Privacy Policy

Background

  1. This Privacy Policy (“Policy”) describes the policies and procedures on the collection, use, disclosure, transfer and the manner of safeguarding your information when you use the website myamericandoctor.com (the “Platform”) owned, operated and maintained by MyAmerican Doctor LLC. (“Company”).
  2. You hereby agree and acknowledge that by accessing or using the Platform, you hereby expressly confirm that you have read, understood and consent to comply with and be bound by the terms and conditions of this Policy. You may visit www.myamericandoctor.com to access the Platform’s terms of use. If you do not agree with the terms of the Policy, please do not use or access the Platform.
  3. This Platform may have links to third-party websites, sites and/or applications. You shall accordingly be subjected to the terms and conditions of such third-party websites. We do not warrant, promote, encourage and/or endorse third-party websites, sites and/or applications. The Company shall not be responsible for the privacy practices, or the accuracy or integrity of the content included on such third-party websites, sites and/or applications.
  4. For the purpose of this Policy along with any amendments to the same, and wherever the context so requires “you”, “your” or “yourself” shall mean any natural or legal person who has agreed to become a User of the Platform (irrespective of whether you are a Registered User, a Non-Registered User or a Healthcare Practitioners (HCP)) by accessing the website or installing the mobile application, and the terms “we”, “us”, and “our” refer to Company.
  5. The Company is committed to protecting your privacy and shall take all reasonable measures that are necessary to protect your Information and/or data that we collect from you in accordance with the applicable law including Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”) under Information Technology Act, 2000 (“IT Act, 2000”). The terms ‘Information’, ‘Data’, ‘Personal Information’ and ‘Personal Data’ are used interchangeably under this Policy.

Definitions

  1. The term “Information” shall have the same meaning as provided under IT Act, 2000 and SPDI Rules, and shall mean any personally identifiable information like name, gender, mobile number, phone number, address, email, date of birth, any identity proof issued by the government like Aadhaar, PAN Card, et cetera. Information shall also include any data received by the Company while using or accessing the Platform.
  2. The term Information includes ‘Sensitive Personal Data or Information’ as defined under the SPDI Rules which relates to, (a) passwords, (b) financial information (such as bank account or credit card or debit card or other payment instrument details, etc.), (c) sexual orientation, (d) medical and health records, (e) Biometric information, (f) any other details or information, that by its very nature can be categorized as sensitive data, (g) any other data determined by the law from time-to-time.

General Consent

  1. You acknowledge that this Policy constitutes an integral part of the Terms of Use governing the Platform. By using or accessing the Platform, you agree to accept this Policy implicitly, signifying your full assent to the terms and conditions.
  2. By viewing, accessing or utilizing our services, you agree to provide your express consent to collect, process, transfer, store, and share the information submitted by you.
  3. You have the right to withdraw your consent at any time. You may do so by contacting the Company through the designated channels provided within the Platform. However, such withdrawal of consent may limit or revoke your ability to fully utilize the services.
  4. Our Services are not directed for use by children, and we do not knowingly collect any Information from individuals under the age of 18 years. If you suspect that we may have inadvertently obtained Information from a child, kindly reach out to us at report@myamericandoctor.com Upon receiving such notification, we will undertake the necessary steps to delete such Information as soon as possible. However, the guardian on behalf of the child may access the Platform and upload the necessary documents of such child who is obtaining consultation.
  5. Any attempt to extract or download significant amounts of data or to compile a database from data obtained from the Platform without prior explicit consent from the Company is strictly forbidden.
  6. You agree and acknowledge that you are voluntarily providing your Information for the purpose of using and accessing the Platform.
  7. The Company updates this Policy from time-to-time. Before updating the Policy, the Company will promptly notify you about the upcoming update. Your continued use of the Platform and/or services post the changes shall be deemed to be your acceptance of those changes made in this Policy.

Collection and Use of Information

  1. To avail the services offered on the Platform, you would be required to provide Information that may be personally identifiable to you. The Information provided by you shall be true, correct, accurate and up-to-date.
  2. The Information that we may collect from you may include but are not limited to the following:
    1. Name
    2. Birth date
    3. Gender
    4. Address
    5. Phone number
    6. Email address
    7. Physical, physiological and mental health condition
    8. Medical records and history
    9. Sexual orientation
    10. Valid financial information at time of purchase of Service and/or online payment
    11. Login ID and password
    12. Location
    13. User details as provided at the time of registration or thereafter
    14. Records of interaction with the Company representatives
    15. Your usage details such as time, frequency, duration and pattern of use, features used and the amount of storage used.
    16. Master and transaction data and other data stored in your user account, Any other information that is willingly shared by you (collectively referred to as ‘Information’).
  3. The methods by which we collect your Information include but are not limited to the following:
    1. When you register on our Platform.
    2. When you create/add a profile on our Platform.
    3. When you provide your Information to us.
    4. When you use the services.
    5. When you access Platform or services.
    6. By use of cookies.
    7. When you speak with our representatives.
    8. When you write to us through email or other channels of communication.

4. The Information that you share with the Company shall be entitled to privacy and shall be kept strictly confidential. The Information along with all supporting documents submitted by you shall be used for the limited purpose of:

  1. Enabling you to use the Platform and administering the services and contacting you in furtherance to it.
  2. To provide information about services and updates available on the Platform.
  3. Sending you statements and invoices.
  4. Enable your access in order to use the services including delivering mobile and/or email notifications like one-time passwords, providing confirmations, alerts, updates, et cetera.
  5. Personalizing and providing better user experience on the Platform.
  6. Experience.
  7. Publish your feedback on our services.
  8. Responding to your queries, requests and legitimate claims and resolving any issues;
  9. Sending you such information that may be of interest to you.
  10. Archival or backup purpose(s) and per the provisions of record retention under the applicable law.
  11. To protect the integrity of the Platform.
  12. Cooperating with government and regulatory authorities, judicial, quasi-judicial, or regulators in accordance with our legal obligations under applicable laws to the extent required.
  13. To making disclosures as may be required under applicable law;
  14. Notifying you (upon our reasonable belief or otherwise) of any violation of any 3rd party rights, law, agreements and/or policies.
  15. Conducting research and perform analysis in order to measure, maintain, protect, develop and improve our Platform and/or services.
  16. To improve the services, content and advertising on the Platform.
  17. Monitoring aggregated metrics such as total number of Visitors and traffic.
  18. For sending targeted marketing communications.
  19. To send you mails or contact you for various customer satisfaction surveys, market research, promotional activities or in connection with certain transactions (collectively referred to as “Purposes”).

5. The Company shall take all reasonable measures as prescribed under law to prevent unauthorized access and misuse of your Information. However, the Company shall not be responsible for any such unauthorized access and misuse of your Information by unauthorized persons despite having taken all such measures.

6. By accessing and using this Platform, you accept to strictly abide by, (a) the policies and practices described in this Policy and all other policies made available from time to time, and (b) acknowledge and consent to the collection, use/process and disclosure of the Information and for the Purposes as described in this Policy.

Data Sharing & Data Transfer

  1. Once you have freely consented to share your Information with us, you authorize us to exchange, transfer, share, partly or all your 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.
  2. You acknowledge that some countries where we may transfer your 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 the Company transfers your Information to any other entity within or outside your country of residence, the Company will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Policy.

Public Data

  1. Any Information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Information for the purposes of IT Act, 2000 and the SPDI Rules.
  2. The Company shall not be responsible (in any manner whatsoever) for any unauthorized use, violation or misuse of such Information.

Data Retention and Storage

  1. We retain information for varying durations, with a maximum retention period as provided under the applicable law, depending on the purposes for which it is collected and utilized, as provided in this Policy. We refrain from retaining information beyond what is necessary to fulfill these purposes unless a longer retention period is mandated by applicable laws of the land.
  2. In the event that the Company is unable to process the Information submitted by you for whatsoever reason(s), the same shall be deleted unless it is required by us to do otherwise under law and/or as may be required for any internal or external audit purposes.
  3. If certain technical or operational constraints prevent us from promptly deleting or de-identifying your information, in such instances, we will implement reasonable measures to prevent further processing of your information.
  4. The Company has necessary policies, mechanism, and tools in place to ensure all the Information that is collected and stored is deleted as soon as the Purpose as described in this Policy is completed unless it is mandated by law to be maintained by the Company.
  5. Any data destroyed shall be disposed of in a manner that protects the privacy of your Information, in an appropriate manner as per the industry standard practices and norms.

Your Rights

  1. The Company shall be happy to update or correct your Information upon your written request sent to report@myamericandoctor.com.
  2. You have the right to ‘opt out’ of providing Information and may withdraw the ‘Consent’ expressly in writing to report@myamericandoctor.com

Data Security

  1. The security of your Information is important to us. We have adopted reasonable security practices and procedures to ensure that the Information collected is secure. We restrict access of your Information to 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. We shall use reasonable measures as prescribed under law to protect your Information from any unauthorized access, loss, use or disclosure.
  2. While we will endeavor to take all reasonable and appropriate steps to keep secure any Information which we hold about you and prevent unauthorized access, you acknowledge not to hold the Company liable in any way in relation to any breach of security or unintended loss or disclosure of Information caused by us.
  3. No employee or administrator will possess knowledge of your account password on the Platform. It is imperative for you to safeguard your account against unauthorized access by protecting your password and mobile phone, among other measures. You are responsible for the prudent utilization of the Application. We do not assume liability for any unauthorized usage of your account and password.
  4. If you suspect any unauthorized activity on your account, promptly notify us by sending an email to our grievance email. You are liable to indemnify us for any losses incurred due to such unauthorized use of your account or password.
  5. The Company shall adopt all the suitable measures to diagnose any problems with the server and to administer the Platform including by blocking certain addresses that it feels are inappropriately using its Platform. In the event of any breach or attempted breach by any third party, the Company shall endeavor to rectify the problems as soon as possible.
  6. The Company may collect the following information:
  1. anonymous data from every Visitor of the Platform to monitor traffic and fix bugs which includes (without limitation) information like web requests, the data sent in response to such requests, the Internet Protocol address, the browser type, the browser language, unique identifiers of the device through which the Platform is accessed, such as VPN, information of Wi-Fi connectivity and a timestamp for the request; and
  2. log file information is automatically reported by your browser each time the Platform is viewed. The server supporting the application logs may include information such as web request, IP address, analytical code, geo stamp, browser type, browser language, referring/exit pages and universal resource locators (“URL”), platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular page, the date and time of the request (“Log File Information”). Such Log File Information collected is not associated with any Personal Information and is only tagged to the unique identifier for a particular device.

Liability

  1. The Company shall in no manner be liable for any violation under this Policy, if the Information,
  2. is already available in public domain; or
  3. is collected by way of any illegal and unlawful means; or
  4. is provided by any person who is incompetent.

Modification or Change to Privacy Policy

  1. The Company may change this Privacy Policy from time to time, as may be required under law.
  2. You need to frequently check this page for any changes to the Privacy Policy. The Company will notify you of any material changes in advance by either email or when you log in to Platform. You confirm your continued use of our Platform after any change in this Privacy Policy will constitute your acceptance of such changes and agree to be subject to the revised Privacy Policy.

Grievance Redressal

  1. We have appointed a grievance officer to address any concerns or grievances that you may have regarding the processing of your Information. If you have any such grievances, please write to our grievance officer at report@myamericandoctor.com and our officer will attempt to resolve your issues in a timely manner.

Permissions

  1. Once the Platform is downloaded and installed, you may be prompted to grant certain permissions to allow the Platform to perform certain actions on your device. These actions include permission to:
  1. Location: Permission is required to get personalized care within the proximity of your location.
  2. Camera: Permission is required to have virtual consultations with the doctor’s team and to take a picture of your documents;
  3. Photos/Media/Files/Storage: Permission is required for easy upload/download of the pictures/documents/files from your device storage;
  4. Phone Number: Permission is required to initiate the call (phone dialer) to customer support/care team.
  5. Bluetooth: Permission is required to take audio/video calls over a bluetooth device.
  6. Microphone: Permission is required to send the voice notes to your care team.
  7. Wi-Fi: Permission is required to connect the App to get health care needs.

Use of Cookies

  1. Cookies are pieces of information that a website or application transfers to the hard drive of a User’s computer for record-keeping purposes. This information facilitates your use of Platform and ensures that you do not need to re-enter your details every time you visit it. We also use such information to provide Users a personalized experience on the Platform. We may use such information to allow Users to use the Platform without logging-in upon returning.
  2. You can control the cookies through your browser settings. You can erase or choose to block these cookies from your computer. You can configure your computer’s browser to alert you when we attempt to send you a cookie with an option to accept or refuse the cookie. However, changing the setting may limit the range of features available to the Visitor on Platform.
  3. When you browse this Platform, the servers of the Company may automatically collect your usage data. This helps the Company identify and track your usage of the Platform and in the process collects some data such as name of the domain and host from which you have accessed the internet, IP address of the computer that you are using, the date and time of your access, et cetera. We use this data to monitor the usage of this Platform and also whatever is necessary for our business. This data does not include your Personally Identifiable Information.
  4. Cookies cannot be used to run programs or deliver viruses to your computer. They are uniquely assigned to your device and are sent back to the originating website on each subsequent visit.
  5. We do not control the use of Cookies by third parties.

Link to other Websites

  1. The Platform may contain links to other third party websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. The third party sites are not under the control of the Company. We are not responsible for the privacy practices of such other websites.
  2. We request you to be to read the privacy statements of each and every website that collects personally identifiable information that you visit. This Policy applies solely to information collected by this Platform. If you decide to access any of the third-party sites linked to the Platform, you do this entirely at your own risk.

Compliance with Laws

  1. You are not allowed to use the services on the Platform if any of the terms of this Privacy Policy are not in accordance with the applicable laws of your country.

Indemnity

You agree and undertake to indemnify us against all claims, demands, direct, indirect or consequential losses, causes of action, liability, costs and expenses (including legal and other costs) which are made or brought against or incurred by us in relation to any suit or dispute by any third party arising out of disclosure of your personal data by you to third parties either through the Platform or otherwise and your use and access of the Platform, and resources of third parties. We assume no liability for any actions of third parties with regard to your personal data, which you may have disclosed to such third parties.

Severability

Each paragraph of this Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context. The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this Policy.