PRIVACY POLICY

Prologic Consulting Private Limited (“us”, “we”, or “Prologic”, which also includes its affiliates) is the author and publisher of the internet resource www.talktomedic.com (“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”).

This privacy policy ("Privacy Policy") explains how we collect, use, share, disclose and protect Personal information about the Users of the Services, including the Practitioners, the End-Users, and the visitors of Website/Mobile App ( jointly and severally referred to as “you” 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.

This Privacy Policy governs the manner in which https://www.talktomedic.com (Prologic Consulting Private Limited) collects, uses, maintains and discloses information collected from users for the Services offered. This privacy policy specifically applies to the Website– www.talktomedic.com and its related Mobile App only and does not in any way relates to any other product or services owned by Prologic Consulting Private Limited.

BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD 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 (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1. RELEVANT RULES, REGULATIONS & GUIDELINES

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 “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

User’s Note:

• 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 Prologic immediately.
• You understand that Prologic 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 seamless medical services 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/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 inaccuracies, or amend information by making the change on our User information page or by contacting us through (E-mail) . We will make efforts for the requested changes in our database at the earliest. If you provide any information that is or becomes untrue, inaccurate, out of date or incomplete, or Prologic has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Prologic may, at its sole discretion, discontinue the provision of the Services to you.
• That the User may pay with a credit card, wire transfer, debit card or cheque for Services to the Payment Gateway - Razorpay Software Private Limited (“Razorpay”). User’s credit card number and/or other financial institution information such as bank account numbers will be collected by Razorpay 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 such secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology.
• The Website/Mobile App uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by Prologic and its service providers for the technical administration of the Website/Mobile App, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, Prologic 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 Website/ Mobile App, but the Website/ Mobile App may be limited in the use of some of the features.

Certain Cookies which we use are:

• Session Cookies - We use Session Cookies to operate our Service.
• Preference Cookies - We use Preference Cookies to remember your preferences and various settings.
• Security Cookies - We use Security Cookies for security purposes.
• A User shall have limited access to the Website/Mobile App without creating an account on the Website/ Mobile App. In order to have access to all the features and benefits on our Website/ Mobile App, a User must first create an account on our Website/ Mobile 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 Prologic, 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.
• This Privacy Policy applies to Services that are owned and operated by Prologic. Prologic does not exercise control over the sites displayed as search results or links from within its 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 Prologic is not responsible or liable. Accordingly, Prologic does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, mobile apps, nor does Prologic guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites/mobile apps. The inclusion or exclusion does not imply any endorsement by Prologic of the website, the website's provider, or the information on the website or on the mobile app. If you decide to visit a third party website/mobile app linked to our Website/Mobile App, you do this entirely at your own risk. Prologic encourages the User to read the privacy policies of that website/mobile app.
• The Website/Mobile App 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 Prologic representatives or agents, and their opinions or statements do not necessarily reflect those of Prologic, and they are not authorized to bind Prologic to any contract. Prologic 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.
• Prologic has taken recourse of best industry 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. Prologic 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 Prologic’s business. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, Prologic shall not be held liable for any loss whatsoever incurred by the User.

Practitioners Note:

• 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, to a reasonable extent and the veracity of such information as provided by the patient, rests with the patient only who shall strive to provide accurate, complete and correct details. 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.
• The Registered Practitioner shall fully rely upon the test results, medical history, past records shared by the patient on the online/real time platform and deem them to be true and correct for the Registered Practitioner to render professional medical advice to the patient via orally, by way of prescription or advising further tests etc. At no point of time, can the registered medical practitioner be held responsible for rendering inadequate medical advice or medical negligence of any manner, if the medical details shared by the patient are misleading, false and deceptive, irrespective of the fact that the same were in the knowledge of the patient or not.
• 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 info@talktomedic.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.com 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.com or the Mobile App and its Digital Health Service – TalkToMedic.
• You are not a casual visitor if you have willingly submitted any personal data or information to Prologic through any means, including email, post or through the registration process on the Website/Mobile App. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

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 support@talktomedic.com. 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.

5. CHANGES TO PRIVACY POLICY

Prologic may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Prologic treats User’s personally identifiable information, or in the Privacy Policy itself, Prologic will display a notification on the Website/Mobile App or send Users an email, so that you may review the changed terms prior to continuing to use the Services. If any User objects to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@talktomedic.com to deactivate your account. Unless stated otherwise, Prologic’s current Privacy Policy applies to all information that Prologic has about you and your account. If a User uses the Services or accesses the Website/Mobile App after a notice of changes has been sent to such User or published on the Website/Mobile App, such User hereby provides his/her/its consent to the changed terms. We encourage Users to frequently check the Web page for any changes to stay informed as to how we are helping to protect the personal information we collect from the Users.

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

You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website/Mobile App and the other Services, and you unconditionally agree that becoming a User of the Website/Mobile App and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to Prologic using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website/Mobile App and use of the Services is subject to this Privacy Policy and the Terms of Use.

9. ADDRESSING FOR PRIVACY CONCERNS

In case you have questions about this Privacy Policy or Prologic's information collection, use and disclosure practices, you may contact, the concerned personnel appointed by Prologic in accordance with the provisions of law/guidelines. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to our Data Protection Personnnel: