- Section 43A of the Information Technology Act, 2000;
- Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
- Regulations of the Telemedicine Guidelines issued by Ministry of Health and Family Welfare and the Department of Information Technology, Govt. of India.
- The type of information collected from the Users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information;
- How and to whom we will disclose such information.
This policy describes:
- The types of information we may collect or that you may provide when you download, install, register with, access, or use Evolko’sHealthRADAR mobile application (the "App").
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in this App and in email, text, and other electronic communications sent through or in connection with this App.
This policy DOES NOT apply to information that:
- We collect offline or on any other Evolko apps or websites, including websites you may access through this App.
- You provide to or is collected by any third party.
Third party websites and applications may have their own privacy policies which we encourage you to read before providing information on or through them.
You acknowledge that You are providing Your Personal Information out of Your free will.
If a User uses the Services or accesses the Website or uses the App after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.
Persons Under the Age of 18
The App is not intended for persons under 18 years of age, and we do not knowingly collect information from persons under 18 without verification of parental consent. If we learn we have collected or received information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us at firstname.lastname@example.org.
Information We Collect and How We Collect It
We collect information from and about users of our App:
- Directly from you when you provide it to us.
- Automatically when you use the App.
Information You Provide to Us
When you download, register with, or use this App, we may ask you provide information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, as well as information related to your medical history, including information that is considered “protected health information” under certain laws.
- That is about you but individually does not identify you such as certain demographic information.
This information includes:
- Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, and requesting further services. We may also ask you for information when you report a problem with the App.
- Information collected from you during your use of the App.
- Information submitted by your approved health care providers.
- Information you provide related to persons you consent to share with, such as family members, care-takers, or medical professionals, as well as any communications between you and such persons.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Financial information such as Bank account or credit card or debit card or other payment instrument details ;
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through the App and of the fulfillment of your requests.
- Your search queries on the App.
The information collected from you by Evolko may constitute ‘personal information’ or ‘sensitive personal data or information’ underInformation Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
“Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating toinclude but are not limited to, the following:
- Patient/Doctor/Health Care Professional Name,
- Birth date/age,
- Blood group
- Location information, including Your GPS location
- Phone number/mobile number.
- Email address
- 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.-
- Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used.
- Master and transaction data and other data stored in Your user account.
- 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, the pages of our Website or Application that You visit, the time and date of Your visit, the time spent on those pages and other statistics ("Log Data")
- User’s tracking Information such as, but not limited to the device ID, Google Advertising ID and Android ID.
- Visitor details as provided at the time of registration or thereafter;
- Call data records.
Evolko will be free to use, collect and disclose information that is freely available in the public domain without your consent.
Automatic Information Collection and Tracking
When you download, access, and use the App, it may use technology to automatically collect:
When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, logs, and other communication data and the resources that you access and use on or through the App.
We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
Stored Information and Files
The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
This App does not collect real-time information about the location of your device.
THIRD PARTY LINKS
HOW THE INFORMATION COLLECTED IS USED?
We collect Your Information for various purposes, including the following:
- In order to enable You to use the Website and utilize the Services. For instance, You may provide Your health related information on the Website in order to consult privately with Doctor/hospital /lab, or You may provide Your financial information in order to process a payment which You need to make on the Website.
- To respond to Your inquiries;
- to provide You with information about products and services available on the Website;
- to personalize Your experience on the Website;
- to help You address Your problems incurred on the Website including addressing any technical problems;
- for proper administering of the Website;
- to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
- to improve the services, content and advertising on the Website;
- to protect the integrity of the Website; and
- to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
- to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
- to perform academics/studies, clinical or other research and analysis for our understanding , information, analysis, services and technologies in order to provide to all users improved quality of acre and ensuring that the content and advertising displayed are customized to your interest and preferences;
- to contact You via phone, SMS, email or third-party communication services such as Whatsapp, etc. for appointments, technical issues, payment reminders, obtaining feedback and other security announcements;
- to make disclosures as may be required under applicable law.
USER CONTENT POSTED ON THE EVOLKO SOLUTIONS
Posting of such User Content: You understand that you are solely responsible for the photos, profiles, information, name, email address, address, age, gender, place of work, telephone number, and other content that You upload, publish or display (hereinafter referred to as “Personal Content") on the Evolko Solutions or transmit to or share with other users of the Evolko Solutions (hereinafter collectively referred to as the "User Content"). You hereby undertake to not post, transmit, or share User Content on the Site or Service that You did not create or that Youdo not have permission to post. You understand and agree that the Evolko may review the Evolko Solutions and may delete or remove (without notice) any User Content in it’s sole discretion.
You agree not to publish anything which has content relating to pornography, obscenity, pedophilia, hateful content based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation /gender identity, has violent content, where the copyright lies elsewhere with another person/ organization, is private and confidential in nature, has the effect of impersonation, unlawful use of services, sends or is intended to send spam, malicious codes and viruses.
By posting User Content to any part of the Evolko Solutions,You automatically grant, and You represent and warrant that You have the right to grant, to Evolko an irrevocable, perpetual, non-exclusive, transferable, fully paid up, worldwide license including the right to sublicense, to use, copy, reformat, translate, excerpt (in whole or in part) and distribute such User Content for such purposes as may be agreed.
If You choose to remove their User Content, the license granted above will automatically expire, however You acknowledge that the We may retain archived copies of your User Content. You retain full and complete ownership of all of their User Content and any intellectual property rights or other proprietary rights associated with Your User Content.
Definition of Confidential Information. As used herein, "Confidential Information” means all confidential information disclosed by a party (“Disclosing Party") to the other party (“Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
Your Confidential Information shall include User Content; Evolko’s Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than User Content) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, not to disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
Protection of User Content. Without limiting the above, We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Content. We shall not (a) modify User Content, (b) disclose User Content except as compelled by law or as expressly permitted in writing by You, or (c) access User Content except to provide the Services or prevent or address service or technical problems, or at Your request in connection with customer support matters. Disclosure as compelled by law. The Receiving Party may disclose Confidential information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the Disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential information.
Evolko is Health Insurance Portability and Accountability Act (HIPAA) compliant and adheres to the standards set by the HIPAA act with respect to the privacy and security of personally identifiable information/data shared by the patient during counselling, consultation, admission and treatment. Evolko is only the custodian of the data and information shared by the hospitals, doctors and patients, with the patient being the owner of his/her data.
Deleting Your Account
To delete your account, please send an email to email@example.com from the email address we have on file for your account. We reserve the right to permanently erase your account from our systems immediately or at any time after we receive the request or to preserve a record of the account for some time for legitimate business purposes and as required by law. In some cases, the deletion process may take some time. Account deletion by itself may not (and likely will not) ensure complete or comprehensive removal of the content or information you posted on or submitted to the Service.
CONSENT TO THIS POLICY