- Published: Monday, 13 October 2014 11:49
- Written by Super User
1. Who we are?
Dakshah e-Informatics Services (“Dakshah”) is the author and publisher of the software Dakshah Helathcare Directory and Appointment management, and all variants, editions, add-ons (including all files and images contained in or generated by the software, and accompanying data, together the “Software”).Dakshah also operates the internet resource www.bookmeradoctor.com and www.medicodesk.com (“Website”) on world wide web which is used to access Dakshah Software. Dakshah Software is used at healthcare practices (“Practices”) by healthcare providers (“Practitioners”, which term shall also include designated associates of the healthcare providers who would use Dakshah Software), and clients of the healthcare providers (“Patients”, which term shall also include members of public who search for doctors on the Website anonymously or as a registered user of the Website) to find, manage and organize information including but not limited to personal or non-personal information, practice information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of the Dakshah Software - the Practitioners, Patients, and the visitors of Website are together termed as “Users”.
2. How does Dakshah protect Customer Data?
3. How can I contact Dakshah?
i. Section 43A of the Information Technology Act, 2000;
ii. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and
iii. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
i. The type of information collected from the visitors of the Website and the End users, including sensitive personal data or information;
ii. The purpose, means and modes of usage of such information; and
iii. How and to whom Dakshah will disclose such information.
5. What is personal information?
5.1 “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 with a body corporate, is capable of identifying such person.
5.2 The SPI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to:
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. biometric information;
vii. information received by body corporate under lawful contract or otherwise;
viii. visitor details as provided at the time of registration or thereafter; and
ix. call data records.
5.3 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.
5. All Users Note:
6.1 This section applies to all Users (“Users”).
6.5 Dakshah may require the User to pay with a credit card, wire transfer, debit card or cheque. Dakshah 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. 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, Dakshah automatically receive the URL of the site from which such User came and the site to which such User is going when he/she/it leaves. Dakshah 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 Dakshah improve its Service. 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, Dakshah may share some of the aggregate findings (not the specific data) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
6.7 The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by Dakshah and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Dakshah may allow authorized third parties to place or recognize a unique cookie on the User’s browser. Dakshah does not store personally identifiable information in the cookies.
6.9 Dakshah 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. Dakshah may display advertisements to Users that fit a certain general profile criteria (“Targets”). Dakshah does NOT use personally identifiable information to identify Targets for advertising on its Services.
6.11 The Website 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 Dakshah representatives or agents, and their opinions or statements do not necessarily reflect those of Dakshah, and they are not authorized to bind Dakshah to any contract. Dakshah 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.
6.13 Dakshah does not knowingly collect personal data from children.
6.14 Dakshah has implemented Indian legal industry standard security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss.
6.16 Dakshah addresses any discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Dakshah has designated “Surya Prakash” as the Grievance Officer, who will redress the grievances of the Users expeditiously within a maximum of one month from the date of receipt of grievance, and who can be reached by:
7. Practitioners Note:
7.1 This section is applicable to Practitioners (“Practitioners”)
7.2 As part of the registration/application creation and submission process that is available to Practitioners on Website, certain information, including sensitive personal data or information is collected from the Practitioners.
7.4 Practitioners personally identifiable information they choose to provide on the Website is used to help the Practitioners describe / identify themselves. This information is exclusively owned by Dakshah. Dakshah may use such information for commercial purposes and 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.
7.5 Dakshah automatically lists Practitioners’ information on its Website for every ‘Doctor’ added to a Practice using its Software. The Practitioner information listed on Website is displayed when Patients search for doctors on Website, and the Practitioner information listed on Website is used by Patients to request for doctor appointments. Dakshah, on its own, does not list any Personally Sensitive Information of such Practitioners.
7.6 Dakshah also creates Practitioners’ information for Practitioners that have not signed up or registered for Dakshah Services. Such Practitioners are manually verified over phone or in person by Dakshah or its associates, and Dakshah makes every effort to capture accurate information for such Practitioners. However, Dakshah does not hold any liability for any incorrect or incomplete information appearing on Website for such Practitioners.
8. Patients Note:
8.1 This section is applicable to Patients (“Patients”)
8.2 As part of the registration/application creation and submission process that is available to Patients on this website, certain information, including sensitive personal data or information is collected from the Users.
8.5 Patients’ personally identifiable information they choose to provide on the Website is used to help the Patients describe/identify themselves. Other information that does not personally identify the Patients as an individual, is collected by Dakshah from Patients (such as, patterns of utilization described above) and is exclusively owned by Dakshah. Dakshah 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. If Dakshah wishes to use any Patients’ personal data for a new purpose, it will seek Patients’ permission before doing so.
8.6 Dakshah will communicate with the Patients through email, phone and notices posted on the Website 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.medicodesk.com and changing the account settings.
8.7 At times, Dakshah 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, Dakshah may offer contests to qualifying Patients in which we ask for contact and demographic information such as name, email address and mailing address. None of this information is shared with third parties, except in summary form, if at all. The demographic information that Dakshah collects in the registration process and through surveys is used to help Dakshah improve its Services to meet the needs and preferences of Patients. This may include targeting advertising to Patients about our Services. Information we gather through a contest may also be disclosed to third parties, as necessary, for prize fulfillment and other aspects of any contest or similar offering.
8.8 Dakshah 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.
8.9 All Dakshah 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.
8.10 Dakshah 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 Dakshah corporation division or company. Any third party to which Dakshah transfers or sells its assets will have the right to continue to use the personal and other information that Patients provide to us.
8.11 Save as set out above, Dakshah only uses the personal data or information collected from Patients in the manner set out in the section relating to “Registration Process” below. Dakshah 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 Dakshah wishes to use any Patients’ personal data for a new purpose, it will seek such Patients’ permission before doing so.
8.12 To the extent necessary to provide Patients with the services on the Website, Dakshah may provide their Personal Information to third party contractors who work on behalf of or with Dakshah to provide Patients with such services, to help Dakshah communicate with Patients or to maintain the Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
9. Casual Visitors Note:
9.1 No sensitive personal data or information is automatically collected by Dakshah from any casual visitors of this website, who are merely perusing the site.
9.3 If you, as a casual visitor, have inadvertently browsed any other pages of this Website 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 Dakshah. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as Dakshah cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website.
10. Registration Process
10.1 As part of the registration process, Dakshah collects the following personal information from Users:
ii. User ID;
iii. Email address;
iv. Address (including country and ZIP/postal code);
vii. Phone number;
viii. Password chosen by the User;
ix. Valid financial account information; and
x. Other details as the End User may volunteer.
10.3 Dakshah makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
10.4 Part of the functionality of the Software is assisting the doctors to maintain and organise such information. Dakshah may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
10.5 Part of the functionality of the Software is assisting the patients to access information relating to them. Dakshah may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
10.6 Notwithstanding the above, Dakshah shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of Dakshah including, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
11.2 If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.