Preface
UpkaR Assist, a company incorporated under the laws of India having its registered office at at 16, Ashokegarh , Dunlop, Kolkata 700018 (hereinafter referred to as "UpkaR Assist") has coined, adopted and is operating the website https://www.upkarassist.org/ (including but not limited to software applications, mobile applications, “hereinafter referred to as Digital Platform”) for providing catena of Services.
Privacy Policy
This Privacy Policy (“Policy“) is made, and hosted in accordance with the following Information Technology Laws,
a. Information Technology Act, 2000
b. Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
c. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011
This Policy document is an ‘electronic record’ within the meaning of section 2(t) of the Information Technology Act, 2000 and the rules made thereunder. This Policy being an electronic record requires no signature
This Policy should be read in conjunction with the “Terms and Conditions of Use” of the Digital Platform which are deemed to have been incorporated herein by way of reference.
Usage
This Policy conveys the mode, method and manner in which UpkaR Assist collects, stores and disseminates the Personal Information (“Information”) from the Users (hereinafter referred to as “User” “Users” or “you”). For the purpose of this Policy User(s) shall mean such individuals who are competent to contract under the Indian Contract Act, 1872 and wish to subscribe to the Services (offered by UpkaR Assist by itself or through third party service providers) on this Digital Platform by visiting this Digital Platform, UpkaR Assist therefore requests the Users on this Digital Platform, to carefully and comprehensively read and understand the Policy before they consent to the terms herein and start using or accessing this Digital Platform or subscribing to any of the Services offered through this Digital Platform. In the event of any disagreement or Users do not accept to the terms of this Policy or the Terms of Use of this Digital Platform herein they are advised to forthwith disengage and leave this Digital Platform.
Modification
Notwithstanding anything contained herein or the Terms of Use, UpkaR Assist reserves its right to add, update, change, edit, alter, amend, modify, review, revise, vary or substitute this Policy with or without prior notice.
By using or accessing this Digital Platform, the Users categorically agree to have read and understood this Policy/Terms of Use and acknowledge that they shall be bound by the terms of this Policy/Terms of Use including any addition, updation, change, amendment, revision, modification and substitution. UpkaR reserves its right to terminate the services of any user who do not subscribe or violate the terms of this Policy.
Collection and Processing of Information
UpkaR Assist does not disclose or share any information which it collects from Users with Third Party/Parties, save and except those mentioned in this Privacy Policy and, in accordance with its Privacy Policy or as per procedure prescribed by law, or in compliance with legal obligations.
Information we collect from User(s)/you
Identity Details, Contact Details, Personal Health Information (PHI), Personal Data, Sensitive Personal Data, Technical Information (such as IP address etc), Security Details (such as User Name, Password), Other Details (as may be required for providing the Services). We do not share any Identifiable Personal Information with any individuals, organizations and other companies. User(s) information is securely stored and utmost confidentiality is maintained and may be accessed/used/disseminated by us as per the terms specified herein.
Purpose for which information is collected from User(s)/you
The Information provided by User(s)/you and collected by us on this Digital Platform may be accessed/used/disseminated for the following purposes and the User(s) explicitly consent to the same:
-
a. Communicating with the User(s)
b. Providing the Services contemplated under this Digital Platform
c. Offering new Services
d. Analytical purposes in anonymous form or as de-identified data and for this purpose we may take assistance of our affiliates and trusted business partners in India or Outside India for research, development, studies, betterment of services, understanding the User(s) Experience, serving the individual needs of the User(s) and improving the overall health delivery services/health outcome of the User(s). UpkaR Assist may disclose aggregated information, but it will never contain Information that will identify a single User.
e. Obtaining feedback
f. Record their telephonic, Video and chat conversations during their interaction with support staff and UpkaR Assist can use it for legal, training and quality purposes
g. Customizing User(s) needs and send personalized communications
h. To send messages including but not limited to emailers, bulk emailers, SMS etc intimating the User(s) about UpkaR Assist’s healthcare services, healthcare packages, offers and other promotional content. These messages may be sent using various third-party service providers
When User(s) interact with or respond to an email campaign shared by UpkaR Assist, User(s) may be re directed to third party website(s). The third-party website may collect information about User(s) device, browser, IP address, operating system, interaction with an email etc. The third-party websites may also use cookies or other tracking technologies to identify the behavioural pattern of the User(s).
Processing, Disclosure and Sharing of information collected from the User (s)/you
a. Information collected from the User(s)/HCPs/HSPs on the Digital Platform forms an essential part of business structure and may be shared/used as described hereinbelow and User(s) hereby consent to the same:
-
(i) Third Party Service Provider(s),
Information including but not limited to contact details, email ID will be shared with Third Party Service Provider(s), retailers, logistics service providers, E-mail Service Providers and other providers for providing the Services for the User(s) pursuant to the User(s) requests, especially while facilitating the Laboratory Services. Information is likely to be exchanged while fulfilling orders, delivering reports, etc. and for sending communications through e-mailers.
(ii) Analytics Purpose(s),
User(s) Information/data in deidentified form may be used by UpkaR Assist or shared with Third Party(ies) either in India or outside India for Analytical Purposes for improving User(s) experience and User(s) use of the Platform.
(iii) Other Associated Services,
User(s) Information/Data may also be used for providing (a) assistance, (b) effective search results and links (including listings and paid services) and (c) customer experience/service. UpkaR Assist assures that any information exchanged herein shall be in accordance with its Privacy Policy.
(iv) Information required by law,
-
a. UpkaR Assist may share the information given by the User(s) if directed by any judicial or a statutory authority or against receipt of judicial or statutory order or to comply with applicable law. Please be assured that no such information will be provided to any Third Party for any commercial purpose in any such way which is contrary to the commitments made under the Privacy Policy.
b. Information required for investigation,
UpkaR Assist may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms and/or privacy policy, or as otherwise required law.
c. In the event, if there is any information which has to be provided outside the scope of this Privacy Policy, a prior notification and request for consent /approval will be shared with the User(s).
d. Destruction of Data/Information Supplied by the User(s)/you
Any data/information supplied by the User(s)/you and collected by us shall be securely stored for the duration required under applicable law. In the event any User(s)/you are deleting their account or a User account becomes inactive, the concerned User(s)/you shall have no access to the data/information supplied and collected by us and the same shall be deleted from our servers after the duration for which it is required to be stored
Editing Information
After User(s) create the account and if there is any change in the Information provided earlier, the User(s) can edit their profile and make necessary modifications. User(s) are solely responsible for the Information provided by them.
Cookie Policy
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes.
This Website and Mobile Application uses cookies to store certain data (that is not sensitive personal data or information) that is used to provide customized information when the User(s) or Unregistered User(s) returns to the Website. "Cookies" are used to store User(s) or Unregistered User(s) preferences and to track User(s) or Unregistered User(s) trends, so as to enhance their interactive experience and generally improve the website’s services to them. In the course of serving advertisements or optimizing services to its User(s), UpkaR Assist may allow authorized third parties including but not limited Google Inc, E-Mail Service Providers, statistical analytical services for analytical and statistical purposes and to place or recognize a unique cookie on the User’s or Unregistered User’s browser.
Creation of User Account on behalf of third party
If any User(s) creates an account on this Digital Platform for and on behalf of any other Party/ third party (other than for his use) like their family member(s)/friend(s) such User(s) acknowledge that they are duly authorized by the other Party/third party to create an account on this Digital Platform by furnishing such details as may be required for availing the Services, In case any User(s) is/are creating account on behalf of a minor, such User(s) acknowledge that they are legally authorized to act on behalf of such minors. User(s) acknowledge that UpkaR Assist shall in no case be held responsible/liable for any third party claims/damages if any arising from any action in this regard.
Promotions
With a view to provide better Services UpkaR Assist may send various communications to the User(s) regarding its Products/Services If the User(s) do not wish to receive such communications they may unsubscribe to such communications as per the procedure set out in those communications.
Financial Information
For availing certain Services/Products the User(s) may be required to subscribe/purchase such Services by entering requisite payment details. The payment details are captured by third party service providers and the User(s) are advised to read the terms and conditions of such third party service providers before making any payment. For the purpose of this section it is clarified that the Digital Platform does not collect sensitive personal or security related information like passwords etc., which are totally under encryption. User(s) may note the Third Party Service Providers are not under the direction, supervision and control of UpkaR Assist and UpkaR Assist expressly disclaims any and all liabilities associated, therewith. User(s) are advised to note this while providing their personal or security related information.
Access to the Digital Platform
-
a. Registered User(s) will have complete access to the Digital Platform
b. Unregistered User(s) will have restricted access to the Digital Platform
Unregistered User(s) please note that you shall also be bound by the terms of this Policy as well as the Terms of Use of this Digital Platform
Third Party Links
UpkaR Assist may provide certain of the Services contemplated under this Digital Platform directly by itself or through third party service providers. This Digital Platform may contain links of such third party service providers and their Digital Platform. UpkaR Assist shall not in any way be responsible for the content, Terms of Use, Privacy Policy, the mode of operations of such third party service providers.
User(s) may note the Third Party Service Providers are not under the direction, supervision and control of UpkaR Assist and UpkaR Assist expressly disclaims any and all liabilities associated, therewith, The User(s) are hereby advised to carefully read the Terms of Use and the Privacy Policy and other relevant documents of such third party service providers/websites as accessing such third party Digital Platform is at the sole risk of the User(s). User(s) may also note that the third party digital platform may collect various types of information of the User(s) and their behavioural patterns. UpkaR Assist definitely conveys to the User(s) that it does not monitor or have any control over the affairs of such third party websites or the contents therein. User(s) are categorically advised to get in touch with the third party digital platform and seek information/clarification about their operations and functioning.
USER INFORMATION
‘User information’ for the purpose of this Policy includes the User’s personally identifiable information including but not limited to name, email address, residential address, phone number, photograph, identity and address proof and other information collected by UpkaR Assist to provide its Services/Products to the User through their Digital Platform. User(s) have the option not to provide any information if they do not intend to avail any Service/Product. If any User(s) are providing information on behalf any legal entity or third party, such User(s) should be authorized to provide the information.
SECURITY AND RESTRICTIONS
To protect your privacy and security, UpkaR Assist takes steps to verify Users’ identity before granting Users access to accounts, or before Users can make corrections to their information. Users are advised to maintain a strong password to help ensure the security of user accounts.
UpkaR Assist implements high standard security measures to protect User(s) Information from and against unauthorized access. To this effect, UpkaR Assist uses certain, physical, managerial, technical and operational safeguards as per industry standards and established best practices to protect information of Users which is collected by UpkaR Assist.
Notwithstanding the above, User(s) may note that no online platform can fully eliminate the security risks. UpkaR Assist shall take all possible measures to protect the date, security, confidentiality and integrity of the User(s) information from unauthorised access. User(s) may also note that internet where the Digital Platform is hosted is not completely a secure environment, therefore UpkaR Assist does not warrant a 100% security of the User(s) Information/data from being hacked/misused/copied/used unauthorizedly and in such cases User(s) agree not to hold UpkaR Assist responsible for any consequences arising therefrom.
Notwithstanding anything contained in this Policy or elsewhere, UpkaR Assist shall not be held responsible for any loss, damage or misuse of the User Information, if such loss, damage or misuse is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond the reasonable control of UpkaR Assist and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
GENERAL TERMS
This Policy is to be read in conjunction with and shall be deemed to be part of the Digital Platform Terms of Use
The User Information resides in UpkaR Assist’s database for a certain period of time even after the User ceases to use or access the Digital Platform and in such cases UpkaR Assist is not be liable for any usage of the User Information after the User ceases to use or access the Digital Platform.
The Users hereby agree, consent and acknowledge that User Information shared by them, collected or collated through the Digital Platform could be stored, processed and handled by UpkaR Assist or through its trusted third party service providers as set out in this Privacy Policy.
UpkaR Assist may avail services of third party service providers for sending e-mail communications to the User(s). The third party email service provider(s) will have access to User(s) information and they will be processing User(s) data and information on UpkaR Assist’s behalf. The third party email service provider(s) service involves their data and placement of cookies and may also contain tracking pixels embedded therein along with other tracking technologies. The User(s) would have the option to enable or disable them. The third party Email service providers also track the open and click activity of the e-mail communications by the User(s). The Users have the option to unsubscribe from receiving such e-mail communications.
The User should be aware that the User Information or other data, the User provides to the Digital Platform for availing the services or transacting through the Digital Platform could be read, collected, or used by other users or third parties in which case the User Information might be used for sending messages or communications.
The User agrees and acknowledges UpkaR Assist’s right to utilize the User’s posts, contents, information and other personal data for the purpose of providing services through the Digital Platform. The contents on the Digital Platform may contain comments, post and reviews posted by the Users which may be public and searchable on the internet in which case the User’s comments, post reviews and information and personal data provided to the Digital Platform may be viewed by other users and UpkaR Assist cannot guarantee that other users or third parties have not made copies of or used the ideas and information that the User has shared on the Digital Platform.
If User(s) unsubscribe from the Services and again intends to avail/subscribe to the Services, he/she is authorizing UpkaR Assist to send such information as may be required, including but not limited to SMS, emails for enabling the User(s) to continue to avail the Services. User(s) hereby explicitly consent and agree that any request pursuant to this clause will override any opt-out/ override any opt-out unsubscribe request given by them earlier.
GRIEVANCE OFFICER
In case of any complaints or grievances, the User may contact the Grievance Officer as under:
Head Customer Care
Address 16, Ashokegarh, Dunlop, Kolkata 700018
Email ID: UpkaRapp.ons@gmail.com
GOVERNING LAW AND JURISDICTION
The terms and conditions of this Policy shall be governed by Indian Laws and the courts at Kolkata shall only have exclusive jurisdiction to resolve any disputes.