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LEGAL

Last updated on Jan 1, 2023

Privacy Policy

We, Medsynaptic Private Limited ("Company", "we", "us", "our") are the owners of the website www.medsynaptic.com (the "Website").

The Company also provides various software products in the healthcare domain, including but not limited to RIS-PACS, Teleradiology, Telecardiology, MiniPACS, ScanDoc, SonoDoc, ScopyDoc, CardioDoc and XImager. ("Products")

We respect the privacy of individuals and are committed to transparently sharing our processing activities. This privacy policy ("Privacy Policy") sets forth how we collect, use and protect the personal information received or collected via the Website and Products.

Unless otherwise set out below, each capitalized term in this Privacy Policy shall have the meaning as set out in any applicable agreements shared with the Products including but not limited to the End User License Agreement ("EULA"), Software as Service agreements ("SaaS Agreements") and software licensing agreements.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING "I AGREE" OR BY CONTINUING TO ACCESS THE WEBSITE, USE THE PRODUCTS, VOLUNTARILY PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE US WITH ANY PERSONAL INFORMATION AND NOT ACCESS THE WEBSITE OR USE THE PRODUCTS.

IF YOU ARE ACCESSING THE WEBSITE OR USING THE PRODUCTS ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE THE PRODUCTS AND TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE PRODUCTS SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE PRODUCTS.

THIS PRIVACY POLICY IS GOVERNED BY AND IS COMPLIANT WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011, WHICH IS DESIGNED TO PROTECT THE PERSONAL INFORMATION; AND OTHER APPLICABLE RULES AND REGULATIONS RELATED TO PRIVACY.

1. Definitions

  • "User", "Your" or "You" will mean any permitted employees or consultants including any radiologists, administrative users, referring physicians, transcriptionists, hospital staff, doctors, medical researchers, or technicians who have access to Products.
  • "Patient Health Data" shall mean and includes information, recorded in any form or medium, that relates to the state of physical or mental health status of individuals and includes records regarding past, present and future state of the health of such individuals, data collected in the course of registration for or provision of health services, the determinants of health and health hazards, the availability of health resources and services, or the use and cost of such resources and services. Patient Health Data can be any data including but not limited to, patient name, Patient ID, study type, study modalities, age, gender/sex, height, weight, medical history, diagnosis, images related to medical conditions, videos, unique identity numbers issued by private or government organizations, health conditions, observations/remarks regarding medical conditions, radiological reports, sonography report, endoscopy reports, pregnancy status etc. Patient Health Data is uploaded to the Products by the Users.

2. Information Collected

For purposes of this Privacy Policy, "Personal Information" means information that can be used to identify a natural person (including Users), including but not limited to full name, mobile number, residential address, email address, company name, and designation.

a) Personal Information on the Website

  • Personal Information collected when you contact us: We may collect certain Personal Information when you contact us or request for a demo or call us or send us an email through our Website including but not limited to your name, email address, phone number, state/city and any other information you provide to us.
  • Personal Information collected for recruitment purposes: We may collect certain Personal Information if you apply for a job through the careers page on our Website.
  • Social Media Platforms: If you subscribe to our blog, newsletters or contact us through social media platforms such as LinkedIn, Facebook, Twitter etc. ("Social Media"), we may get access to your Personal Information on such Social Media (such as your name, email id, and phone).

b) Personal Information via the Products

  • Users Personal Information: We may collect User details and Personal Information including but not limited to name, qualification, hospital/clinic name, hospital section, radiology group, address, phone number, city, email, fax, etc.
  • Patient Health Data: We are data processors and process Patient Health Data on behalf of Users. Users are responsible for obtaining consent from patients and maintaining the privacy of patients.

c) Payment Information

You may elect to pay for the Products and any services through our web applications or Websites, we may collect certain information such as name and email address to process your request. You will be required to provide certain payment information directly to our payment processing partners, including but not limited to your name, credit/debit card information. We do not access, store or collect your credit/debit card information.

d) Technical Information

We may also collect some technical information which includes and is not limited to internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website/Products.

3. Cookies

We use cookies and/or similar in-house and third-party tracking tools to track user traffic patterns. Tracking tools also used are beacons, tags and scripts to collect and track information and to improve and analyze our Website and Products. You may choose to disable cookies through your browser settings.

What are Cookies?

Cookies are alphanumeric files that are placed on your device when you visit a website. It allows us to recognize your device and store some information about your preferences or past actions, analyze trends, learn about our user base, operate and improve our Products and provide you with a better experience when you visit our Website/Products.

a) Types of Cookies Used

  • Permanent cookies: Permanent cookies help us recognize you as an existing User, so it's easier for you to return to the website without signing in again. After signing in, the permanent cookies stay on your browser and will be read when you return on to our sites. These remain on your computer/device for a pre-defined period.
  • Session cookies: Session cookies only last for as long as the session exists (they get erased when the user closes the browser). As for the domain to which it belongs, there are either:
    • First-party cookies: These cookies are set by the web server of the visited page and share the same domain.
    • Third-party cookies: These cookies are placed by third party on your device and may provide information to us and third parties about your usage of the website.
    • Analytical Tools: Analytical tools are instruments or techniques that are used to analyze and interpret data or information. There are many different types of analytical tools, including statistical software programs, data visualization tools, decision-making frameworks, and forecasting models. Overall, analytical tools are important for helping people make data-driven decisions and understand complex information more easily.

b) Use of Cookies

We use Personal Information captured through cookies to make your interaction with us faster and more secure. They may be used for the following purposes:

  • Preferences: Cookies allow the Website/Products to remember information that changes the way the site behaves or looks, such as your preferred language or the region you are in. Remembering your preferences enables us to personalize and display advertisements and other contents for you.
  • Security/Optimization: Cookies allow us to maintain security by authenticating users, preventing fraudulent use of login credentials and protect user data from unauthorized parties. We may use certain type of cookies allow us to block many types of attacks, such as attempts to steal content from the forms present on the Website.
  • Processing: Cookies enable the Website/Products to work efficiently. Basis such cookies, we are able to deliver services that a website visitor expects, like navigating around web pages or accessing secure areas of the website.
  • Advertising: We may use cookies to make advertising more engaging to our users. Some common applications of cookies are made to select advertising based on what's relevant to you, to improve reporting on campaign performance and to avoid showing ads you would have already seen. Cookies capture information about how you interact with the website, which includes the pages that you visit most.
  • Communication: We may use information collected via cookies to communicate with you, for sending newsletters, seeking your opinion and feedback and providing you services and promotional materials.
  • Analytics and Research: We may use cookies to better understand how people use our Products so that we can improve them.

c) Disabling Cookies

You can decide whether to accept or not to accept cookies. You can disable the cookies by adjusting the settings on your browser (see your browser Help for how to do this). Disabling cookies may affect the functionality of our Website.

4. Accuracy of Information

Users undertake that they shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information and Patient Health Data shared/uploaded via the Website or Product whether of its own or any third party. In the event the User is sharing any Personal Information and User on behalf of a third person, the User represents and warrants that he has the necessary authority and consent to share such Personal Information, obtained written consent from such third party and we shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.

5. Use of Personal Information

We shall use the Personal Information collected from the Website/Products as follows:

a) Personal Information provided by visitors of Website

  • To respond to enquiries pertaining to our services and Product offerings
  • To provide information about any new offerings and/or our periodic newsletter
  • To provide job opportunities at the Company and recruitment purposes

b) Personal Information provided by Users of the Products (including Patient Health Data)

  • To complete the registration/subscription formalities and to create an account for the User ("User Account").
  • To provide User with the Products and services and to assist the User in the event the User needs any additional support.
  • To provide information about any new offerings and/or our periodic newsletter.
  • To assist User with technical difficulties that may arise in relation to User's use and access of Products.
  • For creation or development of business intelligence or data analytics in relation to the Products.
  • To create anonymized or aggregated data sets for the Company's own purposes.
  • To contact or communicate with patients if required for the Company's business purposes.
  • To build new products, software, solutions, algorithms and further for research and development purposes.
  • To comply with our legal or statutory obligations as well as protect our interest or our User's interests.

6. Anonymized Data

We may also use your Personal Information collected to create aggregate anonymized data. We shall ensure that such anonymized data will not be directly identifiable to you or to the Personal Information shared with us. We may use this anonymized data for any purpose including but not limited to conduct research, analytical purposes, commercial usage, enable advancements in medical technology, train artificial intelligence models developed by us or third parties and to improve our Products. By visiting or using the Website/Products, you provide us with the right to use your Personal Information including Patient Health Data to create anonymized data sets and use it for our business purposes.

7. Disclosures

We do not sell, rent, share, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. However, you expressly consent to disclose or share Personal Information in the following cases:

  • Administrators: We may provide access to User's Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.
  • Service Providers: We may share your Personal Information with the service providers who work with us in connection with the Website and/or providing the Products. All such service providers are subject to stringent confidentiality and privacy restrictions consistent with this Privacy Policy.
  • Merger or Acquisition: We may transfer Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Products, to a third party. Any third party or resultant entity that receives the Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use Personal Information. In the event of such a sale or transfer, we may notify the Users.
  • Legal and Regulatory Authorities: We may be required to disclose Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Personal Information to (a) law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us; (c) to enforce or apply this Privacy Policy or our other policies or agreements; (d) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (e) respond to claims that any Personal Information violates the rights of third-parties; (f) or protect the rights, property, or personal safety of the Company, or the general public. User agrees and acknowledges that we may not inform User prior to or after disclosures made according to this section.

8. Data Retention

We will retain Personal Information as long as it is required to be retained for the purpose of provision of the Products and services. We may also retain and use Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

9. Security

User's Personal Information including Patient Health Data may be stored on servers, storage facilities controlled by the Users or our customers or we may facilitate such storage through third-party cloud servers. We have implemented appropriate security measures including encryption techniques to protect Patient Health Data. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hackproof. Data pilferage due to unauthorized hacking, virus attacks, or technical issues is possible, and we take measures to mitigate any such incidents.

User is responsible for all the actions that take place under the User Account. If User chooses to share User account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User account, User may lose substantial control over Personal Information and may be subject to legally binding actions. It is User's responsibility to keep User's password confidential and secure.

10. Accessing and Modifying Personal Information

In case Users that avail our Products need to access, review, and/or make changes to Personal Information including Patient Health Data they may do so by themselves on their User account.

11. Your Rights

You have the right to access your Personal Information in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, right to object to our use of your Personal Information, right to request to port your Personal Information, withdraw consent at any time where we are relying on consent to process your Personal Information. If you withdraw your consent, we may not be able to provide certain products or services to you. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request.

12. Links to Other Websites

Our Website/Products may contain links to other websites or platforms/applications of your interest. Please note that we do not have any control over other websites, and you will be accessing these websites at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites.

13. Choice and Opt-Out

We may send you communications including but not limited to (a) notices about your use of our Website/Products, including those concerning violations of use, (b) updates, (c) promotional information regarding the Website/Products, (d) newsletters and (e) invite to participate in surveys in connection with our Products or Company's business. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt-out, at any time, by emailing privacy@medsynaptic.com with your specific request.

14. Children's Privacy

If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers. Users are responsible for obtaining appropriate consent from patients under the age of 18 years for processing Patient Health Data.

15. Limitation of Liability

USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

16. Governing Laws and Disputes

This Privacy Policy shall be construed and governed by the laws of India. Any dispute arising, between you and us shall be submitted to the arbitration to be conducted in Pune, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by us, and the award made in pursuance thereof shall be binding on you and us. Subject to the arbitration provisions, you agree that the courts in Pune, India shall have an exclusive jurisdiction over such disputes.

17. Changes to This Policy

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Website/Products and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Website/Products.

18. Contact Us

If you have any questions or concerns or grievances regarding this Privacy Policy or would like to withdraw your consent, you can email our grievance officer Mr Nikhil Surve (surve@medsynaptic.com).

Address: Medsynaptic Private Limited, 5th Floor, Manikchand Galleria, Near Homi Bhabha Hospital, Model Colony, Shivaji Nagar, Pune 411016 India

Medsynaptic

Medsynaptic is a leading provider of healthcare imaging solutions, committed to delivering innovative and reliable technologies to the medical community.

With a focus on quality and customer satisfaction.

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