- “Personal Information” shall have the same meaning as given in Rule 2 (1) (i) of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (hereinafter referred to as “the Rules”).
- “Sensitive personal data or information” shall have the same meaning as given in Rule 3 of the Rules.
- “We”, “Our”, “Company”, “MedTrail” and “Us” shall mean and refer to MedTrail Technologies Private Limited.
- “You”, “Your”, “Yourself” and “User” shall mean and refer to natural & legal individuals and legal entities/companies who visit and/or use the MedTrail Services and will also include the individuals/entities/companies who avail the services by submission of details by some other person.
- “Third Parties” refer to any Website/Application/Web Portal, company or individual apart from the User and Us.
- Services shall mean Website (www.medtrail.in), Web Portal (web.arya.io), Mobile Application MedTrail, any hardware provided by MedTrail and contextual information transmitted to/ received from User via various communication channels including but not limited to SMS, WhatsApp
- “Website”, shall mean and refer to www.medtrail.in, the “Application” shall refer to MedTrail app available on Android Play Store or iOS App Store and “Web Portal” shall refer to web.arya.io
- The use of MedTrail by the User is solely governed by this Policy as well as the Terms of Service, and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Any interaction with the Website/ Application/ Web Portal of MedTrail and/or using any of the Services shall be deemed to signify the User’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same.
- The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Company, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of MedTrail constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
- This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- This document is published in accordance with the provisions of the Information Technology Act, 2000, the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and the Information Technology (Intermediaries guidelines) Rules, 2011.
- The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User keeping in mind best practises and laws set by State/Central Government of India, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use MedTrail following such a change, the User will be deemed to have consented to any and all amendments/ modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use MedTrail.
3. HANDLING OF PERSONAL AND OTHER INFORMATION AND CONFIDENTIALITY
Privacy of Parties is of prime importance to MedTrail and all services are strictly designed within the jurisdiction of laws defined by Government of India. MedTrail needs to collect, access and store Personal Information and/or Sensitive Personal Information of its Users in order to serve the Users. The Users expressly agree and acknowledge that the Company collects and stores the User’s Personal Information and/or Sensitive Personal Information in a secure cloud based platform, which is provided by the User from time to time on the Website/Application/ Web Portal or while using other Services, including but not limited to the user name, passwords, email address, phone number, name, address, age, date of birth, sex, nationality, height, weight, information about past and present diseases, allergies, previous treatments, medical history, diagnosis reports, prescription and any other images or other information uploaded/published by the User voluntarily on MedTrail. The User is aware that this information will be used by the Company to deliver its services and help customize/improve MedTrail experience safer and easier but no personally identifiable information will be shared with any Third Party under any circumstances without User’s explicit consent unless directed by the law.
The User expressly agrees and acknowledges:
- 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 considered as ‘personal information’ or ‘sensitive personal data or information’.
- About awareness that the Company shall automatically track information about the User based on the User’s IP address and the User’s behavior on MedTrail, and the User expressly consents to the same. The User is aware that this information may be used to do internal research on user demographics, interests, and behavior, to enable the Company to better understand, and cater to the interests of the Users. Further, the User is expressly made aware that such information may include the User’s computer & web browser information, the User’s IP address, mobile device details etc. 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, MedTrail may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) for market research and new feature development.
- About awareness that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company, including but not limited to personal correspondence such as emails or letters or SMS or WhatsApp, feedback from other users or third parties regarding the User’s activities or postings on MedTrail, etc., may be collected and compiled by the Company into a file/folder specifically created for/allotted to the User, and the User hereby expressly consents to the same.
- About awareness that the contact information provided to the Company may be used to send the User offers and promotions, whether or not based on the User’s previous interests, and the User hereby expressly consents to receiving the same. The User may choose to unsubscribe from promotional communications by clicking on the ‘unsubscribe’ link provided at the end of every such promotional communication.
- About awareness that the Company may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this information is used to improve/customise MedTrail for the benefit of the User, and providing all users of MedTrail with services that the Company believes they might be interested in availing of.
- About awareness that the Company may keep records of electronic communications and telephone calls received and made for support or other purposes for the purpose of administration of Services, customer support, research and development and for better assistance to Users.
- About awareness that the Company may occasionally request the User to write reviews for services availed of by the User from the Website/Application/ Web Portal. The User is aware that such reviews will help potential users of MedTrail from availing of the Services, and the User hereby expressly authorizes the Company to publish any and all reviews written by the User on the Website/Application/Web Portal, along with the User’s name and certain contact details, for the benefit and use of other users.
- Nothing contained herein shall be deemed to compel the Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorizes the Company to remove from MedTrail any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
- Generation and Collection of ‘Sensitive personal data or information’ in accordance with Information Technology Act, 2000 as amended from time to time and allied rules requires the User’s express consent. By affirming assent to this Policy as well as clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides consent to such generation and collection as required under applicable laws.
- The User is responsible for ensuring that handwriting is legible and maintaining the accuracy of the information submitted to the Company. The User may correct, delete inaccuracies, or amend information by contacting the Company through firstname.lastname@example.org. The Company will make good faith efforts to make requested changes in the databases as soon as reasonably practicable. If the User provides any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or the Company has reasonable grounds to suspect that the information provided by the User is untrue, inaccurate, out of date or incomplete, the Company may, at its sole discretion, discontinue the provision of the Services to you as per the provisions laid down in the Terms. There may be circumstances where MedTrail 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 the User wishes to delete his/her account or request that the Company no longer uses the User’s information to provide Services, the User may contact the Company on email@example.com. 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 MedTrail being unable to provide you with its Services or to terminate any existing relationship MedTrail 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 firstname.lastname@example.org .
- All Our employees and data processors, who have access to, and are associated with the processing of personal information and sensitive personal data or information, are obliged to respect the confidentiality of every Users’ such information.
4. OUR USE OF YOUR INFORMATION
All the information provided to MedTrail by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. Such information in its original form will never be shared with any Third Parties without explicit consent from the User . You understand that MedTrail may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules,
- for the purpose of providing you the Services,
- for taking product & Service feedback,
- for offering new products or services,
- for analyzing software usage patterns for improving product design and utility,
- for providing the services of generating alerts/reminders/SMS for the medicines and also for internal record.
- for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes,
- for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates,
- debugging customer support related issues,
We may use your tracking information such as IP addresses, and or Device ID to help identify you and to gather broad demographic information.
Your information is regarded as confidential and therefore shall not be divulged to any Third Parties, unless if legally required to do so to the appropriate authorities, or if necessary for providing the services of the Website/Application/ Web Portal.
We use data collection devices such as "Cookies" on certain pages of our Website/Applications/Web Portal. Cookies are small files sited on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "Cookie". Cookies can also help us provide information, which is targeted to your interests. Cookies may be used to identify logged in or registered users.
We treat data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside MedTrail Technologies Private Limited. We follow generally accepted industry standards to protect the Personal Information submitted to Us and information that We have accessed. The Users indemnifies MedTrail from any legal liabilities in case of any security breaches beyond the control of Our standard security procedures.
8. BACKGROUND MODE
On mobile devices, some components of MedTrail application will run in background mode to connect to MedTrail’s hardware and transfer data to the mobile device over bluetooth. This is to ensure that data from MedTrail's hardware is synced to the mobile app, sent to MedTrail’s cloud and processed even while the application is in background mode.
You agree and undertake to indemnify Us in any suit or dispute by any Third Party arising out of disclosure of Personal Information by You to Third Parties either through Our Website/Application/Web Portal or otherwise and Your use and access of Website/Applications/Web Portal, Website/Applications and resources of Third Parties. We assume no liability for any actions of Third Parties with regard to Your Personal Information, which you may have disclosed to such Third Parties.
If a User uses the Services after a notice of changes has been sent to such User or published on the Website/Application/Web Portal, such User hereby provides his/her/its consent to the changed terms.
12. ADDRESS FOR PRIVACY QUESTIONS
Name: Nikhil Agrawal
MedTrail Technologies Private Limited,
A-16, 2nd Floor, Mohan Co-operative, New Delhi-110044
Phone: +91 8586999698