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law, or would require unreasonable technical efforts.

8.3. If a User, as a casual visitor who has not registered, has inadvertently browsed through the Platforms prior to reading the Privacy Policy and the Terms of Use, and such User does not agree with the manner in which such information is obtained, the act uninstalling of the App or quitting the web browser application should ordinarily clear all temporary cookies installed by SayaCare. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers, or similar functionality on their mobile devices to ensure such clearing/ deletion, as SayaCare cannot guarantee, predict or provide for the behavior of the equipment of all its visitors.

8.4. In case You do not provide Your information or consent for usage of personal information or subsequently withdraws Your consent for usage of the personal information so collected, SayaCare reserves the right to discontinue the services for which the said information was sought subject to applicable law.

9 ADDITIONAL NOTES

9.1 SayaCare shall not be responsible in any manner for the authenticity of the Personal Information or Sensitive Personal Data or Information supplied by the User to SayaCare. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SayaCare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SayaCare has the right to suspend or terminate such account at its sole discretion.

9.2 SayaCare shall not be responsible for any breach of security or for any actions of any third parties that receive Users' Personal Information or events that are beyond the reasonable control of SayaCare including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

9.3 The User is responsible for maintaining the confidentiality of the User's account access information and password, if applicable. The User shall be responsible for all uses of the User's account and password, whether or not authorized by the User. The User shall immediately notify SayaCare of any actual or suspected unauthorized use of the User's account or password.

9.4 SayaCare will communicate with the Users through email and notices posted on the Website or through other means available through the Service, including text and other forms of messaging. The Users can ask SayaCare, by sending an email to [email protected] containing the rectification required.

9.5 In accordance with applicable law, You hereby agree that You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

(i.) Belongs to another person and to which You do not have any right.
(ii.) Is harmful to child;
(iii.) Infringes any patent, trademark, copyright or other proprietary rights.
(iv.) Violates any law for the time being in force.
(v.) Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
(vi.) Impersonates another person.
(vii.) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation.
(viii.) Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
(ix.) Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

10 CONTACT INFORMATION AND GRIEVANCES

10.1 If You have any questions regarding this Privacy Policy you may contact Soni Chaubey. You can also reach out to our support team via our mobile number at 9289325012 (Between 7 AM - 10 PM) or email Us at [email protected]

10.2 SayaCare addresses discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, SayaCare has designated grievance:

Name: Soni Chaubey
Email: [email protected]
Contact No: +91 9289325012

10.3 If a User, as a casual visitor who has not registered, has inadvertently browsed through the Platforms prior to reading the Privacy Policy and the Terms of Use, and such User does not agree with the manner in which such information is obtained, the act uninstalling of the App or quitting the web browser application should ordinarily clear all temporary cookies installed by SayaCare. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers, or similar functionality on their mobile devices to ensure such clearing/ deletion, as SayaCare cannot guarantee, predict or provide for the behavior of the equipment of all its visitors.

10.4 In case You do not provide Your information or consent for usage of personal information or subsequently withdraws Your consent for usage of the personal information so collected, SayaCare reserves the right to discontinue the services for which the said information was sought subject to applicable law.