Medgator Healthcare (‘us’, ‘we’, or ‘Medgator’, which also includes its affiliates) is the owner and publisher of the platform DayDoc (‘DayDoc’), which may include a mobile application and/or internet resource site.
2.1 Generally, some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by Medgator. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
2.2 The information collected from you by Medgator may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules and will have the meaning and definition given thereunder.
2.3 Medgator will be free to use, collect and disclose information that is freely available in the public domain without your consent.
3.1 ALL USERS NOTE:
3.1.2 All the information provided to Medgator by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that Medgator may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Practitioners and their practice, (e) debugging customer support related issues, (f) for the purpose of contacting you to complete any transaction if you do not complete a transaction after having provided us with your contact information in the course of completing such steps that are designed for completion of the transaction. Medgator also reserves the right to use information provided by or about the End-User for the following purposes:
3.1.3 If you have voluntarily provided your Personal Information to Medgator for any of the purposes stated above, you hereby consent to such collection and use of such information by Medgator. However, Medgator shall not contact you on your telephone number(s) for any purpose, if such telephone number is registered with the Do Not Call registry (‘NDNC Registry’) under the TRAI regulations without your express, clear and un-ambiguous written consent.
3.1.5 Medgator does not control or endorse the content, messages or information found in any Services and, therefore, Medgator specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against Medgator relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Medgator relating to the same.
3.1.6 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through _____. 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 Medgator has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Medgator may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where Medgator will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
3.1.7 If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through __ . We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in Medgator being unable to provide you with its Services or to terminate any existing relationship Medgator may have with you.
3.1.8 If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at email@example.com.
3.1.9 Medgator may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. Medgator will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, Medgator provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
3.1.10 Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the platform, Medgator automatically receives the URL of the site from which anyone visits. Medgator also receives the Internet Protocol (IP) address of each User’s system (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help Medgator improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, Medgator may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
3.1.11 The platform uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Medgator and its service providers for the technical administration of the platform, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Medgator may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any Personal Information of the User. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the platform, but the platform may be limited in the use of some of the features.
3.1.12 A User may have limited access to the platform without creating an account on the platform. Unregistered Users can make appointments with the doctors by providing their name and phone number. In order to have access to all the features and benefits on our platform, a User must first create an account on our platform. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is Personal Information allowing others, including Medgator, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from Medgator, is optional. Medgator may, in future, include other optional requests for information from the User to help Medgator to customize the platform to deliver personalized information to the User.
3.1.14 The platform may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized Medgator representatives or agents, and their opinions or statements do not necessarily reflect those of Medgator, and they are not authorized to bind Medgator to any contract. Medgator hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
3.1.16 Medgator maintains a strict ‘No-Spam’ policy, which means that Medgator does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent..
3.1.17 Medgator has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Medgator shall not be held liable for any loss whatsoever incurred by the User.
3.1.18 Medgator implements reasonable security practices and procedures and has a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Medgator’s business.
3.2 PRACTITIONERS NOTE:
3.2.1 As part of the registration as well as the application creation and submission process that is available to Practitioners on Medgator, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners.
3.2.3 Practitioners’ personally identifiable information, which they choose to provide to Medgator, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Medgator. You will be the owner of your information and you consent to Medgator collecting, using, processing and/or disclosing this information for the purposes hereinafter stated. Medgator may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. Medgator also reserves the right to use information provided by or about the Practitioner for the following purposes:
3.2.4 Medgator automatically enables the listing of Practitioners’ information on its platform for every ‘Doctor’ or ‘Other Service providers using its software. The Practitioner information listed on platform is displayed when End-Users search for Practitioners on platform, and the Practitioner information listed on platform is used by End-Users to request for doctor appointments and other medical services. Any personally identifiable information of the Practitioners listed on the platform is not generated by Medgator and is provided to Medgator by Practitioners who wish to enlist themselves on the platform, or is collected by Medgator from the public domain. Medgator displays such information on its platform on an as-is basis making no representation or warranty on the accuracy or completeness of the information. As such, we strongly encourage Practitioners to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. Medgator will, however, take reasonable steps to ensure the accuracy and completeness of this information.
3.2.5 Medgator may also display information for Practitioners who have not signed up or registered for the Services, provided that the Practitioners have consented to Medgator collecting, processing and/or disclosing their information on the platform. Such Practitioners are verified by Medgator or its associates, and Medgator makes every effort to capture accurate information for such Practitioners. However, Medgator does not undertake any liability for any incorrect or incomplete information appearing on the platform for such Practitioners.
3.3 END-USERS NOTE:
3.3.1 As part of the registration creation and submission process that is available to End-Users on this platform, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users.
3.3.3 If you have inadvertently submitted any such information to Medgator prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then you may access, modify and delete such information by using options provided on the platform .
3.3.4 End-Users’ personally identifiable information, which they choose to provide on the platform is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by Medgator from End-Users (such as, patterns of utilization described above) and is exclusively owned by Medgator. Medgator may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Medgator reserves with it the right to use anonymized End-User demographics information and anonymized End-User health information for the following purposes:
3.3.5 Medgator will communicate with the End-Users through email, phone and notices posted on the platform or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their ‘Account’ at _____ and changing the account settings.
3.3.6 All Medgator employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. Medgator has put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which Medgator transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
3.3.7 To the extent necessary to provide End-Users with the Services, Medgator may provide their Personal Information to third party contractors who work on behalf of or with Medgator to provide End-Users with such Services, to help Medgator communicate with End-Users or to maintain the platform . Generally, these contractors do not have any independent right to share this information, however certain contractors who provide services on the platform , including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.
3.4 CASUAL VISITORS NOTE:
3.4.1 No sensitive personal data or information is automatically collected by Medgator from any casual visitors of this platform , who are merely perusing the platform .
3.4.3 If you, as a casual visitor, have inadvertently browsed any other page of this platform prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser platform should ordinarily clear all temporary cookies installed by Medgator. All visitors, however, are encouraged to use the ‘clear cookies’ functionality of their browsers to ensure such clearing / deletion, as Medgator cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the platform .
4.1 Your Personal Information is maintained by Medgator in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. Medgator takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of Medgator’s business.
4.2 No administrator at Medgator 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. Medgator does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Medgator by sending an email to - firstname.lastname@example.org . You shall be liable to indemnify Medgator due to any loss suffered by it due to such unauthorized use of your account and password.
4.3 Medgator makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
4.4 Part of the functionality of Medgator is assisting the Practitioners to maintain and organize such information. Medgator may, therefore, retain and submit all such records to the appropriate authorities, or Practitioners who request access to such information.
4.5 Part of the functionality of the Medgator is assisting the patients/End Users to access information relating to them. Medgator may, therefore, retain and submit all such records to the relevant patients, or to their Practitioners.
4.6 Notwithstanding the above, Medgator is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Medgator shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Medgator including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
Medgator strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Medgator platform and Services are not intended for use by minors, Medgator respects the privacy of minors who may inadvertently use the internet or the mobile application.