Privacy policy

Instalimb India Pvt. Ltd. (referred to as “Company”, “we”, “us”) is the author, publisher and owner of the internet resource https://ja.instalimb.com/, https://ja.instalimb.com/, https://tl.instalimb.com/, https://india.instalimb.com/ and other in-house software which the Company owns, operates and manages (together referred to as “Websites”) on the world wide web as well as other software and applications provided by the Company, including but not limited to the mobile applications (referred to as “App”). The Company through its offline stores in India together with the Website and App provide services to its Users (“Services”). [The Company provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)]. This privacy policy (“Privacy Policy”) explains how we collect, use, share and protect personal information about the Users of the Services (jointly and severally referred to as “you” or “User” or “Users” in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

By confirming that you are bound by this Privacy Policy (by the means provided on this website or App), by using the Services or by otherwise giving us your information, you agree to the practices and policies outlined in this Privacy Policy and you hereby consent to our collection, use and sharing of your information as described in this Privacy Policy. We reserve the right to change, modify, and or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If you do not agree with this Privacy Policy at any time, do not use any of the Services or give us any of your information. If you use the services on behalf of someone else (such as your child) or an entity, you represent that you are authorized by such individual or entity to accept this Privacy Policy on such individual’s or entity behalf.

Why is Privacy Policy required?

This Privacy Policy is published in compliance with, inter alia Section 43A of the Information Technology Act, 2000:
  • Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “Rules”);
  • Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
  • This Privacy Policy states the following:
    1. (a) Type of information collected from the Users, including sensitive personal data or information;
    2. (b) Purpose, means and modes of usage of such information;
    3. (c) How and to whom we will disclose such information.

    Personal Information

    We require certain information from you to cater to your needs. At the time of accessing our Services, we may ask you to voluntarily provide us with certain information that identifies you personally or can be used to personally identify you. Subject to the generality of the above, information collected by us through our Website, App or offline stores may include (but not limited to):
    1. A. Contact data (such as your email address and phone number);
    2. B. Demographic data (such as your gender, your date of birth and your pin code);
    3. C. Data regarding your usage of the services and history of the appointments and other transactions made by or with you through the use of Services;
    4. D. Health or medical data (such as your past medical history and conditions, diagnostic reports, prescriptions and medication history);
    5. E. Insurance data (such as your insurance carrier and insurance plan); and
    6. F. Other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters, your work details, your family details).

    The information collected by us may constitute ‘personal information’ or ‘sensitive personal data or information’ under the Rules.

    Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

    Sensitive Personal Data and Information is defined as information that may consist of:
    1. A. password;
    2. B. financial information such as Bank account or credit card or debit card or other payment instrument details;
    3. C. physical, physiological and mental health condition;
    4. D. sexual orientation;
    5. E. medical records and history;
    6. F. biometric information;
    7. G. any detail relating to the above clauses as provided to body corporate for providing service;
    8. H. any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

    Provided, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as sensitive personal data or information for the purposes of these rules.

    Acceptance of Terms of Use and Privacy Policy

    A condition of each User’s use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by the Company immediately.

    All the information provided to us by a User, including sensitive personal information, is voluntary. You understand that the Company either itself or with its Partners, may use certain information of yours, which has been designated as ‘sensitive personal data or information’ under the Rules for the following purposes (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 Partners; (d) Publishing such information on the Website; (e) contacting Users for offering new products or services; (f) contacting Users for taking product and Service feedback; (g) analyzing software usage patterns for improving product design and utility; (h) analyzing anonymized information for commercial use.

    You, as the User, hereby consent to such use of such information by the Company and our Partners.

    The collection of information which has been designated as ‘sensitive personal data or information’ under the Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law. Our Services may be unavailable to you in the event such consent is not given.

    Users’ personally identifiable information, which they choose to provide on the Website or App or offline stores is used to help the Users describe their ailment/identify themselves. Other information that does not personally identify the Users as an individual, is collected by the Company or our Partners from Users (such as, patterns of utilization described above) and is exclusively owned by Company or its Partners. We or our Partners 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. In particular, we and our Partners reserve with us the right to use anonymized User demographics information and anonymized User health information for the following purposes, (a) analyzing software usage patterns for improving product design and utility; (b) Analyzing such information for research and development of new technologies; (c) Using analysis of such information in other commercial product offerings of the Company or our Partners; (d) sharing analysis of such information with third parties for commercial use.

    Accuracy of Information

    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 in accuracies, or amend information by making the change on your profile information page on the Websites or App or by contacting us at in.service@instalimb.com. 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 the Services to you.

    If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through in.service@instalimb.com. 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 or our Partners as long as necessary for us to provide our Services effectively or improve the Services, but our use of the anonymized data will be solely for analytic purposes.

    Payment Details

    The Company may require the User to pay with a credit card, debit card, net banking or other online payment mechanisms for Services for which an amount(s) is/are payable. The Company 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 offered by a third-party payment gateway. 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. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.

    Cookies

    Due to the communications standards on the Internet, when a User or anyone who visits the Website, we automatically receive the URL of the site from which anyone visits. We also receive the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer/ device 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 the Company improve its Service. The linkage between User’s IP address and User’s personally identifiable information may be available to us or our Partners but is not shared with other third parties. Notwithstanding the above, we may share 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 our business.
    The Website may use cookies to store certain data (that is not sensitive personal data or information) that is used by us and our partners for the technical administration of the Website, App, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, the Company 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.
    In order to have access to all the features and benefits on our Website or App, a User must first create an account on our Website or App. 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 the Company to identify the User: name, User ID, email address, address, date of birth, gender, phone number and password chosen by the User. Other optional information may be requested on the registration page. We may, in future, include other optional requests for information from the User to help us to customize the Services to deliver personalized information to the User. However, We assume your consent in relation to various matters, once you complete the registration process.

    Link to third party websites

    This Privacy Policy applies to Websites, App and Services that are owned and operated by the Company. We do not exercise control over the sites that may be 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 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, 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. The inclusion or exclusion does not imply any endorsement by the Company of the website, the website’s provider, or the information on the website. If you decide to visit a third party website linked to the Website, you do this entirely at your own risk. The Company encourages the User to read the privacy policies of that website.
    The Services may enable a 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 the Company representatives or agents, and their opinions or statements do not necessarily reflect those of the Company, and they are not authorized to bind the Company to any contract. The Company 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.

    Other Conditions

    If you are using the Websites or App, with your permission, we will use the geolocation feature of your mobile device or same or similar feature of the device you are using to access the Websites. When you download and use the App, we automatically collect information on the type of device you use, operating system version, and the device identifier. The Company and our Partners do not share your location information with other any third party. You may opt out of location based services on your mobile phone by changing the relevant/ applicable setting at your device level.
    The Company does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each User must agree to under the terms of use in order for the Company to effectively render the Services).
    The Company 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 unauthorised access, improper use or disclosure, unauthorised 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, the Company or its Partners shall not be held liable for any loss whatsoever incurred by the User.
    The Company ensures it and its partners implement reasonable security practices and procedures that are commensurate with respect to the information being collected and the nature of the Company business. The reasonable security practices and procedures implemented by us include but are not limited to encrypting data when it is on the move using industry standard practices, regularly changing production keys and password, secure access to all production servers, performing regular security updates on our servers and more.

    Sharing of Information

    The Company may disclose your Personal Information in the following ways:
    1. (a) Disclosure to Government authorities or as required by law

      The Company may share your Personal Information with Government and/or statutory authorities in response to court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences, as otherwise required by law. The Company warrants that (i) such information will be disclosed only in accordance with applicable laws and regulations; (ii) are made in good faith and belief that such disclosure is reasonably necessary for enforcing the Policy.

    2. (b) Disclosure to Acquirers

      The Company may disclose and/or transfer your Personal Information to an acquirer, assignee or other successor entity situated within or outside India in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of the Company.

    3. (c) Disclosure to Group Companies, Affiliates

      The Company may share and/or transfer your Personal Information to any of its other group companies, affiliates or subsidiaries and officers and employees of such group companies, affiliates or subsidiaries for the purpose of processing personal information on its behalf and carrying on business operations. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

    4. (d) Disclosure to Third Parties (Situated In or outside India)

      The Company may engage third parties, any agent, or contractor to provide various services to the Company in connection with the Website or the operation of the Company’s business and services or to collaborate with Company to host events. If any such third party must have access to your Personal Information in order to perform its services, the Company endeavors to ensure that such third-party use and disclose the Personal Information in accordance with the restrictions outlined in this Policy. The Company may also share your information with third parties to conduct promotion and/or ad campaigns in case you have explicitly chosen to authorise the Company for sharing your information. The Company may provide and utilise the Information and data collected to certain third parties as the Company may deem fit, for undertaking data analysis via third party analytical tools. The third-party analytical tools are utilised in order to analyse the data and information to personalize, drive insights and thereby provide a better performance, improve the quality of features and provide seamless services to the User.

    5. (e) Disclosure of Certain User Information

      The Company shall not share your permanent account number, unique identification number, copy of your driving license and passport with any third party.

    Confidentiality and Security

    Your Personal Information is maintained by the Company in electronic form on its or its employees and Partners equipment. Such information may also be converted to physical form from time to time. We take 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 the Company’s business.
    No administrator at the Company 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 or device. Be sure to log off from the Website when finished. The Company and its Partners do 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 the Company by sending an email to in.service@instalimb.com. You shall be liable to indemnify the Company its employees and Partners due to any loss suffered by them due to such unauthorized use of your account and password.
    The Company makes all User information accessible to its employees only on a need-to-know basis.
    Part of the functionality of the Services is assisting the patients, customers and other stakeholders (like doctors, labs, pharmacies, customer care executives and others) to access information relating to them. The Company may, therefore, retain and submit all such records to the relevant patients, their doctors or other stakeholders.
    Notwithstanding the above, the Company 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, the Company and its Partners 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 the Company and its Partners including, 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.

    Changes to Privacy Policy

    The Company may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way the Company treats User’s personally identifiable information, or in the Privacy Policy itself, the Company will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. If you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact [●] to deactivate your account. Unless stated otherwise, the Company current Privacy Policy applies to all information that the Company has about You and Your account.
    If a User uses the Services or accesses the Website or uses the App after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.

    Retention of Data

    We will retain Personal Information only for as long as is necessary for the purposes set out in this Policy. In addition, we will retain and use Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain certain data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

    Consent to this Policy

    You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website, the App and its Services signifies your assent to this Privacy Policy. Your visit to the Website, use of the App and use of the Services is subject to this Privacy Policy and the Terms of Use.

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