Prologic Consulting Private Limited (“us”, “we”, or “Prologic”, which also includes its affiliates) is the author and publisher of the internet resource www.talktomedic.in (“Website”) on the world wide web as well as the Mobile App, software and applications provided by Prologic, (together with the Website, referred to as the “Services”).
1. RELEVANT RULES, REGULATIONS & GUIDELINES
- 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 “SPI Rules”);
- Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
(Intermediary is defined under Section 2(1)(w) of the Information Technology Act, 2000 to mean - with respect to any particular electronic records, means any person who on behalf of another person receives, stores or transmits that record or provides any service with respect to that record and includes telecom service providers, network service providers, internet service providers, web-hosting service providers, search engines, online payment sites, online-auction sites, online-market places and cyber cafes)
- Telemedicine Practice Guidelines, published by the Indian Government on 25.03.2020 (Such guidelines have been inserted vide an amendment in the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002)
The relevant part of the amendment is as follows:
3.8.1. Consultation through Telemedicine by the Registered Medical Practitioner under the Indian Medical Council Act, 1956 shall be permissible in accordance with the Telemedicine Practice Guidelines contained in Appendix 5.
2. COLLECTION OF PERSONAL INFORMATION
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 any electronic medium, 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 Prologic. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:
i. contact data (such as your email address and phone number);
ii. demographic data (such as your gender, your date of birth and your pin code);
iii. data regarding your usage of the services and history of the appointments made by or with you through the use of such Services;
iv. insurance data (such as your insurance carrier and insurance plan);
v. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.
The information collected from you by Prologic may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.
3. PRIVACY STATEMENTS
- Some information, including Personal Information or Sensitive Personal Data or Information is collected from the Practitioners by Prologic, as part of the registration and application process.
- Practitioners’ personally identifiable information, which they choose to provide to Prologic, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by Prologic. You will be the owner of your information and you consent to Prologic collecting, using, processing and/or disclosing this information for the purposes hereinafter stated. Prologic 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.
- Every Registered Medical Practitioner shall display the registration number accorded to him/her by the State Medical Council/MCI, on prescriptions, website, mobile app, electronic communication (WhatsApp/ email etc.) and receipts etc. given to his/her patients/End-Users.
- Prologic automatically enables the listing of Practitioners’ information on its Website/Mobile App for every ‘Doctor’ or ‘Clinic’ added to a Practice using its software. The Practitioner information listed on Website/Mobile App is displayed when End-Users search for doctors on Website/Mobile App, and the Practitioner information listed on Website/Mobile App is used by End-Users to request for doctor appointments and consultations. Prologic displays Practitioner’s information on its Website/Mobile App 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. Prologic will, however, take reasonable steps to ensure the accuracy and completeness of this information.
- The Practitioner shall exercise proper discretion and not compromise on the quality of care and welfare of End-Users but within the intrinsic limits of telemedicine. The professional judgment of the Practitioner would be the guiding principle for all telemedicine consultations. Prologic believes that a Registered Medical Practitioner is well positioned to decide whether a technology based consultation is sufficient or an in-person review would be required for the End-User. Practitioners should consider the mode/technologies available and their adequacy for a diagnosis before choosing to proceed with any health education or counseling or medication. They should be reasonably comfortable that telemedicine is in the patient’s interest after taking a holistic view of the given situation.
- The Registered Medical Practitioner shall verify and confirm patient’s identity by name, age, address, email ID, phone number, registered ID or any other identification as may be deemed to be appropriate. The Registered Medical Practitioner should ensure that there is a mechanism for a patient to verify the credentials and contact details of the Registered Medical Practitioner. Further the Registered Medical Practitioner would use his/her professional discretion to gather the type and extent of patient information (history/examination findings/Investigation reports/past records etc.) required to be able to exercise proper clinical judgement. If the Registered Medical Practitioner feels that the information received is inadequate, then he/she can request for additional information from the patient. This information may be shared in real time or shared later via email/text, as per the nature of such information. For example, a Registered Medical Practitioner may advise some laboratory or/and radiological tests to the patient. In such instances, the consultation may be considered paused and can be resumed at the rescheduled time. For issuing a prescription, the Registered Medical Practitioner needs to explicitly ask the age of the patient, and if there is any doubt, seek age proof. Where the patient is a minor, after confirming the age, tele consultation would be allowed only if the minor is consulting along-with an adult whose identity needs to be ascertained.
- Registered Medical Practitioner would be required to fully abide by Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 and with the relevant provisions of the IT Act, Data protection and privacy laws or any applicable rules notified from time to time for protecting patient privacy and confidentiality and regarding the handling and transfer of such personal information regarding the patient. This shall be binding and must be upheld and practiced.
End-Users Note: (This section applies to all End-Users)
- User/Patient Consent is necessary, for any telemedicine consultation. Since the patient initiates the telemedicine consultation, the consent shall be ‘implied consent’.
- There are two types of patient consultations, namely, first consultation and the follow-up consultation. Since the first consultation happens to be via video, Registered Medical Practitioner can make a much better judgment and hence can provide much better advice including additional medicines. If a patient has been seen in-person earlier by the Registered Medical Practitioner, then it is possible to be more comprehensive in managing the patient.
- There are certain limitations on prescribing medicines on consultation via telemedicine depending upon the type of consultation and mode of consultation. The categories of medicines that can be prescribed via tele-consultation will be as notified in consultation with the Central Government from time to time.
- Certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users by Prologic as part of the registration/application process.
- If you have inadvertently submitted any such information to Prologic 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 Website/Mobile App. In addition, you can, by sending an email to email@example.com, inquire whether Prologic is in possession of your personal data, and you may also require Prologic to delete and destroy all/any such information.
- End-Users’ personally identifiable information, which they choose to provide on the Website/Mobile App 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 Prologic from End-Users and is exclusively owned by Prologic. Prologic 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.
- Prologic will communicate with the End-Users through email, phone 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 www.talktomedic.in and changing the account settings.
- Prologic may conduct a User survey to collect information about End-Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous and strictly confidential. Similarly, Prologic may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that Prologic collects in the registration process and through surveys is a kind of Feedback/Market Analysis which is used to help Prologic improve its Services to meet the needs and preferences of End-Users.
- Prologic may keep records of electronic communications and telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Practitioners.
- All Prologic 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. Prologic 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 Prologic transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own, for seamless data transfer.
- Prologic may provide End User’s Personal Information to third party contractors who work on behalf of or with Prologic to provide End-Users with certain kind of Services, to help Prologic communicate with End-Users or to maintain the Website/Mobile App. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.
- It shall be the sole discretion of the Medical Practitioner to provide/allow for any kind of “Emergency Services” to the Users for any immediate assistance, first aid or counselling. Prologic vide this Policy advises its Users not to avail the Emergency Services from Medical practitioner vide its platform –www.talktomedic.in or the Mobile App and its Digital Health Service – TalkToMedic.
4. CONFIDENTIALITY AND SECURITY
4.1 Your Personal Information is maintained by Prologic 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. Prologic takes all necessary precautions to protect your personal information both online and offline, 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 Prologic’s business.
4.2 No administrator at Prologic 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 Website/Mobile App when finished. Prologic does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Prologic by sending an email to firstname.lastname@example.org. You shall be liable to indemnify Prologic for any loss of data/security/information suffered by it due to such unauthorized use of your account and password, owing to you.
4.3 Part of the functionality of Prologic is assisting the doctors to maintain and organise such information. Prologic may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information. Furthermore, part of the functionality of the Prologic is assisting the patients to access information relating to them. Prologic may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
4.4 Notwithstanding the above, Prologic is not responsible for the confidentiality, security or distribution of your Personal Information by its partners and third parties outside the scope of our agreement with such partners and third parties. Further, Prologic 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 Prologic including but not limited to, acts of government, pandemics, epidemics, COVID-19, computer hacking, unauthorised 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.
6. LEGAL DISCLOSURES
We may need to disclose information about you when required by law, subpoena, or other legal process or if we have a reasonable belief that disclosure is necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, (4) protect the security or integrity of our Service or (5) for exercising or protecting the rights and safety of Prologic, our Members, personnel, or others. We attempt to notify Users about legal disclosures of their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
7. CHILDREN'S AND MINOR'S PRIVACY
Prologic 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 can also prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take adequate measures and steps to remove that information from our servers.
8. CONSENT TO THIS POLICY
9. ADDRESSING FOR PRIVACY CONCERNS
Name: Mr. Rajiv
Address: C - 98 C, 2nd Floor, Phase 7, Industrial Area,
Sahibzada Ajit Singh Nagar, Punjab 160055