Privacy Notice
We,
Hefficient
Inc. (“Hefficient”, “Company”, “we”, “us”, “our”) are the owners of the software Hefficient (hereinafter referred to as
the “Software”). The
Software is an electronic medical record
(EMR) system that facilitates medical professionals to record, manage and
process medical information /records about patients, book and track
appointments, and share patient information with other medical practitioners
and health service providers on the Customer’s request. It also includes a patient
portal, which allows patients to log-in, access and track their medical information,
download/upload reports in the system and communicate with the medical
practitioners via in-application messaging.
We respect
data privacy rights and are committed to protecting personal information
collected on this Software. This privacy notice (“Privacy Notice”) sets
forth how we collect, access, use
and protect the Personal Data collected through the Software.
PLEASE READ
THIS PRIVACY NOTICE CAREFULLY. BY CLICKING ON THE CONSENT CHECK BOX, AND BY PROVIDING US PERSONAL DATA,
YOU CONSENT TO OUR USE OF YOUR PERSONAL DATA IN ACCORDANCE WITH THE TERMS OF
THIS PRIVACY NOTICE. IF YOU DO NOT AGREE TO THIS PRIVACY NOTICE, YOU MAY
WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL DATA
ON THE SOFTWARE. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY
EMAIL privacy@hefficient.com.
IF YOU ARE
ACCESSING THE SOFTWARE ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE
THE AUTHORITY TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS
PRIVACY NOTICE AND, IN SUCH AN EVENT YOUR USE OF THE SOFTWARE SHALL REFER TO
USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL
DATA OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE,
THEN YOU SHOULD REFRAIN FROM USING THE SOFTWARE.
This Privacy
Notice is an electronic record in the form of an electronic contract being
compliant and construed in accordance with data protection laws of the
applicable jurisdictions.
1.
Definitions
i.
“Patient/s”
shall mean and include individual
patients of the Customer who access, and/ or use the Software.
ii.
“Customer”
shall mean and include medical facilities, hospitals, clinics, individual physicians
who have purchased the license to the Software and related services.
iii.
“Authorised
Personnel”, “User/s”, “you”, “your”
shall mean and
include personnel authorised by the Customer to use the Software.
iv.
“Personal
Data” means all information that can be used to personally identify a
person, including but not limited to, as first and last name, address, email
address and contact number, and any other such information.
2.
Access
to Personal Data
We may be provided access
to Personal Data in the following ways:
i.
Personal
Data of Authorised Personnel for registration:
We may receive Personal
Data of the Authorised Personnel including but not limited to name, email
address, contact number, username/ login ID.
ii.
Personal
Data collected from the Patients:
The
Customer decides and has control over the purpose and means of collection and
processing of Personal Data of the Patients. We may under exceptional cases at
the discretion of the Customer receive access to Personal Data of the Patients
from the Customer.
3.
Processing
of Personal Data by us on behalf of the Customer:
i.
This
section concerns the Personal Data of the Patient collected by the Customer,
where such collection is only facilitated by us. The Customer sets the purpose
and means of processing of such Personal Data. We process such Personal Data only
on behalf of and on the instructions of the Customer and for the purposes of
rendering our services to the Customer.
ii.
If
you are the Patient and your Personal Data was shared with us by the Customer,
the privacy notice of the Customer, on whose behalf we collect and process the
Personal Data, will be applicable. Therefore, any enquiry, request, objection
or complaint that the Patient may have in connection with the collection and/or
processing of Personal Data that forms part of the Patient’s use of the Software
usage should be addressed to and resolved by the Customer solely.
iii.
Customer
representation:
The
Customer represents that it has acquired all necessary consents and/or relies
on other appropriate legal basis for the processing of Personal Data of the
Patient and complies with the requirements of applicable data privacy laws that
govern processing of such Personal Data.
4.
Cookies
We use session cookies on
the software to hold active session tokens. We do not use any third-party
tracking tools for tracking or any other such purpose.
5.
Accuracy
of information
The Customer and/or
Authorised Personnel undertakes that he shall be solely responsible for the
accuracy, correctness, or truthfulness of the Personal Data shared with us
whether of its own or any third party. In the event the Customer and/or
Authorised Personnel is sharing any Personal Data on behalf of a third person,
the Customer and/or Authorised Personnel represents and warrants that he has
the necessary authority to share such Personal Data with the Company, obtained
a written consent from such third party and the Company shall not be
responsible for verifying the same. The Customer and/or Authorised Personnel
understands and acknowledges that such Personal Data shall be subject to the
terms and conditions of this Privacy Notice.
6.
Use
of Personal Data
We use your Personal Data of
the Customers and/or Authorised Personnel for the following purposes:
i. to notify about our
services and to respond to the requests received;
ii. for the creation or
development of business intelligence or data analytics in relation to the
services provided by us;
iii. to process transactions;
iv. to provide a better
experience during access of our Software and to improve the services;
v. to maintain and manage our Software;
vi. for internal record keeping;
vii. to comply with our legal or
statutory obligations;
viii.
in
case of Patients anonymised Personal Data received
from the Customers in our registry, may be shared with health data registry for
medical research and development purposes.
7.
Disclosures
We do not sell, rent,
share, distribute, lease or otherwise provide Personal Data of Customers and/or
Authorised Personnel to third parties, without your prior consent. Keeping this
in mind, we may disclose Personal Data in the following cases:
i. Affiliates: We may provide Personal Data to our affiliates to enable
them to improve the offerings, provide feedback and respond to their queries.
ii. Service Providers: We may share Personal Data with the
service providers who work with us in connection with operating the Software
and/ or providing the offerings. All such service providers are subject to
stringent confidentiality restrictions consistent with this Privacy Notice.
iii. Merger or Acquisition: We may transfer Personal Data if we
are acquired by another entity, or if we merge with another company or transfer
a part of our business, including the Software, to a third party. Any such
third party or resultant entity that receives Personal Data shall have the
right to continue to use Personal Data in line with the purposes set out
herein. In the event of such a sale or transfer, we may notify you.
iv. Legal and Regulatory Authorities: We may disclose Personal
Data in order to comply with our legal obligations/ court orders/ requests by
Govt. authorities.
8.
Data
Retention
We will retain Customer
and/or Authorised Personnel’s Personal Data as long as it is required to be
retained for the purpose of provision of the services. We may also retain and
use User’s Personal Data as necessary to comply with our legal obligations,
resolve disputes, and enforce our agreements.
9.
Security
and Storage
Your Personal Data is
stored on third party cloud infrastructure hosted in the United States of
America. We have implemented safeguards such as encryption methods to protect
the Personal Data. Although we provide appropriate firewalls and protections,
we cannot warrant the security of Personal Data transmitted as these systems
are not hack proof. Data pilferage due to unauthorized hacking, virus attacks,
technical issues is possible, and we will take necessary measures to mitigate
such events.
10.Your Rights
11.
The
Authorised Personnel have the right to access Personal Data in our possession,
right to have us rectify or modify any such Personal Data, right to have us
erase/delete Personal Data, right to restrict us from processing such Personal
Data, withdraw consent at any time where we are relying on consent to process Personal
Data. All requests for exercising such Personal Data rights must be raised with
the admin of the Customer. In the event the Customer is not able to address
these rights we will provide the required assistance to the Customer for
fulfilling such requests. Customer’s that are individual physicians may reach out
to us at (insert email address) to exercise any of these rights. Choice and Opt-Out
We may send communications to the Customer
including but not limited to (a) notices about use of our Software and services, including those concerning
violations of use, (b) updates. The Customers
may opt out of receiving emails from us by following the unsubscribe
instructions provided in those emails.
12.Governing laws
This Privacy Notice shall
in all respects be governed by and construed and enforced in accordance with
the laws of Delaware, USA and the courts in Delaware shall have exclusive
jurisdiction to adjudicate any subject matter under this Privacy Notice.
13.Links to other Websites
The Software may contain
links to other websites/ platforms/ applications. Please note that we do not
have any control over such other websites/ platforms/ applications, and you
will be accessing these websites/ platforms/applications at your own risk.
Therefore, we cannot be responsible for the protection and privacy of any
information which you provide whilst visiting such
websites/platforms/applications and those are not governed by this Privacy
Notice. Please exercise caution and look at the privacy policy/ notice applicable
to such websites/ platforms/ applications.
14.Children’s Privacy
We do not collect Personal
Data from children under the age of 16 years. If the legal representative of
the child discovers that the child has provided us with Personal Data, we
request the legal representative of the child to contact us privacy@hefficient.com
to have the Personal Data deleted.
15.Changes To This Privacy
Notice.
Please revisit this page
periodically to stay aware of any changes to this Privacy Notice, which we may
update from time to time. If we modify this Privacy Notice, we will make it
available through the Platform and indicate the date of the latest revision. If
such modifications materially alter your rights or obligations hereunder, we
will make reasonable efforts to notify you of the change via email or through
our Platform. This Privacy Notice was last updated on February 28,
2024.
For any questions or concerns or
grievances regarding this Privacy Notice or wish to withdraw consent in
relation to the processing of Personal Data, reach out to our appointed
grievance redressal officer (may also be known as compliance officer) Sanjeev
Sehgal via email at privacy@hefficient.com.