Section 43 A 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"); and Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
1. COLLECTION AND STORAGE OF INFORMATION1.1. The Information (which shall also include data) provided by You to MODERATE or collected from You by MODERATE may consist of “Personal Information” and “Non-Personal Information”.
1.3. Such Personal Information may be collected in various ways including during the course of You registering as a user on the Website, registering as a merchant on the Website, availing certain Services offered on the Website. Such instances include but are not limited to participating in any online survey or contest or otherwise or posting user reviews or otherwise doing business on the Website.
1.5. MODERATE may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information may include Your geographic location, details of Your telecom service provider or internet service provider, the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.), the operating system of Your system, device and the Website You last visited before visiting the Website or the duration of Your stay on the Website is also stored in the session along with the date and time of Your access.
1.8. You hereby represent to MODERATE that:- a) the Information You provide from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to MODERATE. b) Your providing the Information to MODERATE and MODERATE’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
1.10. Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
2. PURPOSE FOR COLLECTING, USING, STORING AND PROCESSING OF INFORMATION
MODERATE collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) and shall include the following:2.1. To facilitate Your use of the Website;
2.2. To respond to Your inquiries or fulfil Your requests for information about the various Services offered on the Website;
2.3. To provide You with information about Services available on the Website and to send You information, materials, and offers;
2.4. To send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
2.5. To send You surveys and marketing communications;
2.6. To personalize Your experience on the Website by presenting advertisements, Services and offers tailored to Your preferences;
2.7. To help You address Your problems incurred on the Website including addressing any technical problems;
2.8. If You avail of any service from the Website, to complete and fulfil the same.
2.9. To protect the integrity and for proper administering of the Website;
2.10. To conduct internal reviews and data analysis for the Website;
2.11. To improve the Services and content on the Website;
2.12. To conducting academic research, surveys, analytical studies on various aspects including user behaviour, user preferences etc.;
2.13. To respond to legal, judicial, quasi-judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
2.14.To implement information security practices;
2.15. To determine any security breaches, computer contaminant or computer virus;
2.16. To investigate, prevent, or take action regarding illegal activities and suspected fraud,
2.17. To undertake forensics of the concerned computer resource as a part of investigation or internal audit;
2.18.To process any job application You may submit;
2.19. To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by MODERATE; and
2.20. To enable a potential buyer or investor to evaluate the business of MODERATE. [Individually and collectively referred to as (“Purposes”)] You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of MODERATE or any person on its behalf, and the collection of Information is necessary for the Purposes.
3. SHARING AND DISCLOSURE OF YOUR INFORMATION3.1 You hereby unconditionally agree and permit that MODERATE may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law.
3.4 We may also share Personal Information if We believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
3.5 We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
3.6 You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to Us or to any third party.
4.3 We shall not be responsible for any loss, damage, claim or expense caused as a result of You accessing these third party sites and features.
5. SECURITY5.1 We strive to ensure the security, integrity and privacy of Your Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. We adopt adequate measures to prevent unauthorized access to Your Personal Information.
5.2 We reserve the right to conduct a security review at any time to verify Your identity. You agree to provide Us all the information that We request for the security review. If You fail to comply with any security request, We reserve the right terminate Your account with Us and prohibit Your access to the Website.
5.3 We are not liable and cannot be held liable for any breach of security or for any actions of any third parties that receive Your Personal Information
5.4 The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of MODERATE or their merchants or respective third parties. You are not permitted to use the Marks without the prior consent of MODERATE, the merchants or the third party that may own the Marks
5.5 Notwithstanding anything contained in this Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below). A “Force Majeure Event” shall mean any event that is beyond Our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.
6. MEDICAL INFORMATION6.1 We may share your Personal Information to those service providers and Practitioners with which You or MODERATE on your behalf have made arrangements through our Website. We provide them with the Personal Information needed to make and complete Your appointment / answer the query You post.
6.2 We may share your Personal Information to our Service providers and Experts with which You or MODERATE on your behalf have made arrangements of procuring the Services through our Website. We provide them with the Personal Information needed to make and complete Your appointment / answer the query You post.
6.3 The medical information made available by You is displayed exclusive to Practitioners and MODERATE and vice versa and is not made public in the Website.
6.4 The confidential nature of the prescription You provide or is provided to You by MODERATE’s Experts on the Website for accessing the Services is always maintained and We treat Your prescription as a protected information.
You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit MODERATE to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address as may be notified to You.