POLICY AND YOUR CONSENT AND AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
YOU ARE HEREBY PROVIDING YOUR UNCONDITIONAL CONSENT AND AGREEMENT TO PHABLE CARE AS PROVIDED
UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.
- www.phablecare.com/ Phable (hereinafter referred to as “Phable Care”, “Phable Application”, “Website” or the “Platform”, which term includes the website, sub-domains of the website, software, mobile application(s) or any other medium through which Phable Care may provide its services) is owned and operated by M/s Terrals Technologies Pvt. Ltd., a Company incorporated under the provisions of the (Indian) Companies Act, 2013 having its registered office at No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102.
- Phable Care is an internet based service provider that provides a healthcare platform intended to be used by end users / patients to connect with doctors / physicians / hospitals. Phable Care aims to be a world-class medical Internet of Things (“IoT”) device integrator that connects smart devices to enable trained healthcare professionals to monitor patients and their health on a real-time basis based on scientifically collected and mapped data. Phable Care integrates various devices used in hospitals with consumer medical devices on a single platform. The data collected from various sources is analysed using medical algorithms which have been co-created with various leading doctors. This allows doctors to gain real-time insight on patient’s adherence to prescriptions and enables them to provide better customised care to individual patients. Patients also are able to keep track of their ailments and treatment which helps them avoid future complications. Phable Care may require patients’ personal information, including sensitive personal information for collation, mapping and analysis, however such information shall only be collected with consent from the patients/ end users themselves and shall only be shared with trusted third parties, such as doctors and hospitals, and shall not under any circumstances be sold or shared to any other third party.
- Acceptance of these terms is a prerequisite for usage of services in the platform. By virtue of using these services, it is deemed that you accept all and any of the terms and conditions specified in the Agreement. The Agreement constitutes the entire agreement between you and Phable Care and governs your use of the Platform's Service, superseding any prior agreements between you and Phable Care.
- By using our Platform and the services provided through our Platform, you herein represent and warrant that you are atleast 18 (eighteen) years old. Kindly refrain from using the Platform if you are not 18 (eighteen) years old.
- Collection of Personally Identifiable Information and other Information
- When you use the Platform, we collect and store your personal information which is provided by you from time to time. Our primary goal in doing so is to provide you with a safe, efficient, smooth and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize the Platform to make your experience safer and easier. More importantly, while doing so we collect personal information from you that we consider necessary for achieving this purpose. We may also collect sensitive personal information, including geo-location, biometric information, physical and physiological condition, etc. subject to your consent, in order to facilitate real-time analysis and monitoring of your health by trained professionals.
- In general, you can browse the Platform without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Platform. However, you will need to create a personal profile in order to use the Platform and to connect your various devices or to connect with doctors / hospitals via the Platform. The details you include in your personal profile shall be viewable by us and by your doctor / physician / hospital and other persons with whom you may voluntarily chose to share your personal profile, in order to provide smooth services and to ensure authenticity and prevent fraud and mischief.
- If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback, we will collect the information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.
- The information we collect during registration on the Platform, shall be retained on our servers for a period of one hundred and eighty days after any cancellation or withdrawal of your registration, as the case may be.
- If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Platform, we may collect such information into a file specific to you.
- We collect personally identifiable information (email address, name, phone number, etc.) from you when you set up an account with us. We may use your contact information to send you promotions, advertisements or warnings and alerts based on your physical condition and data collected by us or if requested to do so by your physician / hospital. We may share your personal information with your doctors / hospital, or to our employees, agents, partners or with trusted third parties, on a purely ‘need-to-know’ basis and will treat such information as confidential information
- We may collect non-personal identification information about users whenever they interact with the Platform. Non-personal identification information may include the browser name, the type of computer and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service provider utilized and other similar information, including Media Access Control (MAC) address, screen resolution, operating system version, Internet browser type and version. We may collect similar information, such as your device type and identifier, if you access the Platform through a mobile device.
- Your personal information may be stored and processed in any country where we have facilities or service providers, and by using the Platform, or by providing consent to us (where required by law), you agree to the transfer of information to countries outside of your country of residence, which may provide for different data protection rules than in your country.
- Use of Personal Information:
- We use personal information to provide the services you request and to connect you to doctors / hospitals and to monitor your health and physiological status on real time basis. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe service; measure consumer interest in specific products and services, alert you to sudden changes in your physiological condition; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection.
- The Company requires certain information in order to provide You with the Services when You access the Website, which includes but not limited to:
- Contact data including phone number, e-mail id and postal address,
- Date of Birth
- Any other information that you may voluntarily choose to provide at your discretion.
- The information collected by the Company may at times constitute ‘Personal Information’ or ‘Sensitive Personal Information’ under the SPI Rules. As per the SPI Rules, Personal Information means 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
- d. The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information about that person relating to:
- 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
- visitor details as provided at the time of registration or thereafter and
- Call data records.
- 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 Personal Information or Sensitive Personal Data or Information
- In our efforts to continually improve our product and service offerings, we collect and analyse demographic and profile data about our users' activity on our Website. Phable Care reserves the right to provide aggregate demographic information of its members / user base to advertisers, organizations / associations, governmental authorities / departments, third party service providers and others in furtherance of the objects of Phable Care and in the interests of promoting transparent and consumer / user – driven practices and policies. We may share some of your personal information to trusted third parties on the Platform in order to ensure transparency, authenticate and verify the information provided to us or collected by us.
- We do not share sensitive personal information of individual Users with advertisers, retailers or third parties that advertise their products / services on the Platform or with governmental authorities or third party service providers. However, we may from to time, disclose personal and sensitive personal information in accordance with, and only to the extent required under applicable laws
- We identify and use your IP address to help diagnose problems with our server and to administer our Website. Your IP address is also used to help identify you and to gather broad demographic information.
- Sharing of information with third parties
- Phable Care takes your privacy very seriously. However, there may be times when we need to disclose your personal information to third parties.
- Phable Care reserves the right to share recordings of all phone calls made between:  any User and Phable Care;  any service provider and Phable Care;  any User and service provider of Phable Care to legal, accounting or other advisors that provide professional services and / or who assists us in training, quality monitoring and quality enhancement of our services to the user and / or service providers. You hereby grant your irrevocable consent to Phable Care to share such call recordings to third parties for such purposes. You further disclaim and / or abandon any right to sue Phable Care in relation to the same.
- We may share personal information with corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
- We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
- Part of the functionality of Phable Care is assisting doctors maintain and organise patient information. Phable Care may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information on your behalf.
- SAFETY GUIDELINES
Phable Care is always reaching out to a wider audience by showcasing the best of our user’s contributions. However, in doing so, we will not allow to be uploaded, published or posted anything on the Platform that, in our discretion, we think could be potentially endangering or inflammatory or embarrassing to our Users. The following are pointers to be kept in mind by Users in the interests of their safety online and on the Platform :
- ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. THIS APPLICATION IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.
- Users are solely liable for the security of their passwords. No administrator at Phable Care will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Platform when finished. Phable Care does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Phable Care by sending an email to email@example.com.
- All Users are responsible for the safety of their personal information. We strongly recommend that users do not disclose their physical addresses, email addresses, telephone numbers or other personal information online for public viewing.
- All Users need to be aware that if they upload their photos on the Platform, these photos can also be downloaded, since any image that can be displayed on a computer screen can be saved by the person viewing it. It is technically not possible to prevent this and hence Phable Care cannot be held liable in such cases. If you are worried about someone else viewing or saving your images then please do not submit them. If your doctor or hospital asks for a photo or image in furtherance of any communication between you and such doctor, you may in your discretion, send them such photo personally and not through the Platform.
- Do not post chain letters, promote pyramid schemes or recruit other Users for any network marketing or multilevel marketing businesses.
- Do not recruit other Users to join another website forum or chat group, whether personal or otherwise
- All Users are reminded that they may be held legally accountable for what they say or do online. In particular, Users may be held liable for any defamatory comments, threats and / or untrue statements or other illegal and fraudulent claims made by them.
- If any User fails to observe the above rules of conduct at any time, Phable Care reserves the right to terminate the User and / or delete all their contributions or posts (either temporarily or permanently) from the Platform, depending on the nature and severity of the breach and without prior warning or consent of the User.
- Storage and Security
- We endeavour to securely store all information we gather within databases controlled by us. However, we may store information in locations outside our direct control (for instance, on servers or databases co-located with hosting providers.
- Our databases are stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, you agree and acknowledge that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
- We use commercially reasonable safeguards to preserve the integrity and security of your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment
- In using the Platform, you accept the inherent security implications of data transmission over the internet and the world wide web cannot always be guaranteed as completely secure. Therefore, your use of the Platform will be at your own risk.
- We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security.
- In the event we become aware of any breach of the security of your information, we endeavour to take appropriate action to the best of our ability to remedy such a breach
- Links to Other Sites
Our Website may provide links to other websites that may collect personally identifiable information about you. Phable Care is not responsible for the privacy practices or the content of such third party websites.
- Security Precautions
Our Website has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access. We use reasonable organizational, technical, and administrative measures to protect personal information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you have with us has been compromised), please immediately notify us of the problem by contacting us or e-mailing us at firstname.lastname@example.org.
- Advertisements on Phable Care and its sub-domains
We may use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
- Visibility of user contributions
In addition to being an Internet service connecting smart devices and providing monitoring of individuals’ health, Phable Care may also provide a forum for its users to provide feedback in respect of the goods and services provided by service providers / other Users / doctors/ hospitals etc. Since such expression is necessarily linked to the User’s identity and such expression is in the public domain, the compilation of a User's creative contributions to Phable Care will be visible to all visitors of the Platform, whether or not they are registered members or users of the Platform.
- Copyrighted material
Uploading copies of copyrighted material as a whole or in part on the Platform without explicit permission from the copyright owner shall be deemed to infringe on the copyright and this applies to materials such as text, images, music, movies, games, and other software in digital and analogue format. Phable Care reserves the right to immediately delete such material without prior permission / consultation from the user. If you suspect that an image submitted to Phable Care and/ or its sub-domains is copyright protected and has been used fraudulently, please contact us immediately or send us an email.
- Your Consent :
- Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Address: No. 2734, 1st Floor, 1st Sector HSR Layout, 16th Cross, 27th Main, Bangalore-560102 Email – email@example.com
Any compliant in relation to content found on the Platform or for breach of applicable Information Technology Rules shall be emailed to the Grievance Officer stated above within 15 (fifteen) days of receipt of knowledge by the aggrieved party or by person authorized to act on behalf of the aggrieved party.
We shall endeavour to within twenty-four hours from the receipt of a complaint made by an individual or any person on his behalf, in relation to any content which is prima facie in the nature of any material which exposes the private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored, published or transmitted by it.