PRIVACY POLICY

PRIVACY POLICY Orbi Health Private Limited ("We","Our"or"Orbi Health"), is a company registered under the Companies Act, 2013, having its registered office at Villa No 28, Windmills of your mind, Plot No-331/A, Opp. L&T Infotech, Road No 5, EPIPBangalore, Karnataka 560066, India. We own and operate www.eka.care and the mobile and other device applications thereof ("Portal") and are committed to protect the privacy and security of personal data belonging to and/or shared by users of Portal including but not limited to healthcare providers and patients("User" "You"or "Your"). We value Your privacy and advise You to carefully read this privacy policy ("Privacy Policy") as this Privacy Policy describes the types of personal data or personal information we collect, how we use the information, how we process and protect the information we collect, for how long we store it, with whom we share it, to whom we transfer it and the rights that individuals can exercise regarding our use of their personal data. We also describe how You can contact us about our privacy practices and to exercise your rights.

You agree that You have acceded to the terms of the Privacy Policy. Your use of the Portal/Services (as defined under the Terms of Use) or any personal information shared by You are subject to the terms of this Privacy Policy and Orbi Health’s Terms of Use. In the event You do not wish to be bound by these terms,You have a choice, which is free from any form of coercion or undue influence, to not access the Portal. This Privacy Policy also applies generally to Our parent, affiliates, subsidiaries, or joint venture websites (if any).

1. CONSENT
   1. We request You to carefully read this Privacy Policy and Terms of Use of the Portal before sharing personal information with us. This Privacy Policy applies to current and former visitors of the Portal. By visiting and/or accessing the Portal (or searching for any of the pages on Our Portal), You explicitly consent and agree to the Privacy Policy laid out herein and by providing Us Your personal information yourself or by making use of the Services provided through the Portal or through Third Party Service Providers (as defined under the Terms of Use), You hereby acknowledge for the collection, receipt, storage, use, processing, disclosure and transfer of Your personal information in accordance with the provisions of this Privacy Policy. No liability pertaining to the authenticity/ genuineness/ misrepresentation/ fraud/ negligence, etc. of the information disclosed shall lie on Orbi Health nor will Orbi Health in any way be responsible to verify any information obtained from You.
   2. Collection, use and disclosure of information which has been designated as Personal Information under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 requires express consent of the User. By affirming Your assent to this Privacy Policy, You provide Your consent to Orbi Health for such use, collection and disclosure for provision of Services.
2. COLLECTION OF PERSONAL INFORMATION
   1. "Personal Information" includes 'sensitive personal data or information’ (as defined under applicable law) and other information that You share with Us whether directly or in combination with other information or is received from Third Party Service Provider, that personally identifies You or could be used to personally identify You.
   2. Users: We may collect information such as Your name, address, email, phone number, medical records and medical history, physical, psychological and mental health condition, payment information such as credit card information and other such information as provided by You while rendering Services of the Portal. We may also collect information that You share in the process of User registration, post in Your feedback, reviews, comments etc. on the Portal.
   3. Non- Personal Information: Information, (viz. type of internet browser and operating system used, domain name of the website from which You came, number of visits, average time spent on the site, pages viewed etc.) may be picked up automatically and without being explicitly provided by You, but during Your interaction with the Portal by the use of certain technologies, such as cookies and web beacons.
   4. We will be using google gmail, read only permission to sync your health records from multiple sources to eka.care.
   5. Orbi Health’s use and transfer to any other app of information received from Google API’s will adhere to the Google API services users data policy, including the Limited Use requirements.
   6. Camera & audio permissions are required to facilitate a tele consultation with doctors & save medical records with Eka care app. The doctor might choose to record the tele consultation for medico-legal reasons.
   7. We will inform you on the tele consolation screen if the doctor chooses to record the video consultation session.
   8. We additionally seek permission for reading & writing files on external storage to allow you to upload & save medical records on Eka Care app which you have full control over whether to share further with doctors or not.
   9. We don't scan any other files from your storage system other than the files you're explicitly uploading
   10. We require permission to use images or capture image from camera for updating profile photo, uploading images as medical record or measuring heart rate using Camera.
   11. We shall only save images where user explicitly chooses to save images with Eka Care app.
   12. Pulse rate detection feature uses a camera flash which can get hot, users are advised to remove their finger if it gets uncomfortable.
   13. We Need access to camera, Images and file upload in order to:
       1. Store medical records
       2. Update user Profile photo
       3. Capture heart pulse rate
   14. The user Images can only be saved on Eka Care app by explicit action by user.
   15. Pulse rate detection feature uses a camera flash which can get hot, users are advised to remove their finger if it gets uncomfortable.
3. We will be using google gmail readonly permissions to sync your appointments from multiple sources to eka.care
4. Orbi Health's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including thte Limited Use requirements.
5. COOKIES
   1. Cookies are alphanumeric identifiers with small amount of data that is stored on the User’s device hard-drive containing information about the User, commonly used as an anonymous unique identifier. Orbi Health and other third party service providers collect information about You using these cookies. Please note, a cookie in no way gives Us access to Your device. Our Portal uses these "cookies" to collect information and to improve Our service. Some cookies and other technologies may serve to recall Personal Information previously indicated by You. Most web browsers are set to accept cookies by default. If You prefer, You can usually choose to set Your browser to remove cookies and to reject cookies. If You choose to remove cookies or reject cookies, this could affect certain features of the Portal.
   2. Other websites may place their own cookies or other files on Your device, collect data or solicit personal information from You, for which We shall not be held responsible or liable. We encourage You to read the privacy policies of all external sites.
6. USE OF PERSONAL INFORMATION
   1. You agree and acknowledge that all information gathered from You, that is, information that is voluntarily provided by You or received from Third Party Service Providers and information that may be automatically collected, may be used by Orbi Health for the following purposes:
      1. to comply with central, state or local laws that require disclosure;
      2. to respond to law enforcement officials or to judicial orders, subpoenas or other process;
      3. to avert a serious threat to health or safety;
      4. to enable the provision of Services opted by You including collating all User medical records, reports and other data;
      5. to enable the viewing of content in Your interest;
      6. to copy, reproduce, store, distribute, publish, export, adapt, edit and translate Personal Information to the extent reasonably required for the provision of Services by Orbi Health;
      7. to provide better products and Services and to programmatically use Your data to give You contextual Services.
      8. to fulfil Your requests for certain Services;
      9. to contact You about Our Services;
      10. to respond to Your comments, reviews and questions and provide better customer service;
      11. to track Your activity on Our digital platforms and personalise and improve Your experience;
      12. to track Your activity on Our digital platforms and personalise and improve Your experience;
      13. to understand Your preferences and to enhance, personalise, and customise Your experience using Our Portal;
      14. to contact You about Our Services;
      15. to use Your information to operate, improve and maintain our site, to prevent fraud and abuse;
      16. to fulfil any other purpose for which You provide Us Personal Information; and
      17. for any other purpose for which You give Us authorisation.
   2. Please note that We may use Non-Personal Information created by Us without restriction. We may retain Non-Personal Information and will continue to use Non-Personal Information as permitted under this Privacy Policy and applicable law.
7. DISCLOSURE OF PERSONAL INFORMATION
   1. We may disclose Personal Information that We collect from You or that You provide:
      1. to contractors, service providers and other third parties for analytics and communications and who are bound by contractual obligations to keep Personal Information confidential;
      2. as required by law, which can include providing information as required by a court order;
      3. when we believe in good faith that disclosure is necessary to protect Your safety or the safety of others, to protect Our rights, to investigate fraud, or to respond to a government request;
      4. to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Portal is among the assets transferred;
      5. for any other purpose disclosed by Us when You provide the Personal Information;
      6. to deal with requests, enquiries, complaints or disputes and other customer care related activities including those arising out of the Users’ request of the Services and all other general administrative and business purposes;
      7. to government institutions/ authorities to the extent required (i) under the laws, rules, and regulations and/ or under orders of any relevant judicial or quasi-judicial authority; (ii) to protect and defend the rights or property of Orbi Health; (iii) to fight fraud and credit risk; (iv) to enforce Orbi Health's Terms of Use (to which this Privacy Policy is also a part); or (v) when Orbi Health, in its sole discretion, deems it necessary in order to protect its rights or the rights of others; and
      8. if otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
   2. Orbi Health may use Your personal data or contact information such as, Your name, address, postcode, gender, occupation, age, date of birth, email address, telephone number, company name, job title, and department only when Company require it for the purposes of: i. processing Your application to use our Services and to provide You with the requested Services through mobile app; ii. dealing with any complaint, queries or problems reported by You regarding the Services offered by the Company; iii. notifying You of changes in its Services and help improve the Services Company provide to you;
   3. Location data usage
      1. We use location data only to show you relevant results for showing relevant results for booking vaccination slots. We don't save the location collected nor use it for any other activity on the app.
8. GOOGLE ACCOUNT EMAILS (GMAIL)
   1. A User (HealthCare Provider/Doctor/CareSeeker) may choose to provide explicit consent to connect/integrate the User’s Gmail account(s) with his/her account on the Platform. The following are the information collected from your consented email accounts:
      1. Consultation Appointments taken with a Doctor/HealthCare Provider where the consented email account is owned by the Doctor/HealthCare Provider. Eka Care Application organizes this information in your account to help you manage all your appointments at one place.
      2. Medical Records, Lab Test Reports, Care Context Documents. Eka Care Application organizes this information in your account to provide Smart Health Reports.
   2. Connecting your Gmail account enables us to automatically provide updated Smart health insights to CareSeeker. Eka Care Mobile Application cannot make any medical diagnoses. Please consult a doctor if you are concerned about your health or you have any medical queries. You should never override or reject a doctor's professional advice in favor of any information that you see on eka care.
   3. You can choose to de-link your Gmail account with the application at any time and/ or you can delete your information by writing to support@eka.care
   4. Once connected, the Platform will securely access and analyze the contents of emails consisting of ‘read-only’ including but not limited to the attachments from HealthCare Providers / Doctors for the purpose of managing and tracking Appointment information and/or Medical Records, such as Lab Reports, Prescription, Radiology Reports, Discharge Summary and consolidating this information in User's Eka Care account.
   5. Please note that any data obtained by this integration will be used by the Company solely for providing the Services, updating the User’s Smart Health Reports, & consolidating appointments for a HealthCare Provider/Doctor at one place. We shall not use or transfer any data or information received from the integration of the email addresses with the account on the Platform to third parties for any purpose other than as explicitly authorized by the User.
9. SECURITY
   1. Your security is important to Us. Orbi Health adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect all User information including Personal Information in its possession from loss, misuse and unauthorised access, disclosure, alteration and destruction.
   2. All data, content and/or all User information is encrypted during transmission and will be stored encrypted at-rest. Orbi Health shall take reasonable steps to protect Your Personal Information in an effort to prevent loss, misuse, unauthorised access, disclosure, alteration, and destruction.
   3. Orbi Health assumes no liability or responsibility for disclosure of Your Personal Information due to errors in transmission, unauthorised third-party access, or other causes beyond its control. Orbi Health has undertaken reasonable measures to protect Your rights of privacy with respect to Your usage of the Portal controlled by Us and Services provided herein. However, We shall not be liable for any unauthorised or unlawful disclosures of Your Personal Information made by any third parties who are not subject to Our control.
10. CONFIDENTIALITY
    1. You further acknowledge that the Portal may contain information which is designated confidential by Us and that You shall not disclose such information without Our prior written consent. Your information is regarded as confidential and therefore, will not be divulged to any third party, unless if legally required to do so to the appropriate authorities or shared as per this Privacy Policy or Terms of Use.
    2. We will not sell Your Personal Information to any third party or use Your e-mail address for unsolicited mail. Any emails sent by Us will only be in connection with the provision of agreed Services, and You retain sole discretion to seek for discontinuation of such communications at any point of time.
11. USER’S RIGHTS
    1. All the information provided to Orbi Health by a User, including Personal Information, is voluntary. User has the right to withdraw consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive i.e. We cannot delete the Personal Information for which We are custodians on behalf of Third Party Service Providers. Further, if a Third Party Service Provider ceases to be engaged with Orbi Health, We may be contractually obligated to give such Third Party Service Provider a data export, however, given the nature of data, User may continue to co-owners of such data and Orbi Health will continue to keep the Personal Information including User data for continues provision of Services to User.
    2. Users can access, modify, correct and delete the Personal Information. However, if the User updates his/ her/ its information, Orbi Health may keep a copy of the information which User originally provided to Orbi Health in its archives for User documented herein. In case the User seeks to update or correct, his/ her/ its Personal Information, the User may exercise these rights by emailing Orbi Health at privacy@orbi.health and communicate the change(s) for updating Orbi Health’s records.
    3. If a User, as a casual visitor, has inadvertently browsed any other pages of this Portal prior to reading the Privacy Policy and the Terms of Use, and such User does not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by Orbi Health. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers to ensure such clearing/ deletion, as Orbi Health cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Portal.
    4. If a User has inadvertently submitted any Personal Information to Orbi Health prior to reading the Privacy Policy and Terms of Use, and such User does not agree with the manner in which such information is collected, stored or used, then such User can ask Orbi Health, by sending an email to privacy@orbi.health containing the rectification required, whether Orbi Health is keeping Personal Information about such User, and every User is also entitled to require Orbi Health to delete and destroy all such information relating to such user (but not other Users) in its possession.
    5. In case User does not provide its information or consent for usage of Personal Information or subsequently withdraws consent for usage of the Personal Information so collected, Orbi Health reserves the right to discontinue Services for which the said information was sought.
12. OPT OUT
    1. Orbi Health may send You certain notifications regarding promotional offers, marketing offers or regarding the Services being availed by You etc. In case You do not wish to receive them, You may have an option to opt out of the same.
    2. If You opt out, Orbi Health or its affiliates consents to not send any non-essential (promotional, marketing-related) communications to You, however, We may still send You non-promotional emails, such as emails about Your account.
13. AMENDMENT Orbi Health reserves the right to amend the Privacy Policy, as and when required. It is Your responsibility to keep yourself updated of the changes made from time to time. Your continued use of the Portal shall be deemed to be Your acceptance of such changes.
14. GRIEVANCE REDRESSAL
    1. In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Orbi Health for the purpose of this Policy shall be:
       1. Grievance Officer Name Deepak Tuli
       2. Email Address: support@eka.care
    2. In case You have any questions, comments or concerns about this Privacy Policy or wish to exercise any of the above mentioned rights, You can contact us at support@eka.care

Ekacare’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

The use of information received from Health Connect will adhere to the Health Connect Permissions policy, including the Limited Use requirements.