Privacy Policy

1. Who is THT?

TOTAL HEALTH TRACKER PRIVATE LIMITED (“THT”) is a company duly incorporated under the provisions of the Companies Act 2013, having its registered office at T.C. 41/2602-1, Alumoodu lane, Arayalloor, Thirumala P.O., Thiruvananthapuram – 695006, Kerala, India, is a subscription-based healthcare technology software service provider which, through its website (the “Website”) and mobile applications (the “Mobile Applications”) collect, save, share, and process information and also facilitates the interaction between specialized Healthcare Practitioners including, but not restricted to doctors, physiotherapists, dietitians, nutritionists, nurses, diagnostic centers, pharmacists, hospital administration etc. (“Healthcare Practitioners”) and recipients (“Patients”).

2. What is this Privacy Policy?

This privacy policy (the “Privacy Policy”) describes THT’s policies and procedures on the collection, processing, and disclosure of the information provided by Healthcare Practitioners, Patients, and Visitors (as defined herein below) of the Mobile Applications and Websites (together referred to as “Users”, as the context may require). THT shall not use the User’s information in any manner except as provided under this Privacy Policy. Every User who uses or accesses the Mobile Applications or Websites shall be bound by this Privacy Policy.

3. Why this Privacy Policy?

This privacy policy (the “Privacy Policy”) describes THT’s policies and procedures on the collection, use, and disclosure of the information provided by Healthcare Practitioners, Patients, and Visitors (as defined herein below) of the Mobile Applications and Website (together referred to as “Users”, as the context may require). THT shall not use the User’s information in any manner except as provided under this Privacy Policy. Every User who accesses or uses the Mobile Applications/ Websites shall be bound by this Privacy Policy.

This Privacy Policy is published in compliance with the Information Technology Act, 2000, Section 43A; The Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information Rules, 2011 (“SPI Rules”); and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Regulation 3(1)(a).

3.2. This Privacy Policy sets out the type of information collected from the Users, including the nature of the sensitive personal data or information, the purpose, means, and modes of usage of such information, and how and to whom THT shall disclose such information.

4. What is Sensitive Personal Data/ Information?

4.1. In accordance with the SPI Rules, any sensitive personal data or information of a person means and includes such personal information about that person relating to:

Passwords;

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 including prescriptions, diagnostic, radiological, and laboratory reports, and history;

Biometric information; and

Any detail relating to the above clauses as provided to THT for providing service;

Information received relating to the above clauses by body corporates for processing, stored, or processed under lawful contract or otherwise.

4.2 However it may be noted that any 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. Users Note

5.1 A condition of each User’s use of and access to the Website, Mobile Applications, and to other services provided by THT to Users (collectively referred to as the “Services”), is his/her/its acceptance of the terms of use available (“Terms of Use”), which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree with any provisions of the Terms of Use or this Privacy Policy is required to leave the Mobile Applications/ Website, as the case may be.

5.2. While browsing the Mobile Applications/ Website, a User is not required to provide personal information as set out under paragraph 4.1 (“Personal Information”) until and unless such User chooses to avail or sign up for any of the Services in line with the registration process set out under the Terms of Use. All the information provided to THT by a User, including Personal Information, is voluntary. The User has the right to request the withdrawal of his/her/its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use. It is the User’s duty to ensure strict caution while giving out any personally identifiable information about himself/herself/itself or his/her family members in use of any of the Services. THT does not endorse the content, messages, or information found in any Services and therefore, THT specifically disclaims any liability with regard to the Services and any actions resulting from the User’s participation in any Services. As a condition to using the Services, you as a User agree to waive any claims against THT relating to the same, and to the extent, such waivers may be ineffective, you agree to release any claims against THT relating to the same.

5.3 PRINCIPLES OF DATA CHANGE The data once entered into a health record system must become immutable. The healthcare provider may have the option to re-insert/append any record in relation to the medical care of the patient as necessary with a complete audit trail of such change maintained by the system. Alteration of the previously saved data is not permitted. No update or update-like command shall be accessible to the user or administrator to store a medical record or part thereof. Any record requiring revision should create a new medical record containing the changed/appended/modified data of the earlier record. This record shall then be stored and marked as ACTIVE while rendering the previous version(s) of the same record being marked INACTIVE.

The data will thus in essence become immutable. A strict audit trail shall be maintained of all activities at all times that may be reviewed by an appropriate authority like auditor, legal representatives of the patient, the patient, healthcare provider, privacy officer, court-appointed /authorized person, etc. as deemed necessary.

As-Is Principal: The data captured through the devices is usually in a certain format whereas the data provided by the doctor as the file may be in some different format. These data provided/included in the system are to be treated as sacrosanct. The “As-Is Principal” requires that the data captured in the first instance should be retrievable at any given point of time later in the same format, clarity, size, and detail as it was provided during the time of record creation. It effectively means that the system is not allowed to make any changes either to the data or its format or its nature at any point other than the creation time for any reason. However, if it is required that the data needs to be altered either to carry some additional information at some later point, like an annotation on images, or correction of errors of omission or commission, etc., it must be done on a copy of the original data, keeping the original data intact, and marking the updated version as active while marking the previous version inactive. The modified data will then become part of the Health record.THT reserves the right to retain a copy of the information which the User had originally provided to THT for documentation and record purposes. Any grievances in relation to the information shared by the User with THT may be brought to the attention of THT by dropping an email to THT on the same.

5.4 For the use of the Services, you may be required to pay THT with a credit card, wire transfer, debit card, or any other digital technology payment platform for the transfer of money, and THT may be required to collect certain financial information from you including, but not restricted to, your credit or debit card number (collectively referred to as “Financial Information”). THT will collect such User’s Financial Information and will use that information only for billing and payment processes. The verification of the Financial Information shall be accomplished only by the User through a process of authentication in which THT shall have no role to play.

5.5 The Financial Information collected from the Users is transacted through highly secure digital platforms of approved payment gateways which are under encryption, thereby complying with state-of-the-art technology standards. While THT shall take every endeavor to ensure that the User’s Personal Information and the Financial Information are duly protected, the User is strongly advised to exercise discretion while providing Personal Information or Financial Information while using the Services given that the internet is susceptible to security breaches.

5.6 Due to the communications standards on the internet, when a User visits the Website, THT automatically receives the uniform resource locator of the site from which such User visits the Website and details of the website wherein such User is visiting or leaving the Website. THT also receives the internet protocol (“IP”) address of each User’s computer resource (or the proxy server a User used to access the internet), the User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of the User’s internet service provider. This information is used solely to analyze overall User trends and to help THT in improving its Services. Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or except when required to provide or facilitate the User with the Services. In addition to the above, the User acknowledges THT’s right to share some of the analysis and findings, not the specific data with advertisers, sponsors, investors, strategic partners, and others in order to help grow the business.

5.7 Mobile Applications and Website use temporary cookies to store certain data. THT does not store personally identifiable information in the cookies. Information collected by THT, by any means whatsoever, that does not personally identify the User as an individual (such as patterns of utilization described above) is exclusively owned by THT and may be used by THT and third-party service providers for technical administration of the Websites, Mobile Applications, user administration, research, development, business development, statistical analysis, and business intelligence purposes. Additionally, THT may sell or otherwise transfer such research, statistical, or intelligence data in an aggregated or non-personally identifiable form to third parties, associates, and affiliates.

5.8 A User may set or amend his/her/its web browsers to delete or disable cookies. If a User chooses to disable cookies on his/her/its computer or mobile telecommunication device, it may impair, degrade, or restrict access to certain areas of the Websites or Mobile Applications. Merely closing the web browser should ordinarily clear all temporary cookies installed by THT. However, Users are encouraged to use the “clear cookies” functionality of their browsers to ensure deletion, as THT cannot guarantee, predict, or provide for the behavior of the equipment of all the Users of the Website or the Mobile Applications, as the case may be.

5.9 THT uses 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, specifically on the Google Content Network (GCN). We respect your privacy and shall collect and store identifiable information through the use of Google’s or any other 3rd party remarketing system with User’s express consent only.

5.10 The third-party vendors, including Google, whose services we use – will place cookies on web browsers in order to serve ads based on past visits to our website. – Third-party vendors, including Google, use cookies to serve ads based on a user’s prior visits to websites in general. This allows us to make special offers and continue to market our services to those who have shown interest in our services.

5.11 This Privacy Policy applies to the Mobile Applications, Websites, and Services that are owned and operated by THT. THT does not exercise control over the websites displayed as search results or links from within the Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information or Financial Information from the Users, for which THT shall not be held responsible or liable. THT does not make any representations concerning the privacy practices or policies of such third parties or the terms of use of such websites, nor does THT guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages, or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by THT of such websites, the websites’ provider, or the information on the website.

5.12 When a User visits or uses the Website or the Mobile Applications by or through a mobile device, THT may access, collect, monitor, and/or remotely store data in relation to the User’s location, which may also include the global positioning system coordinates or similar information regarding the location of the mobile device. The location data does not collect or share any personally identifiable information about the User.

5.13 THT may keep records of telephone calls received from and made to Users for the purpose of administration of Services, research, and development, training, business intelligence, business development, or for User administration. THT may share the telephone records with third parties when required by law or when required to provide or facilitate the User with the Services.

5.14 The Mobile Applications and the Website allows Healthcare Practitioners and Patients to communicate with each other or to post information to be accessed by the Healthcare Practitioners or the Patients, whereupon the Healthcare Practitioners or the Patients may collect such data. THT hereby expressly disclaims any liability for any misuse of such information that is made available by Users in such a manner, neither does THT warrant norguarantees any such data or communication.

5.15 THT does not collect information about the Users of the Websites and the Mobile Applications from other sources such as public records or bodies, or private organizations, save and except for the purposes of registration of the Users.

5.16 THT may choose to conduct contests and surveys to collect relevant information about the Users’ preferences. These surveys and contests are optional and if the User chooses to respond, his/her/its responses will be kept anonymous. The demographic information that the User provides in the registration process and through any surveys or contests is used to help THT improve its services to meet the needs and preferences of Users.

5.17. THT does not knowingly collect personal data from children (only persons above the age of 18 (eighteen) shall be permitted to use the Services as provided in the Terms of Use). In an event, where in contravention of the Terms of Use, a person below the age of 18 (eighteen) uses the Services, THT shall not be held liable or responsible for any damage or injury suffered by such person in logging into the Website or the Mobile Application and making use of the Services.

5.18 THT has implemented industry-standard security policies, rules, and technical measures to protect the Financial Information and Personal Information that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. It is expressly stated that THT shall not be responsible for any breach of security or for any action of any third parties that receive Users’ personal data or events that are beyond the reasonable control of THT including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

5.19 THT shall not disclose any Personal Information or Financial Information to governmental institutions or authorities unless such disclosure is requisitioned under any law or judicial decree or when THT, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.

5.20 THT may share/use Personal Information provided by Users with its subsidiaries and third-party service providers for the purposes of:

enabling Users to enjoy the Services; or

Detecting and preventing identity theft, fraud, and other potentially illegal acts.

5.21 THT may also disclose or transfer the personal and other information provided by Users, to any third-party as a part of the reorganization or a sale of the assets, division, or transfer of a part or whole of the company. Any third party to which THT transfers or sells its assets will have the right to continue to use the personal and other information that Users provide to THT.

5.22 All THT employees and data processors, who have access to, and are associated with the processing of Personal Information or Financial Information provided by Users are obliged to respect the confidentiality of every User’s Personal Information or Sensitive Information.

5.23 The Users acknowledge that this Privacy Policy forms a part of the Terms of Use and unconditionally agree that on becoming a User of the Website, Mobile Applications and THT’s Services, the Users signify their assent to this Privacy Policy. The User’s visit to the Website, use of the Mobile Applications, and any dispute over privacy is subject to this Privacy Policy and the Terms of Use. THT may update this Privacy Policy at any time, with or without advance notice. THT shall not be required to notify the Users of any changes made to this Privacy Policy.

5.24 All information collected from the Users by THT is maintained in electronic form on servers and/or cloud systems and shall be accessible by certain employees of THT. The User information may also be converted to physical form from time to time. Regardless of the manner of storage, THT shall make every endeavor to ensure that the User information is rendered confidential and will disclose User information only in accordance with the terms of this Privacy Policy.

6. Healthcare Practitioners Note

6.1 As part of the registration process that is available to Healthcare Practitioners on the Website or Mobile Applications, certain information including Personal Information or Financial Information may be collected from the Healthcare Practitioners. The privacy statements set out herein shall apply to all Healthcare Practitioners and all Healthcare Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Financial Information to THT, failing which they are required to leave the Website or the Mobile Applications immediately.

6.2 The personally identifiable information Healthcare Practitioners choose to provide on the Website is used to help the Healthcare Practitioners describe and identify themselves. This information is exclusively owned by THT and THT reserves the right to use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis, development, business intelligence purposes, business development, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties, associates, and affiliates.

7. Visitors Note

7.1. No Personal Information or Financial Information is automatically collected from any visitors of the Website or the Mobile Applications who are merely perusing or browsing the Website or Mobile Applications (“Visitor”). Nevertheless, certain provisions of this Privacy Policy are applicable to Visitors, and Visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave the Website and/or the Mobile Applications immediately.

7.2 A User will not merely be a Visitor if the User has willingly submitted any Personal Information or Financial Information (including phone numbers, email addresses, responses to surveys, etc.) to THT through any means, including email, telephone calls, telephonic messaging or through the registration process on the Website or the Mobile Applications. All such Visitors will be deemed to be and will be treated as, Users for the purposes of this Privacy Policy, in which case, all the statements in this Privacy Policy shall apply to the User.

7.3 If you, as a Visitor, have inadvertently browsed any other pages of the Website or the Mobile Applications 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 application on your browser should ordinarily clear all temporary cookies installed by THT. All Visitors, however, are encouraged to use the “clear cookies” functionality on their browsers to ensure such clearing or deletion, as THT cannot guarantee, predict, or provide for the behavior of the equipment of all the Visitors of the Website or the Mobile Applications.

8. Opt-Out Policy

8.1 The subsidiaries and third-party service providers with whom THT may share Personal Information or Financial Information provided by Users are not permitted to market their own services or send promotional e-mails or engage in promotional communication with the Users. THT provides all Users with the opportunity to opt-out of receiving non-essential, promotional, or marketing-related communication from itself or its partners. These settings can be found on the Website or Mobile Application.

8.2 If a User wishes to remove his/her/its contact information from all THT’s lists and newsletters, the User can click on the “unsubscribe” link or follow the instructions in each e-mail message. Alternatively, the User can contact THT at info@totalhealthtracker.com. THT reserves the right to limit membership based on the availability of contact information. All Users will be notified by email prior to any actions taken.