POLICY AND YOUR CONSENT AND AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
- When You use the Platform, We collect and store Your/patient’s personal identifiable information (“PII”) including sensitive personal information (“SPI”) which is provided by You from time to time subject to Your consent, in order to facilitate real-time collation, mapping, 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 PII about Yourself. Once You give Us Your PII, 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 to the Platform. The details You include in Your personal profile shall be viewable by Us and by Your selected medical service provider/s (“MSP/s”) and other persons with whom You may voluntarily choose to share Your personal profile, in order to provide smooth services and to ensure authenticity and prevent fraud and mischief.
- 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 PII or SPI.
- YOUR CONSENT
- YOU ARE HEREBY PROVIDING YOUR UNCONDITIONAL CONSENT AND AGREEMENT TO PHABLE AS REQUIRED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.
- If You need to withdraw consent, update or correct Your PII/SPI or have any grievance with respect to the processing or use of Your Personal Information or SPI, or request that We no longer use Your PII to provide You Services, or opt-out of receiving communications such as promotional and marketing-related information regarding the Services, for any reason, You may send Us an email at email@example.com and We will take all reasonable efforts to incorporate the changes within a reasonable period of time.
- If You do not provide Us Your Personal Information or if You withdraw the consent to provide Us Your Personal Information at any point in time, We shall have the option not to fulfill the purposes for which the said Personal Information was sought and We may restrict You from using the Website, Application or Services.
- Phable reserves the right to share recordings of all phone calls made between:
 any User and Phable;  any service provider and Phable;  any User and service provider of Phable 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 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.
- Collection of Personally Identifiable Information and other Information
The information including PII and SPI We collect during registration on the Platform, including but not limited to:
- Phone number
- Login ID and password
- 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
- Information received by body corporate under lawful contract or otherwise
- Call data records.
- Messages and texts on Our Platform
- Records of interactions and correspondence on Our Platform
- Biometric information
- IP address
We may collect similar information, such as your device type and identifier, if you access the Platform through the Phable Application. Additionally we may also collect & access information post your confirmation such as your SSID/BSSID, Audio, SimSerialNumber, Calendar, Camera, Files & Images present on your device.
- USE OF PII:
YOUR PII MAY BE USED FOR VARIOUS PURPOSES INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
- Facilitate the services You request on the Platform. 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.
- Customize your experience.
- Send promotions, advertisements, marketing content including but not limited to information about new products, services, marketing offers and promotions from Phable and/or associated third parties.
- Send warnings and alerts based on Your physical condition
- Continually improve Our product and service offerings.
- Trusted third parties in order to ensure transparency, authenticate and verify the information provided to Us or collected by Us.
- Help diagnose problems with Our server and to administer Our Website.
- Resolve disputes, provide customer support and troubleshoot problems as permitted by law.
- Comply with Our legal obligations such as respond to court summons / notices, court orders, or other legal process.
- Enforce Our User Agreement.
- Prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Our Services.
- Respond to claims that an advertisement, posting or other content violates the rights of a third party/User; or protect the rights, property or personal safety of our Users or the general public.
- TO AGGREGATE PERSONAL INFORMATION FOR RESEARCH FOR ACADEMIC/STUDIES, CLINICAL OR OTHER RESEARCH, STATISTICAL ANALYSIS AND BUSINESS INTELLIGENCE PURPOSES, AND TO SELL OR OTHERWISE TRANSFER SUCH RESEARCH, STATISTICAL OR INTELLIGENCE DATA IN AN AGGREGATED AND/OR NON-PERSONALLY IDENTIFIABLE FORM TO THIRD PARTIES AND AFFILIATES WITH A PURPOSE OF PROVIDING SERVICES TO THE USERS OR FOR THE ADVANCEMENT OF SCIENTIFIC KNOWLEDGE ABOUT HEALTH AND DISEASE.
- Collect & access your SSID/BSSID from ACCESS_WIFI_STATE to know if you are connected to a WiFi connection. As our Phable application requires continuous internet connection to be able to use the services, this helps identify your current network situation & thus enable us to serve you better or inform you if no internet connection is available.
- Identify & connect to your Bluetooth from BLUETOOTH, BLUETOOTH_ADMIN to help you connect to your external devices for vital logging through Phable application.
- Access your audio & camera through the Phable application after your permission from RECORD_AUDIO & CAMERA in order to enhance your experience while you have consultations with doctors over our Phable application. Additionally, it helps you click a photo of your prescription & upload it.
- Access your files & Images through the Phable application after your permission from READ_EXTERNAL_STORAGE, WRITE_EXTERNAL_STORAGE to enhance your experience & simplify the process of downloading & uploading prescription or any other report.
You authorize us to retain it for the period required as per the applicable law(s) after any cancellation or withdrawal of Your registration, as the case may be.
- SHARING OF INFORMATION WITH THIRD PARTIES:
- We may share Your PII with Your MSP, 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.Each of the data processors to which We transfer PII shall have to agree to comply with the procedures and policies or put in place adequate measures on their own for maintaining the confidentiality and secure Your Personal Information.
- We do not disclose Your PII to third parties for their marketing and advertising purposes without Your explicit consent.
- Part of the functionality of Phable is assisting MSPs maintain and organise patient information. Phable may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information on Your behalf.
- You acknowledge that We may be obligated to by law to disclose or transfer your Personal Information with Courts and Government agencies in certain instances such as for verification of identity, or for prevention, detection, investigation, prosecution, and punishment for offenses, or in compliance with laws such as intimation of diagnosis of an epidemic disease. You hereby consent to disclosure or transfer of Your PII in these instances.
- 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.
- We do not share SPI 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 time to time, disclose PII and SPI in accordance with, and only to the extent required under applicable laws.
- 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 endeavor to take appropriate action to the best of Our ability to remedy such a breach.
- COMPLIANCE WITH LAWS
- Links to Other Sites
Our Website may provide links to other websites that may collect personally identifiable information about You. Phable is not responsible for the privacy practices or the content of such third party websites.
- 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 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 may also provide a forum for its Users to provide feedback in respect of the goods and services provided by MSP/s. 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 Phablewill 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 reserves the right to immediately delete such material without prior permission/consultation from the User. If You suspect that an image submitted to Phable and/or its sub-domains is copyright protected and has been used fraudulently, please contact Us immediately or send Us an email.
- 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 – firstname.lastname@example.org | Phone Number – +91 74061 47147
Any complaint 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 a 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.