PRIVACY POLICY
AGILUS DIAGNOSTICS LTD., HAVING ITS REGISTERED OFFICE AT FORTIS HOSPITAL, SECTOR 62, PHASE – VIII MOHALI – 160062 (PUNJAB), INDIA AND CORPORATE OFFICE AT 306, TOWER – A, UNITECH CYBER PARK, SECTOR 39, GURUGRAM – 122002 (HARYANA), INDIA (CIN U74899PB1995PLC045956) IS COMMITTED TO ENSURING THE PRIVACY AND CONFIDENTIALITY OF YOUR PERSONAL INFORMATION.
IN THIS PRIVACY POLICY , AGILUS DIAGNOSTICS LTD. IS VARIOUSLY REFERRED TO AS “AGILUS DIAGNOSTICS”/ “COMPANY”/ “US”/ “OUR” AND “WE”.
THIS PRIVACY POLICY IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE PROVISIONS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES AND REGULATIONS MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THIS PRIVACY POLICY IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND AGILUS DIAGNOSTICS (BOTH TERMS DEFINED BELOW). THE TERMS OF THIS PRIVACY POLICY WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE “I ACCEPT TAB” AND/OR BY ATTENDING ANY OF AGILUS DIAGNOSTICS PATHOLOGY LABS/COLLECTION CENTRES AS WALK-IN PATIENTS AND/OR BY VOLUNTARY USE OF THE APP/ WEBSITE (DEFINED HEREINBELOW) OR BY OTHER MEANS.
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 AND THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 AND THE ALLIED RULES FRAMED THEREUNDER.
PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY USING THE APP / WEBSITE AND/OR BY ATTENDING ANY OF AGILUS DIAGNOSTICS PATHOLOGY LABS/COLLECTION CENTRES AS WALK-IN PATIENTS, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS PRIVACY POLICY.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE APP / WEBSITE.
YOU HEREBY PROVIDE YOUR VOLUNTARY AND UNCONDITIONAL CONSENT OR AGREEMENTS TO AGILUS DIAGNOSTICS AS PROVIDED UNDER SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000 AND SECTION 6 OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023.
THIS PRIVACY POLICY IS TO BE READ ALONG WITH THE TERMS OF USE OF THE AGILUS DIAGNOSTICS APP / WEBSITE. ANY CAPITALIZED TERM NOT DEFINED HEREIN BUT USED IN THIS PRIVACY POLICY SHALL BE SUBJECT TO THE SAME DEFINITION AS SET FORTH IN THE TERMS OF USE.
INTRODUCTION:
In certain exceptional circumstances, where it is not reasonable or practical for us to collect this information directly from you, responsible persons (for example, a spouse or partner, close family member, legal guardian, emergency contact or enduring medical power of attorney) can give consent for collection on your behalf.
WHY THIS PRIVACY POLICY?
This Privacy Policy is published in compliance with applicable laws and regulations.
This Privacy Policy states the following:
WHAT IS THE PERSONAL INFORMATION COLLECTED BY AGILUS DIAGNOSTICS?
The type of information we collect about you depends on who you are, our relationship with you and the nature of our interaction with you.
We obtain two types of information: A) User Provided Information viz., the information which you provide when you attend any of Agilus Diagnostics Labs/collection centres and/or download and register the App or use the Website. Registration with us is optional. However, please keep in mind that you may not be able to use some of the features offered by the App unless you register with us. When you register with us and use the Website /App, you generally provide (i) certain Personal Information; (ii) Transaction related information, such as when you book a test, respond to any offers, or download or use applications from us; (iii) information you provide us when you contact us for help; (iv) credit card/payment information for booking a test on the network of our authorised payment gateways, B) Automatically Collected Information, including, but not limited to, the type of mobile device you use, the mobile operating system, the type of mobile internet browser you use, (i) application may collect and use your precise information about the location of your mobile device.
For the purposes of this Privacy Policy, the term "Personal Information" shall mean any information that may be used to identify you including, but not limited to, (i) Your Name, Address, Mailing Address, Email ID, User Name, Password (ii) age, gender, date of birth and contact details (iii) correspondence address (iv) physical, physiological and mental health condition (v) sexual orientation (vi) Medical Records and History and / or health information relating to your lifestyle relevant to providing healthcare services (such as your medications, medical prescription, record of any past engagements with us, other diagnostic tests and treatments, family medical history, occupational history) (vii) other personal information collected in the form of clinical images and samples (viii) Biometric Information (the amount of information you choose to keep confidential is entirely up to your discretion; you may enter as much or as little information as you choose, except for the information which is mandatorily required).The information essentially required for conducting the test may be gathered at the time when the patient gets registered at any authorized centre of Agilus Diagnostics.
When you attend any of our Labs/collection centres as walk-ins and/or use our Website / App, we collect and store your Personal Information. Our primary goal in doing so is to facilitate and deliver the Services, enable quality and detailed medical diagnosis, provide a safe, efficient, and customized experience to the Users. This allows us to provide services and features that most likely meet your needs, and to even customize our Website / App to make your experience safer and easier. Importantly, we only collect Personal Information about you that we consider necessary for achieving this purpose i.e. for ensuring quality medical diagnosis and also to provide easy/convenient user experience.
Additionally, we also (i) collect the location data of our service provider personnel / phlebotomists when the Website / App is running in the foreground or background of their mobile device through GPS, IP address, to track their trips to our Customer’s location and keep them updated about their real time location status (ii) Customer from their mobile devices through GPS, if they enable us to do so, as to reach their serving location accurately and also to enhance your use of our App, including to improving pick-up locations, enabling safety features and preventing and detecting fraud; (iii) ask for permissions to capture and access your Media Gallery and Camera to allow you uploading your prescription or downloading your test reports.
In general, you can browse the Website without telling us who you are or revealing any personal information about yourself. To fully use our Website / App, you will need to register using our online registration form, where you may be required to provide us with your contact and identity information and other Personal Information as may be requested to and complete the registration process. Once you give us your Personal Information, and initiate registration process, you are not anonymous to us. Wherever possible, we indicate which fields are mandatorily 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 Website / App unless we require it so.
We use data collection devices such as "cookies" on certain pages of the Website / App to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website /App and you may be required to re-enter your password more frequently during a session.
By voluntarily providing/sharing your Personal Information to Agilus Diagnostics -in person/telephone/e-mail and/or by accepting or consenting to the terms of use of Agilus Diagnostics over the in-App/Website; , you shall be deemed to have affirmed your consent to this Privacy Policy and accordingly, consented to the collection and processing of your Personal Information by Agilus Diagnostics for the purpose(s) as set forth herein, as per applicable laws.
Should you, at any time, wish to withdraw your consent for collection or processing of your personal information at any time, please notify our Grievance/privacy Officer using the contact details below. Basis your request, Agilus Diagnostics shall within reasonable time proceed to comply with your request. Withdrawing your consent may affect your ability to access the Services of Agilus Diagnostics.
You hereby also give your consent to Agilus Diagnostics to store the User Information on Agilus Diagnostics servers, as per applicable laws.
You hereby give your consent to Agilus Diagnostics to share with third parties (to the extent permitted by applicable laws), the User Information on the Agilus Diagnostics Website/ App / Digital Platforms or stored on the Agilus Diagnostics servers.
You are responsible for maintaining the accuracy of the information you submit on the Website, App and/or Digital Platforms, such as your contact information provided as part of account registration. If your Personal Information changes or if you have inadvertently submitted information without reading the Privacy Policy, you may correct or delete inaccuracies, or amend information, or delete such information by making the change wherever possible on the Website/App or by contacting us through email. You can send an email to connect@agilus.in to inquire whether the Company is in possession of your personal data and if you do not want the Company to be in possession of such data you may require the Company to delete and destroy all such information. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or the Company has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, the Company may, at its sole discretion, discontinue the provision of its services you.
If the User avails any third party services through the Website / App / Digital Platforms, providing inaccurate or incomplete information, may lead to such third parties being unable to provide its services to the User. The Company accepts no liability whatsoever for the inability of such third parties to provide its services to the End-User and for any loss, injury or damage or inconvenience suffered by the User Information arising therefrom on account of inaccuracy of the information shared by the User with the Company at the time of subscribing to such third party services.
The Company confirms that the collection of User Information is for a lawful purpose and is connected to and necessary for the functions and activities of the Company.
HOW IS THE INFORMATION COLLECTED GOING TO BE USED?
The Personal Information you provide is necessary for such purposes including allowing you to set up a user account and profile and also to provide effective Services.
You agree that we may use your Personal Information to facilitate the Services you request, to resolve disputes, troubleshoot concerns and help promote safe services. You agree that we may use your Personal Information and other information we obtain on the Website / App or at the time of patient registration to enable detailed examination of the medical tests conducted, inform you about online and offline offers, products, services, password retrieval and updates; customize your experience; enforce Terms of Use; and as otherwise described to you at the time of collection.
If you do not wish to receive certain communications, we encourage you to unsubscribe / opt out of the receipt of certain communications in your profile or contact our grievance officer.
We may also draw upon your Personal Information for commercial purposes and in an aggregated or non-personally identifiable form for research, studies, analysis, development of new products/services, for maintaining existing data, advertising including advertising by third parties, statistical analysis and business intelligence purposes, for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
The Company also reserves the right to use the User Information provided by or about the User for the following purposes:
Information that does not personally identify the Users as an individual, is collected by the Company from Users, stored in a non-personally identifiable aggregated form (such as, patterns of utilization described above) and is exclusively owned by the Company.
You hereby consent to the abovementioned use of the Personal Information and User Information by the Company.
This Privacy Policy applies to services that are owned and operated by the Company. The Company does not exercise control over the sites / digital platforms displayed as search results or links from within its services. These other sites / digital platforms may place their own cookies or other files on the Users' computer, collect data or solicit Personal Information from the Users, for which the Company is not responsible or liable. Accordingly, the Company does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites/ digital platforms, nor does the Company guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites / digital platforms. The inclusion or exclusion does not imply any endorsement by the Company of the website/ digital platform, the website's / digital platform provider, or the information on the website/ digital platforms. If you decide to visit a third party website / digital platform linked to the Website / App / Digital Platforms, you do this entirely at your own risk. The Company encourages the User to read the privacy policies of that website.
(iii) Further, you agree that we may share your Personal Information for the following categories of activities from time-to-time:
Advertisements
Other Corporate Entities.
Posting to public areas of the Website/App
(iv) To the extent necessary to provide Users with the services, Agilus Diagnostics may provide their Personal Information to third party contractors who work on behalf of or with Agilus Diagnostics to provide Users with such services, to help Agilus Diagnostics communicate with Users or to maintain the Website/App/Digital Platforms. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website/App/Digital Platforms, including the providers of online communications services, will have the limited rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
HOW IS THE USER INFORMATION PROTECTED?
HOW CAN YOU CONSENT TO THIS POLICY?
You acknowledge that this Privacy Policy is a part of the Terms of Use or other agreements with Agilus Diagnostics, whichever applicable and you unconditionally agree that becoming a User of the Website/App/Digital Platforms signifies your assent to this Privacy Policy and the use of the information including its disclosure in the manner provided above. Your visit to the Website, App and/or Digital Platforms and use of the products and Services of Agilus Diagnostics is subject to this Privacy Policy and the Terms of Use.
Should you have questions about this Privacy Policy or Agilus Diagnostics information collection, use and disclosure practices, you may contact us at the address: gopakumar.panicker@agilus.in. Agilus Diagnostics will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your Personal Information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the grievance officer as mentioned under: [Name: Mr. Gopakumar Panicker, Designation: Manager-Information Security, Email: gopakumar.panicker@agilus.in]
USER DISCRETION AND OPT OUT
The User agrees and acknowledges that it is providing Information out of its own free will. The User has an option not to provide or permit Agilus Diagnostics to collect its User Information which includes its Personal Information or later on withdraw its consent with respect to such User Information so provided herein by sending an email to the grievance officer or such other electronic address of Agilus Diagnostics as may be notified to the User. In such case, the User should neither visit any other website/app nor use any services provided by the Agilus Diagnostics or its related entities nor shall contact any of the Agilus Diagnostics related entities. Further, Agilus Diagnostics may deny the User’s access from using certain services offered on Website / App.
The User can add or update its User Information on regular basis.
CHANGES TO THIS PRIVACY POLICY
Agilus Diagnostics reserves the right to update, change or modify this Privacy Policy at any time. Any update, change or modification in the Privacy Policy shall come to effect from the date of such update, change or modification. However, it is the responsibility of the User to regularly check the Privacy Policy to ensure that the User agrees with it and the continued use of the Website / App / Digital Platforms by the User will be deemed to be the acceptance by the User of any changes/modification that Agilus Diagnostics make in the Privacy Policy.
GOVERNING LAW AND JURISDICTION
The governing law, jurisdiction and related matters with regards this Privacy Policy shall be in accordance with the ‘Terms of Use’.
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