Mitra’s Infotech LLP are the owner and operator of the website www.esynapse.in and the Esynapse mobile application (“Application”).
Esynapse provides a technological platform through the Website, the Application and tele-health services (“Services”) to enable patients to have access to doctors from all streams (“Medical Professionals”) and health care partners such as pharmacies and pathological laboratories (“Health Care Partners”) (collectively “Partners”).
This privacy policy (“Privacy Policy”) applies to the collection, usage, storage, processing, disclosure and transfer of the Personal Information (as hereinafter defined) of the users of the Services including, without limitation, patients, doctors, Medical Professionals, pharmacies and the Health Care Partners (hereinafter collectively referred to as the “Users).
This Privacy Policy applies to all Users. We have created this privacy policy to demonstrate our commitment to the protection of your privacy and your personal information.
The terms ‘You’ or ‘Your’ or its cognate variations refer to you as the user (registered or unregistered) of the Website and/or Service and includes all Users and the terms ‘We’, ‘Us” and ‘Our’ refer to Esynapse.
1. Why this Privacy Policy?
1.1 This privacy policy is published in compliance with:
(a) Section 43A of the Information Technology Act, 2000;
(b) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“Personal Information Rules”); and
(c) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1.2 This Privacy Policy states the following:
(a) The type of information collected from Users including Personal Information (as hereinafter defined) and Sensitive Personal Information (as hereinafter defined) relating to an individual or entity;
(b) The purpose, the means and mode of collection and the usage, storage, processing, retention and destruction of such information;
(c) How and to whom Esynapse will disclose such information.
2. Personal Information
2.1 What is personal information?
(a) The term ‘Personal information’ is defined under the Personal Data 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.
(b) The Personal Data Rules further defines the term ‘sensitive personal data or information’ of a person to mean personal information about that person relating to:
(i) passwords;
(ii) financial information such as bank accounts, credit and debit card details or other payment instrument details;
(iii) physical, physiological and mental health condition;
(iv) sexual orientation;
(v) medical records and history;
(vi) information received by body corporate under lawful contract or otherwise;
(vii) visitor details as provided at the time of registration or thereafter; and call data records.
(viii) Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as sensitive personal data or information.
2.2 The kinds of information that Esynapse collects about You may include, without limitation, the following information (hereinafter collectively referred to as “Personal Information”):
(a) Birth Date,
(b) Gender,
(c) Address (including Pin/Postal Code and state),
(d) Phone Number/Mobile Number,
(e) Email Address,
(f) Personal Medical Records / History,
(g) Valid Financial Information including Credit Card, Debit Card, Wallet, Bank Account and any other relevant details at time of Purchase of Product / Service or Online Payment,
(h) Login ID and Password,
(i) User Details as provided at the time of registration or thereafter,
(j) Address and identity proof such as Aadhar Card, Pan Card, Driving License etc. where applicable,
(k) Audio or Video recordings of tele or video consultations made on the Website or the Application between Users including those between Patients and Partners
(l) Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used,
(m) Master and Transaction data and other data stored in your user account,
(n) Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in Our log files,
(o) Educational qualifications, skills, employment details, professional/council registration certificates, languages known, locations willing to serve,.
(p) Marital status, religion,
(q) Any other information that is willingly shared by You.
3. How we collect Personal Information
3.1 The methods by which we collect your Personal Information include but are not limited to the following:
(a) When You register on the Website or the Application;
(b) When You use the features on the Website or the Application;
(c) When You make online payments on the Website or the Application or linked payment gateway or wallet;
(d) When you fill in the Patient or Health Partner Registration Form or Services Agreement in physical format;
(e) When you provide details under the Patient Services Agreement or Partner Agreement;
(f) When You provide Your Personal Information to Esynapse during course of receiving the Services;
(g) By the use of cookies.
4. Use of Personal Information
4.1 Esynapse provides its Services on a cloud model and will host Your data and information. Esynapse will not review, share, distribute, or reference any such User data except as provided in the terms of use, or as may be required by law. We would take all reasonable precautions for maintaining confidentiality of data.
4.2 Your Personal Information may be used for various purposes including, without limitation, for the following:
(a) To provide the Services and any effective health and other related and incidental services;
(b) To enrol you as a User
(c) To contact You via phone, SMS or email for appointments, technical issues, payment reminders, deals and offers and other announcements;
(d) To operate and improve the Website, the Application and/or our Services;
(e) To perform studies, research and analysis for improving our information, analysis, services and technologies; and ensuring that the content and advertising displayed are customized to Your interests and preferences;
(f) To send promotional mailings from Us or any of Our partners or third persons with whom we have tied up via email / SMS;
(g) To advertise products and services of Esynapse and third parties;
(h) To transfer information about You if we are acquired by or merged with another company;
(i) To share with the relevant persons for provision of specific services you have ordered so as to enable them to provide effective services to You;
(j) To administer or otherwise carry out Our obligations in relation to any agreement You have with us;
(k) To build your profile on the Website and/ or the Application;
(l) To respond to subpoenas, court orders, or legal process, or to establish or exercise Our legal rights or defend against legal claims;
(m) To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our Terms of Use, breach of Our agreement with you or as otherwise required by law,
(n) To comply with applicable law or otherwise at the request of any governmental authority.
(o) For such purpose and in such manner as Esynapse, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our terms of use.
(p) To aggregate Personal Information for research, statistical analysis and business intelligence purposes, and to sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (hereinafter collectively referred to as “Purpose(s)”).
5. Sharing and Transferring of Personal Information
5.1 You authorize us to exchange, transfer, share, part with all or any of Your Personal Information, across borders and from Your country to any other countries across the world with Our affiliates / agents / third party service providers / partners / banks and financial institutions or any other persons, for the Purposes specified under this Policy or as may be required by applicable law.
5.2 You acknowledge that some countries where we may transfer Your Personal Information may not have data protection laws that are as stringent as the laws of Your own country. You acknowledge that it is adequate that when Esynapse transfers Your Personal Information to any other entity within or outside Your country of residence, Esynapse will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.
5.3 Esynapse allows other companies, to serve advertisements to the Users. These companies include but not limited to third party ad servers, ad agencies, ad technology vendors and research firms. Esynapse may display advertisements to Users that fit a certain general profile criteria (“Targets”).
6. Consent and Privacy Statements
6.1 This section applies to all Users.
6.2 By signing at the end of this Privacy Policy, or by clicking on the “I Accept’ button at the end of the page containing the Privacy Policy or by providing us your Personal Information or availing Services of Esynapse or by making use of the facilities provided by the website ESYNAPSE or by making payment, You hereby automatically give consent to the collection, storage, processing, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy, as may be amended from time to time. Further, this Privacy Policy has to be read and interpreted along with our Terms of Use (https://www.esynapse.com/terms-and-conditions).
6.3 You acknowledge that You are providing your Personal Information voluntarily out of your free will. You hereby consent that the collection, storage, processing, disclosure and transfer of any Personal Information shall not cause any wrongful loss to You if it is done in accordance with the provisions of this Privacy Policy. Always use caution when giving out any personally identifiable information about yourself or your family members in use of any Services. Esynapse does not control or endorse the content, messages or information found in any Services and, therefore, Esynapse 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 Esynapse relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Esynapse relating to same.
6.4 The User can access, modify, correct and eliminate the data about him/her which has been collected pursuant to his/her decision to become a User. If User updates any of his/her information, Esynapse may keep a copy of the information which User originally provided to Esynapse in its archives for uses documented herein. Esynapse takes no responsibility for the information shared by the User and any updates made or lack of updates thereof. The onus of keeping his/her information current and correct solely lies with the User and Esynapse takes no liability for the same. Further, if Esynapse suspects that any information provided by you is untrue, inaccurate, out of date or incomplete, Esynapse may, at its sole discretion, suspend or deactivate your account or discontinue the provision of the Services to you.
6.5 User’s credit-/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. The User is advised, however, that Internet technology is not 100% safe and User should exercise discretion on using the same.
6.6 Due to the communications standards on the Internet, when a User visits the Website or the Application, Esynapse automatically receives the URL of the site from which such User came and the site to which such User is going when he/she leaves. Esynapse 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 Esynapse improve its Services. The linkage between User’s IP address and User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law. Notwithstanding the above, Esynapse may share some of the aggregate findings (not the individual User specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
6.7 A User may have limited access to the Website without creating an account on the Website. In order to have access to all the features and benefits on the Esynapse Website or App, a User must register his/her/patients details which automatically creates a User Account.
6.8 You have the option not to provide us the Personal Information sought to be collected. You will also have an option to withdraw Your consent at any point, provided such withdrawal of the consent is intimated to us in writing. If you wish to withdraw your consent, please send an email to mitrasinfotech@gmail.com requesting the same. If you do not provide us your Personal Information or if You withdraw the consent to provide us Personal Information at any point in time, Esynapse shall not be able to continue to provide you with the Services or the use of the Website or the Application.
6.9 The Website or the Application 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 Esynapse representatives or agents, and their opinions or statements do not necessarily reflect those of Esynapse, and they are not authorized to bind, represent or otherwise act on behalf of Esynapse in connection with any contract, matter or thing. Esynapse 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.
6.10 Esynapse does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organizations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the terms of use in order for Esynapse to effectively render the Services).
7. Changes to the Privacy Policy
7.1 The Users hereby acknowledge and agree that Esynapse shall be entitled to update this Privacy Policy from time to time without any advance notice and that such updated Privacy Policy shall automatically be binding on You and Your continued use of the Website/ Application and/or the Services shall be construed as s your confirmation of the acceptance of the terms of such updated Privacy Policy.
8. Use of Cookies
8.1 We may store temporary or permanent ‘cookies’ on your computer or phone. You can erase or choose to block these cookies from your computer or phone. You can configure your computer/phone browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. If you have turned cookies off, you may be prevented from using certain features of the Website or Application. In the course of displaying advertisements or optimizing services to its Users, Esynapse may allow authorized third parties to place or recognize a unique cookie on the User’s browser. Esynapse does not store personally identifiable information in the cookies. Further, Esynapse does not exercise control over the sites displayed as search results or links from within its Services. These other websites/ applications may place their own cookies or other files on Your computer, collect data or solicit personal information from You, for which Esynapse is not responsible or liable. Esynapse encourages You to read the privacy policies of all such external websites/ applications.
9. Security
9.1 The security of your Personal Information is important to us. We have adopted reasonable security practices and procedures including industry standard practices such as secured site, role-based access, password protection and data encryption to ensure that the Personal Information collected from you is secure and safe from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. You agree that such measures are secure and adequate. We restrict access to your Personal Information to Our and Our affiliates’ employees, agents, third party service providers, partners, and agencies on a need to know basis and in relation to the Purposes as specified above in this Policy.
9.2 While We will endeavour to take all reasonable and appropriate steps to keep secure any information which We hold about You and prevent unauthorized access, You acknowledge that the Internet is not 100% secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information. We will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information caused by Us in relation to your Personal Information including any loss of information caused by the acts of third persons.
10. Children and Minor’s Privacy
10.1 The Esynapse website is not intended for use by minors. However any inadvertent information shared by minors with us whether on the Website or the Application will be kept confidential as per the terms of this Privacy Policy. Esynapse further strongly encourages parents and guardians to supervise the online activities of minors and to use parental controls to avoid inadvertent disclosure of personal information by a minor.
11. Third Party References and Links
11.1 During Your interactions with Us, it may happen that We provide/include references to third parties, and/or links and hyperlinks of third party websites/applications. It may also happen that you include links and hyperlinks of third party websites/applications. The reference of such third parties or listing of such third party external websites (by You or by Us) does not imply endorsement of such party or site by Esynapse. Such third parties and third party websites/ applications are governed by their own terms and conditions. We do not make any representations regarding the availability and performance of any of the third parties or third party websites/ applications. We are not responsible for the content, terms of use, privacy policies and practices of such third party websites/ applications.
12. Access
If You need to update or correct your Personal Information or have any grievance with respect to the processing or use of your Personal Information, for any reason, you may send updates and corrections to us at info@esynapse.in and we will take all reasonable efforts to incorporate the changes within a reasonable period of time.
13. Compliance with Laws
You are not allowed to use the services of the Website or the Application if any of the terms of this Privacy Policy are not in accordance with the applicable laws of your country. You hereby represent that you are not an entity to whom the EU General Data Protection Regulation applies.
14. Term of Storage of Personal Information
Esynapse shall store Your Personal Information at least for a period of 2 (Two) years from the last date of use of the Services or Website or for such period as may be required by law.
15. Grievance Officer
We will appoint a Grievance Officer to address any concerns or grievances that You may have regarding the processing of Your Personal Information. If you have any such grievances, please email on grievance@esynapse.in or send a letter, and We will attempt to resolve your issues in a timely manner.
The sections below deal with Partner, Patients and Casual Visitor specific provisions. However please note that the sections below are not exhaustive of the privacy statements applicable to the respective persons as each of these persons are bound by all the provisions of this Privacy Policy. To view the Website/ Application and/or to the avail of the Services all Users including any casual visitors must read, understand and accept this Privacy as a whole and not just the specific sections set out below.
16. Partners Note
16.1 This section is applicable to all Partners including healthcare professionals consultant doctors, physiotherapists and all other medical or healthcare professionals whether listed or not on the Website or the Application (hereinafter collectively referred to as the “Partners”).
16.2 As part of the registration/application creation and submission process that is available to the Partners on the Website and/ or the Application, certain information, including sensitive personal data or information is collected from You.
16.3 All the statements in this privacy policy apply to all Users (which includes all Partners), and all Users are therefore required to read understand and accept the contents set out herein prior to submitting any sensitive personal data or information to Esynapse, failing which they are required to leave the Website or the Application immediately
16.4 Esynapse automatically lists Partners’ information on its Website or the Application for every Partner registered on its Website or the Application using its software. The Partner information listed on Website or the Application may or may not be displayed when Patients search for home health or other related and incidental services on Website or the Application .
16.5 Esynapse also creates Partner information for healthcare professionals that have not signed up or registered for Esynapse Services. Such Partners are manually verified over phone or in person by Esynapse or its associates, and Esynapse makes every effort to capture accurate information for such Partners. However, Esynapse does not hold any liability for any incorrect or incomplete information appearing on Website or the Application for such Partners.
17. Patients Note
17.1 This section is applicable to Users who are patients including the family members of such patients or other persons making registrations or bookings on behalf of Patients (hereinafter collectively referred to as the “Patients”).
17.2 As part of the registration/application creation and submission process that is available to Patients on Website or the Application, certain information, including sensitive personal data or information is collected from the Users.
17.3 All the statements in this Privacy Policy apply to all Patients and all Patients are therefore required to read and understand the Privacy Policy prior to submitting any sensitive personal data or information to Esynapse, failing which they are required to leave this Website or the Application immediately.
17.4 If you have inadvertently submitted any such information to Esynapse prior to reading the Privacy Policy 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 all information stored about You by Esynapse by using options provided on the Website/App. In addition, any Patients can ask Esynapse, by sending an email to info@esynapse.in whether Esynapse is keeping personal data about him/her, and every Patient is also entitled to require Esynapse to delete and destroy all such information relating to him/her (but not other Users) in its possession.
17.5 Esynapse will communicate with the Patients through email, phone and SMS posted on the Website/Application or through other means available through the service, including text and other forms of messaging based on Patients contact preferences. The Patients can change their e-mail and contact preferences at any time by logging into their “Account” at www.esynapse.in or the Esynapse App and changing the account settings.
17.6 At times, Esynapse conducts a User Survey to collect information about Patients’ preferences. These surveys are optional and if Patients choose to respond, their responses will be kept anonymous. Similarly, Esynapse may offer contests to qualifying Patients in which we ask for contact and demographic information such as name, email address and mailing address. All such information shall constitute Personal Information and all provisions of the Privacy Policy including in connection with the use and sharing of such information shall apply thereto. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfilment and other aspects of any contest or similar offering.
17.7 Esynapse may keep records of telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, research and development and for User administration.
17.8 Esynapse may further keep audio or video recordings of tele or video consultations made between the patient and doctors using the Esynapse Website, Esynapse App or a third party software which may be utilised in terms of this Privacy Policy.
17.9 All Esynapse 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 Patients’ sensitive personal data and information.
17.10 Esynapse may also disclose or transfer Patients’ personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a Esynapse division or company. Any third party to which Esynapse transfers or sells its assets will have the right to continue to use the personal and other information that Patients provide to us.
17.11 Esynapse may use the personal data or information collected from Patients in the manner set out in this Privacy Policy. Without prejudice to the generality of the foregoing Esynapse 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 forms to third parties and affiliates. If Esynapse wishes to use any Patients’ personal data for a new purpose not mentioned in Privacy Policy (as updated from time to time), it will seek such Patients’ permission before doing so.
18. Casual Visitors Note
18.1 No sensitive personal data or information is automatically collected by Esynapse from any casual visitors of the Website or the Application, who are merely perusing the Website or the Application.
18.2 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 and accept the privacy statements set out herein, failing which they are required to leave the Website and/ or the Application immediately.
18.3 If you, as a casual visitor, have inadvertently browsed any other pages of the Website and/ or the Application 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 Esynapse. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Esynapse cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website or the Application.
18.4 Notwithstanding anything to the contrary contained herein, you are not a casual visitor if you have willingly submitted any personal data or information to Esynapse through any means including, without limitation, through e-mail, post or through the login or registration process on the Website or the Application. 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.
BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE HAVE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND TERMS AND CONDITIONS YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. ESYNAPSE RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE TO THE TERMS OF THIS PRIVACY POLICY, AT ITS SOLE DISCRETION AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY YOU CAN ASK FOR DELETION OF YOUR PERSONAL INFORMATION BY WRITING TO USE AT [] BUT PLEASE NOTE THAT THIS WILL RESULT IN THE SERVICES NOT BEING AVAILABLE FOR YOUR USE. IF YOU USE THESE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR PARENT OR CHILD) OR ANY OTHER ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH ENTITY TO I). ACCEPT THIS PRIVACY POLICY ON THEIR BEHALF II) CONSENT ON BEHALF OF SUCH ENTITY TO ALL TERMS OF THIS PRIVACY POLICY AS WELL COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL OR ENTITY’S INFORMATION ON THE ESYNAPSE WEBSITE OR APP IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.
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