DaVita Care (India) Private Limited Data Privacy Policy

DaVita Care (India) Private Limited owns clinics and operates various dialysis units located within hospitals owned or managed by third parties (collectively, the "Clinics") which provide treatment to patients, including those suffering from chronic kidney failure and end stage renal disease and provides staff-assisted home haemodialysis services, conducts awareness campaigns, kidney smart classes, and owns and operates websites and mobile applications to provide the aforesaid services (collectively, "Services"). When you avail any of our Services, you are required to provide information to us to enable us to provide Our Services effectively.

For the purposes of this Privacy Policy, unless otherwise defined, all capitalised terms shall have the meaning ascribed to them, in the Terms of Use available at http://www.davita.in/termsofuse.php. It is clarified that 'We', 'Us', 'Our' and 'the Company' refers to DaVita Care (India) Private Limited and 'You', 'Users', and 'Your' refers to any person availing Our Services or their guardian/caretaker/authorised representative.

As You use Our Services, We want You to be informed on how We are using information and the ways in which You can protect Your privacy.

This data privacy policy ("Policy") is published in compliance with applicable law including:

  • 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 ("SPDI Rules")
  • Regulation 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011
  • Guidelines for Dialysis Centres issued by Directorate General for Health Services, Government of India.
  • Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002.

The Policy explains:

  • What information We Collect
  • How We collect, process and use Your information
  • How should You provide information selectively, and how to access and update information.
  • How We share, process and protect Your information.

1. GENERAL

DaVita Care (India) Private Limited, is a company registered under Companies Act, 1956 whose registered office is at #1/1, Berlie Street, Langford Town, Shanthinagar, Bangalore 560 025, Karnataka, India. This Policy applies to all Users availing any of Our Services.

BY AVAILING ANY OF OUR SERVICES OR OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS POLICY AND AGREE TO BE BOUND BY THE POLICY. YOU CONSENT TO OUR COLLECTION, USE, SHARING AND DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS POLICY, AT OUR DISCRETION. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT USE ANY OF THE PLATFORMS OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD, RELATIVE, FRIEND, OR PARTNER) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS 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 THE INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS POLICY. THIS POLICY IS INCORPORATED INTO, AND SUBJECT TO, THE TERMS OF USE.

2. INFORMATION COLLECTED AND METHOD OF COLLECTION

We collect the following types of information about You when You avail any of Our Services: Account Information, Demographic Information, Behavioural Information, Indirect Information (collectively, "Information") and User Information.

In order to use Our Services, You are required to provide Us with Your details including Your name, address, gender, third party sign-in information (such as Facebook, Twitter or Pinterest), contact number and email address, information regarding the Services You browse and email communication by/with Us such as product or service enquiry, order and transaction related information, disputes or complaints ("Account Information").

We may collect from You information that is not unique to You in the sense that it refers to selected population characteristics, such as Your ZIP code or postal code and occupation ("Demographic Information").

We also collect information regarding how You use our website www.davita.in, mobile application ‘DaVita Mobile Application’ or any other online resource owned and operated by Us ("Platforms"). This includes the areas of the Platforms that You visit, the Services You access, and information about Your computer hardware and software including Your IP address, browser and operating system type, domain names, access times, locations, Your previous orders and transactions including the service and pricing details, transaction information, payment and browsing history ("Behavioural Information").

Your use of certain third party services on the Platforms require Us to collect such information as is considered necessary for that purpose ("Indirect Information").

We also collect Your details including but not limited to Your age, height, weight, certain medical information such as allergies, blood pressure, surgical history, prescription drugs consumed, lifestyle information such as tobacco use, alcohol consumption, dietary habits, consumption of recreational drugs, birth, growth, developmental and vaccination history of children, family history of diseases or any other relevant information, Your medical reports, medical test results, prior diagnoses and prescriptions related to Your treatment and care and any other information that You voluntarily choose to provide to Us and additionally collect or generate information such as Your occupation, date of first visit to the Clinic, clinical notes, provisional diagnosis, investigations advised, diagnosis advised after investigations, follow-up treatments and visits and other relevant observations ("User Information"), to provide You the Services.

"Personal Information" is defined under the SPDI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

Should any of the information defined above be classified as Personal Information, You agree that We may collect, process, use, transfer or disclose the Personal Information for the purposes as set out in this Privacy Policy.

Some of the User Information may be classified as Sensitive Personal Data or Information under the SPDI Rules and is treated as such under this Policy.

We collect Your Information either directly from You through forms provided on the Platforms, at the Clinics, at awareness campaigns or smart classes, consultation and interactions with healthcare professionals, text messaging, DaVita branded pages, applications on third party social networks or indirectly by using different technologies or through other offline interactions with Us including via direct marketing and promotional campaigns, hard copy registration cards, patient feedback, queries, complaints, competition entries and contests.

We collect Your User Information directly from You. All User Information provided by You to Us is voluntary. Collection, use and disclosure of information which has been designated as Sensitive Personal Data or Information under the SPDI Rules require Your express consent. By assenting to this Privacy Policy, You provide Your consent to the use, collection and disclosure as required under applicable law.

3. USE AND DISCLOSURE OF INFORMATION

We use Your Information for the following purposes:

  • To contact Your family and friends in case of emergencies and notify the person responsible for Your care, of Your location, general condition or health
  • To operate and improve Our Services in order to foster a positive User experience and to improve Our business as a whole
  • To increase consumer engagement including use or publication of User generated content
  • To analyse the use of Our resources, troubleshooting problems and improving Our Services, by using the information regarding Your mobile device and software
  • For non-targeting reasons such as frequency capping, compliance, billing, payments, ad reporting or delivery, market research or product development purposes
  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms of Use, or as otherwise required by law
  • Publishing such information on the Platforms
  • Contacting Users for offering new products or services
  • To conduct audits and quality assessment procedures
  • We may use Your Information and User Information for any of the following:

  • To provide Our Services. This includes providing communications, fixing appointments with healthcare professionals, providing prescribed medical treatment and care and other related services
  • To disclose it to physicians, hospitals, pharmacies, dialysis facilities, transportation providers, or other healthcare professionals to enable them to provide prescribed treatment and care to You
  • To respond to any queries that You may have and to communicate information to You. This includes sending You e-mails or other communications regarding updates to the Platforms, contacting You about Your opinion on current Services and/or potential Services that may be offered
  • To track Your health related parameters
  • For research, teaching and educational purposes
  • For compliance with standard operating procedures and best practices
  • To disclose Your Information and User Information to third party administrators of insurance companies, government sponsors or other third parties that pay for Your care
  • To disclose Your Information or User Information to companies and individuals who are authorised by Us to computerise data provided by You through offline media so that it can be stored and processed in accordance with applicable law
  • We may disclose and transfer Your Information or User Information to a third party who acquires Our business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of Our assets and who will have the right to continue to use the Information and User Information provided to Us by You
  • We disclose Your Information and User Information if legally required to, pursuant to an order of any competent governmental entity or in good faith. We will disclose the Information to:
  • i. Conform to legal requirements or comply with legal process
  • ii. Protect our rights or property or our affiliated companies
  • iii. Prevent a crime or protect national security
  • iv. Protect the personal safety of Users or the public; or
  • v. Government agencies, regulators, courts and tribunals pursuant to statutory requirements including those arising from the Epidemic Diseases Act, 1897, Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 and Right to Information Act, 2005 or for any other disclosure required by or under applicable law;
    (collectively, the "Purposes").

If You wish to opt out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please email us at dvaprivacy@davita.in

Due to the nature of Services provided by Us, it is imperative that We collect all necessary Information and User Information. If We are unable to collect the necessary Information or You fail to provide Us the necessary User Information, We may not be able to provide Our Services as required.

Third parties may include:

  • a. Our associated or affiliated organisations or related entities including DaVita HealthCare Partners Inc. and their affiliated and joint venture entities worldwide, co-promotion partners and vendors of DaVita
  • b. Any of our agents, contractors or third party service providers that process or will be processing Your Information or User Information on our behalf including but not limited to those which provide administrative or other services to us such as mailing houses, telecommunication companies, information technology companies and data centres; and
  • c. Auditors, lawyers, company secretaries, consultants, or other advisors that We engage to assist Us with Our business operations.

In the event, disclosure of Your Information or User Information is requested by You, Your authorised attendant or any competent legal authorities, We shall provide the same within 72 (seventy two) hours of receiving such request.

Subject to applicable law, We may, at Our discretion, transfer Personal Information to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us, whether located in India or any other country. By availing any of Our Services, You accept the terms and You consent to the storage and processing of information as decided by the Company.

4. EXTERNAL LINKS ON THE PLATFORMS

The Platforms may include advertisements, hyperlinks to other websites, applications, content or resources provided by persons or companies other than Us. You acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information by external applications, sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from such applications, websites or resources.

5. CHANGES TO YOUR INFORMATION

You may review, correct, update, change or delete Your Information or User Information. Access to or correction, updating or deletion of Your Information or User Information may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law. Additionally, We will not delete Your User Information and will retain them in the formats and for the duration, prescribed under applicable law or Our policy.

6. SECURITY OF YOUR INFORMATION

We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect Your Personal Information and User Information against loss, misuse, copying, damage, modification, unauthorized access or disclosure.

We do 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 Us by sending an email to dvaprivacy@davita.in. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account and password. We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control including but not limited to acts of government, 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.

Retention of Personal Information

We will put in place measures that Your Information in Our possession or under Our control are destroyed and/or anonymized as soon as it is reasonable to assume that (i) the Purpose for which that Information were collected is no longer being served by the retention of such Personal Information or User Information; and (ii) retention is no longer necessary under any applicable law.

All User Information provided by You to Us to avail Our Services shall be retained by Us for a minimum period of 3 (three) years from the date of commencement of Your treatment, as required under applicable law.

7. COOKIES AND OTHER TRACKING TECHNOLOGIES

We utilize “cookies” and other tracking technologies. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Platforms. Some cookies and other technologies may serve to recall Information previously indicated by a User. We may use cookies to improve the use and functionality of Our Platforms and to gain a better understanding of how visitors use Our Platforms and the tools and services offered on them. Cookies help us tailor the Platforms to Your personal needs, to improve their user-friendliness, gain customer satisfaction feedback and to communicate to You elsewhere on the internet.

Most browsers/mobile settings allow You to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify You if You receive a cookie, or You may choose to block cookies with Your browser/mobile applications.

8. DISCLAIMER AND LIMITATION OF LIABILITY

You are responsible for ensuring that the Information and User Information provided by You to Us is accurate, true and up to date, at all times. We shall not be liable for any loss, damage or prejudice suffered by You due to Your failure to provide accurate, true or up to date Information or User Information or due to Your provision of false, inaccurate or misleading Information or User Information. Neither We nor Our directors, officers, agents, healthcare professionals and employees shall be liable or obligated for any indirect, incidental, special or consequential damages with respect to Our Services under any tort, contract, negligence, strict liability or other legal or equitable theory, even if You have been advised of the possibility of such damages.

We cannot ensure that all of Your Information or User Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting Your privacy, We do not promise, and You should not expect, that Your Information or private communications will always remain private.

9. INDEMNITY

You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of any information by You to third parties either through Our Platforms, Clinics or otherwise and Your use and access of websites, applications and resources of third parties.

10. GRIEVANCE OFFICER AND CONTACT INFORMATION

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Shweta Vajpayee
dvaprivacy@davita.in

Any feedback or comments about this Privacy Policy is welcome and can be sent to dvaprivacy@davita.inWe will employ all commercially reasonable efforts to address the same.

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