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30th September 2020
Please read this agreement carefully as it governs your use of the on-line cloud based application known as iNutrimon through website - www.inutrimon.com, mobile application, electronic nutrition record and the patient portal ("DocMode iNutrimon" or "Application").
By accessing the Application, opening an account and/or using the services on it you ("you"), are agreeing to form a legal contract and agreeing to the terms and conditions that appear below. If you do not accept these terms please do not create an account or use the services of DocMode iNutrimon.
1. Provision of the Service and How to Contact us
DocMode Health Technologies Pvt. Ltd. ("DocMode") provides an on-line cloud based application called iNUTRIMON ("DocMode iNutrimon" or "Application") for healthcare professionals ("HCP's") which empowers them to better manage their patients' ("Patient") nutrition therapy, health and medical conditions by providing their Patients with scientific, dietary and personalised lifestyle interventions based on their individual and current health status, data analysis, stock management, food supplies management. ("Services").
Contact details for DocMode are as follows:
Registered Address:
Docmode Health Technologies Pvt. Ltd.,
Office No: 201, Kalpataru Plaza,
Chincholi Bunder Rd, Nadiyawala Colony 2
Malad West, Mumbai-400064,
Maharashtra, India
DocMode Registration Number: U72900MH2009PTC191240
Email Address: inutrimon@docmode.com
You acknowledge that you have provided DocMode iNutrimon with accurate and complete registration information on your account registration sign-up which shall include any medical bona fides as may be reasonably requested by DocMode iNutrimon. Also, DocMode iNutrimon holds right to verify the information/ data provided by you at the time of registration and if found to be incorrect or fails verification then your account/ subscription shall be cancelled immediately.
As a provider or a professional, If you purchase subscriptions where a group of HCP users may access the Services, then you are accepting responsibility on behalf of all those users. Full details of how many users may access the Services, the term of the subscription with you and the costs of the same, will be provided to you on your service order form (the terms of which are hereby specifically incorporated into this Agreement) ("Service Order"). If required, you may also add licenses for additional HCP users by executing a new Service Order at any time.
You further acknowledge that it is your responsibility to update DocMode iNutrimon with any changes to your subscription information by raising a support ticket by e-mailing DocMode iNutrimon at the email address provided above or on link provided in the Application or by making necessary changes in your account by logging in the same. Please note that in the interests of Patient safety, DocMode iNutrimon reserves the right to require you to provide evidence to verify any aspect of your account and in particular, to include your status as a HCP at any time as also noted above.
If you believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your user name and password ("ID") then you must notify DocMode iNutrimon immediately. If DocMode iNutrimon reasonably believes that your ID is being used in any way which is not permitted under this Agreement, DocMode iNutrimon reserves the right to immediately suspend access rights on giving notice to you in order to block access to the Service until the issue has been resolved to the satisfaction of DocMode iNutrimon.
DocMode iNutrimon is continually seeking to improve the Service and to ensure that all information on the Application (to include its library of instructional videos etc) ("Content") is up to date and as accurate as reasonably possible. Accordingly, DocMode iNutrimon reserves the right, and at its sole discretion, to make changes to any part of the Service (including editorial or other changes) or the Content at any time and without prior notice to you.
DocMode iNutrimon recommends that you regularly check the Application from time to time for any updates or changes to this Agreement and/or the Service which shall become effective on posting and your continued use of the Application will mean acceptance of those updates and/or changes.
Our official language as the use of this or any communication as and when necessary, will be in English. By your acceptance of this Terms and Conditions, we register your acceptance for receiving all the communications in English.
This Agreement shall apply in preference to and shall supersede any other terms and conditions of business and/or Service Order referred to or relied on by you.
2. Licence and Limited Rights to use Content
DocMode iNutrimon grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use DocMode iNutrimon and the Content and the Services subject to the terms and conditions of this Agreement.
The Content and all software, copyright, database rights, website design, trade and service marks and logos or names, design rights, know-how and rights relating to loss of reputation and business and all other intellectual property rights ("Intellectual Property"") in each case whether registered or not, in the Content and the Application belong to DocMode iNutrimon (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of DocMode iNutrimon.
DocMode iNutrimon does not claim ownership of any material that you, Patient, Guardian/ Relatives of Patients or third parties submit to the DocMode iNutrimon (and which is defined as "Your Content" under clause 4 below) and is not responsible for its content, accuracy or compliance with relevant laws or regulations. You agree that by submitting such material you grant DocMode iNutrimon permission via a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to display, publish and otherwise use Your Content as DocMode iNutrimon reasonably sees fit, and also agree that DocMode iNutrimon is under no obligation to display or otherwise use Your Content and that DocMode iNutrimon has the right to remove Your Content immediately and without prior notice to you.
For the avoidance of any doubt whatsoever, DocMode iNutrimon shall have the right, but not the obligation, to monitor, filter or screen Your Content. Notwithstanding the foregoing, DocMode iNutrimon reserves the right to edit, refuse to post, or remove Your Content at any time.
3. Privacy Policy and Data Protection
Please read our Privacy Policy (add hyperlink).
4. Warranties and Indemnity
DocMode iNutrimon warrants that it will use all reasonable skill and care in the provision of the Service.
DocMode iNutrimon makes no warranty that the Application is free from viruses or anything else that has contaminating and/or destructive properties and it is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
The Service is provided on an "as is" basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
The Content is designed to provide general, but focused guidance on matters of healthcare interest to HCPs such as for example the 5 As, which HCPs will be familiar with (Ask, Advise, Agree, Assist, Arrange) in the provision of the Services, but such Content does not constitute professional medical or other professional advice in itself.
Equally, for Patients, the Services (to include the Content) are a means of sourcing data on their current health position in conjunction with a smartphone and wearables and sensors and by using third party applications such as Apple Health and FitBit and at no stage is any information received via the Services intended to match or exceed that of medical or scientific measurement devices as you might find in a modern hospital. Therefore, use of the Services should be seen as an accompaniment to the advice and guidance normally provided by a professional HCP to their Patient.
The Services (as well as any wearables and/or data from your smartphone and/or any third-party applications such as for example Apple Health or FitBit etc) is not meant to treat or cure any disease in and of itself and therefore, as a HCP, you should always use your own judgement and professional knowledge in evaluating the Content provided by the use of the Services. It is recommended that you consult with other HCP colleagues and other professional sources prior to (inter alia) making any judgements or any diagnosis or before providing any (for example) drug dosage advice or any advice or treatments whatsoever to Patients in accordance with the provisions of the Telemedicine Practice Guidelines issued by Ministry of Health and Family Welfare ("TPG") 2020; the Indian Medical Council (Professional Conduct, Etiquette and Ethics Regulation 2002), the Information Technology Act, 2000; the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Electronic Health Records Standards 2016 and other applicable laws/ regulations/ guidelines from time to time.
You warrant and represent that you are the owner or licensee of any content that you upload (such as videos, blogs etc), record or otherwise transmit through the Service and that you have all lawful permission to use the same and (collectively, "Your Content").
You warrant and represent that you shall not either intentionally or recklessly publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with junk mail, pyramid schemes, spamming (to include soliciting other users to become subscribers of other information services) or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (6) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify DocMode iNutrimon, its directors, officers' shareholders, employees, agents and suppliers against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or the Application, the Content or Your Content or related to any breach of this Agreement.
5. Service Availability and Limitation of liability
DocMode iNutrimon shall use all reasonable endeavours to make the Service available to you but shall not be liable in the event of any interruption of the Service. DocMode iNutrimon reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it. Minimum technical/ system requirements for the smooth operation of the Application, as may be stated on the homepage of the Application, must be followed by you at all times, any interruption in Services because of inadequate technical/ system requirements shall not be considered as DocMode iNutrimon's fault in any manner and DocMode iNutrimon shall not be held liable for any loss due to the same.
The Service is provided solely for your use and you are not permitted to resell (meaning sub-licence) or attempt to resell the Service to any third party.
To the maximum extent permitted by law, DocMode iNutrimon shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:
- any indirect, consequential or special loss or damage whatsoever;
- any loss of profit, loss of anticipated savings, loss of business or reputation, loss of goodwill, loss of data or other such financial or business loss or damage; or
Under no circumstances will DocMode iNutrimon be liable under this Agreement in respect of any fault which is the responsibility of any third party service provider such as indirect calorimeter, weight checking, nutrition devices and enteral/parenteral branded products or even consumer wearables and smartphones etc or in respect of third party applications such as Apple Health or FitBit etc.
Notwithstanding the above provisions of this clause DocMode iNutrimon's liability will not be limited in the case of fraud or for death or personal injury caused by the negligence of DocMode iNutrimon.
Please note in particular that the Services are a technology to support Patient self-management and all Content provided as part of the Services and all data provided to you as a result of Patient interaction is purely for information and support purposes only, and the Services are not a remote monitoring type device or service.
6. Pricing and Refund Policy
All products sold (as applicable) and the Services provided (including all or select features) shall be charged in Indian Rupees and shall be subject to Indian Tax System as and where applicable and at the then prevailing rate and payment time all as noted on your Service Order.
Nothing contained in the Application amounts to an offer to supply goods or services, and any order from you can be refused at the sole discretion of DocMode iNutrimon and without providing a reason.
If you dispute any charge or amount on any invoice and such dispute cannot be resolved promptly through good faith discussions between us then you shall pay the amounts due under this Agreement less the disputed amount, and we shall proceed in good faith to promptly resolve such disputed amount. An amount will be considered disputed in good faith if (i) you deliver a written statement to us on or before the due date of the invoice, describing in detail the basis of the dispute and the amount being withheld by you, (ii) such written statement represents that the amount in dispute has been determined after due investigation of the facts and that such disputed amount has been determined in good faith, and (iii) all other amounts due from you that are not in dispute have been paid as and when required under this Agreement
Discounts, Freebies, Offers on the Service or select features may be offered to you or select users on the sole discretion of DocMode iNutrimon.
Refund: You agree before selecting our services and making payment that you have evaluated DocMode iNutrimon completely as per your requirements and also, you agree that lot of work is involved while providing the services to you. Hence, you agree that if you elect to cancel your subscription/ services after payment then you shall not be entitled for any refund. You further agree that you shall not raise any dispute with payment gateway provider(s) including but not limited to Razorpay for refunding the payment.
Exception: You shall get refund of the subscription amount if you choose to surrender the subscription of DocMode iNutrimon within 10 (Ten) calendar days of making the payment of subscription.
7. Confidentiality
During the term of this Agreement, each party will regard any information provided to it by the other party and designated in writing as proprietary or confidential to be confidential ("Confidential Information"). Confidential Information shall also include information which, to a reasonable person familiar with the disclosing party's business and the medical industry in which it operates, is of a confidential or proprietary nature. The receiving party shall hold in confidence, and shall not disclose (or permit or suffer its personnel to disclose) any Confidential Information to any person or entity except to a director, officer, employee, outside consultant, or advisor (collectively "Representatives") who have a need to know such Confidential Information in the course of the performance of their duties for the receiving party and who are bound by a duty of confidentiality no less protective of the disclosing party's Confidential Information than this Agreement. The receiving party and its Representatives shall use such Confidential Information only for the purpose for which it was disclosed and shall not use or exploit such Confidential Information for its own benefit or the benefit of another without the prior written consent of the disclosing party. Each party accepts responsibility for the actions of its Representatives and shall protect the other party's Confidential Information in the same manner as it protects its own valuable confidential information, but in no event shall less than reasonable care be used. A receiving party shall promptly notify the disclosing party upon becoming aware of a breach or threatened breach hereunder, and shall cooperate with any reasonable request of the disclosing party in enforcing its rights.
Information will not be deemed Confidential Information if such information: (i) is known prior to receipt from the disclosing party, without any obligation of confidentiality; (ii) becomes known to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise publicly available, except through a breach of this Agreement; or (iv) is independently developed by the receiving party without use of the disclosing party's Confidential Information. The receiving party may disclose Confidential Information pursuant to the requirements of applicable law, legal process or government regulation, provided that it gives the disclosing party reasonable prior written notice to permit the disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the required disclosure.
Notwithstanding any other provision of this Agreement, both parties acknowledge that any use of the disclosing party's Confidential Information in a manner inconsistent with the provisions of this Agreement may cause the disclosing party irreparable and immediate damage for which remedies other than injunctive relief may be inadequate. Therefore, both parties agree that, in addition to any other remedy to which the disclosing party may be entitled at law or equity, the disclosing party shall be entitled to an injunction or injunctions (without the posting of any bond and without proof of actual damages) to restrain such use in addition to other appropriate remedies available under applicable law.
8. Links and Notices
The Application may contain links to other websites, applications and resources, however DocMode iNutrimon is not responsible and shall not be held liable for the availability or content or accuracy of these resources. No endorsement or approval of any such third party websites, their advice, opinions, accuracy, information, products or services is expressed or implied by any information on the Application and where we provide such links it is done for your convenience only and those of your Patients and shall be at your own risk and we shall not be liable for any damages or losses arising in connection therewith. We recommend you make yourself familiar with any third party providers and their terms and conditions of service before signing up to receive any other third party services and/or products.
All notices shall be given to DocMode iNutrimon via e-mail at inutrimon@docmode.com or by post to DocMode iNutrimon's address as set out under Clause 1 of this Agreement; or to you at the e-mail or land address you provide in your registration information.
9. Term and Termination
This Agreement shall become binding on you once you access the Application and begin using the Services and it shall continue as set out on your Service Order or as per the Start Date and End Date stated in the activation email/ sms. You may renew this Agreement for a new term after the completion of previous term.
This Agreement and your access to the Service may be terminated (or suspension of provision of services) by DocMode iNutrimon at any time or by written notice if (in the sole and reasonable opinion of DocMode iNutrimon) you are in breach of this Agreement and the breach is not properly remedied (which shall also be at the sole discretion of DocMode iNutrimon) within the period of 7 days after written notice of the breach has been given to you.
Termination of this Agreement will be a non-exclusive remedy for breach and will be without prejudice to any other right or remedy. You agree that DocMode iNutrimon shall have no liability for any loss, damage or inconvenience caused to you by such a termination (or suspension) of the Service. Also, you agree that any restrictions on access rights due to default on your part shall never be termed as denial of services by Docmode iNutrimon.
For the avoidance of any doubt, in the event of termination of this Agreement by us for cause, the Services shall not be made available to you or your Patient and you will immediately pay the unexpired portion of your subscription remaining.
On termination of this Agreement for any reason:
- all licenses granted under this Agreement shall immediately terminate;
you clearly agree that there shall not be any back-up facility for your data; and
the accrued rights of the Parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
On termination, you can request for the retrieval of your data stored in your account from DocMode iNutrimon by sending a request by email at inutrimon@docmode.com, however, DocMode iNutrimon shall have a right to reject your request fully or partially.
10. Breach
Without limiting other remedies that DocMode iNutrimon may pursue, DocMode iNutrimon may at its sole discretion take such action as it deems fit including but not limited to limit your activity, immediately remove your information, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your subscription, and/or refuse to provide you with access to the Application or initiate any legal action it may deem fit, particularly in the event:
- you breach any of the provisions of this Agreement including any laws/ rules/ regulations/ guidelines applicable from time to time or any policies/ documents/ terms and conditions made thereunder which are incorporated therein by reference; and
- failure of verification or authentication of any information provided by you.
11. Dispute Resolution
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Mumbai, India. In the event that within a period of 30 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Courts in Mumbai, Maharashtra.
12. General
Waiver: No failure or delay on the part of DocMode iNutrimon relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
Use of Name & Logo: You grant us the right to use your business or company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us from time-to-time. We shall not list you if you do not wish to be listed and you can email us at any time to inform us of the same.
Force Majeure: DocMode iNutrimon shall be under no liability to you in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Acts of God, any acts or regulations of any government or supra-national authority, war or national emergency, fire, civil disobedience, strikes, lock-outs, technical black-outs, industrial disputes, any epidemic/ pandemic and failure of third party delivery agents.
Entire Agreement: This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor DocMode iNutrimon shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides. None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and DocMode iNutrimon and you shall have no authority to bind DocMode iNutrimon in any manner whatsoever.
Full and Final Agreement: This agreement which contains all the terms and agreement with the necessary clarifications and other necessary explanation required by any person using the Application for such use as stated by DocMode iNutimon. This agreement, as mentioned, is binding on the user(s) and/or any person using the Website without any doubts of ignorance. All the provisions herein are full and final, and nothing contained herein will be repudiated by any agreement made before by way of an oral or written agreement. Every agreement made by any person stands dismissed after this agreement comes into force unless otherwise stated by the Firm.
Severability: If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision alone will be deleted or eliminated from this Agreement, to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Any inconsistency: In the event of any inconsistency between the terms of this Agreement, the DocMode iNutrimon, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
Headings: The Clause headings in this Agreement are inserted for convenience only and shall not affect the termination of this Agreement.
Assignment: This Agreement shall not be assigned or sublet by you without the prior consent of DocMode iNutrimon.
Governing Law: This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of India and be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra without any conflict of laws.
No Partnership: Nothing in this Agreement shall be construed to imply any employer-employee relationship between the Parties. It is expressly understood that they are independent contractors and no employment or partnership of any kind is intended between the Parties.
Survival: Unless and to the extent otherwise specified herein, all terms of this Agreement which by their nature extend beyond its termination including but not limited to privacy, payments, IPR, indemnity, restrictions, limited liability of DocMode iNutrimon, arbitration and every other such clauses/ provisions/ terms will remain in effect until fulfilled and apply to respective successors and assigns.
DocMode Health Technologies Pvt. Ltd. ("DocMode") provides an on-line cloud based application called iNUTRIMON for healthcare professionals ("HCP") which empowers them to better manage their patients' ("Patient") records, nutrition therapy, health and medical conditions by providing their Patients with scientific, dietary and personalised lifestyle interventions based on their individual and current health status ("Service(s)").
iNutrimon is committed to maintaining the security and privacy of your personal information and the digital health information of your patients collected through their website - www.inutrimon.com, mobile application, electronic nutrition record and the patient portal ("DocMode iNutrimon" or "Application"). This Privacy Policy discloses DocMode iNutrimon's information collection and dissemination practices in connection with the Application and applies solely to the information that we collect through those means. This Privacy Policy does not address personal information that you provide to us in other contexts (e.g., through a business or investment relationship not expressly described in this Privacy Policy).
1. The Clinical Application and Website
DocMode iNutrimon provides a web-based Clinical software to customers who register online on the Application or enter into an DocMode iNutrimon Service Agreement ("Customers"), who then authorize Clinical Application users including but not limited to dietitians, physicians, physician assistants, nurse practitioners and non-physician staff members ("Authorized Users") (Customers and Authorized Users also referred to as "you" or "your"). Customers and Authorized Users are responsible for determining uses and disclosures of patient's nutritional, physical and medical information maintained in the Clinical Application, in accordance with their legal and professional responsibilities as health care professionals and state and federal medical privacy laws, including but not limited to the US based federal Health Insurance Portability and Accountability Act ("HIPAA"). To the extent that DocMode iNutrimon receives or maintains patient medical information in the course of providing the Clinical Application, that information is secured, used and disclosed only in accordance with DocMode iNutrimon's legal obligations as a "business associate" under HIPAA.
DocMode iNutrimon fully respects your right to privacy and has a strict policy of complying with the terms of the Information Technology Act (2000) ("IT Act") & the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 ("SPI Rules") (as well as the General Data Protection Regulation (EU 2016/679), the Telemedicine Practice Guidelines ("TPG") enabling Registered Medical Practitioners to provide Healthcare using Telemedicine by the Board of Governors (Ministry of Health & Family Welfare) and the FAQs on TPG in India, the Electronic Health Records (EHR standards) and any other acts/ rules/ regulations/ guidelines, as may be applicable from time to time in this regard.
At certain times, and as a result of your interaction with the Site, DocMode iNutrimon may hold and process personal information obtained about you and Patients and the de-identified information i.e. Digital Health Data of Patient for the purposes of providing you and the Patient with the Service. By registering on the Site, you consent to this collection and use of your information and that of the Patient.
Information may be collected from Customers and Authorized Users:
Information may be collected from Patients or Guardians/ Relatives of Patients:
2. The Patient Portal
DocMode iNutrimon Customers may choose to make the Patient Portal available to patients to enable certain interactions between their Authorized Users and Patients, including scheduling appointments, discussing medical treatment, sending medication prescription-related messages, and enabling patient viewing of a portion of the Clinical Application. Customers are solely responsible for the content of the patient's medical record maintained in the Clinical Application and determining the portion of the Clinical Application that may be viewed by the patient through the Patient Portal.
In addition, you hereby acknowledge and confirm that you have received full and explicit written permission/ consent from the Patient (Owner) or Guardian/Relative of the Patient to collect, use and store their personal (to include their sensitive health related data/ information) data in order to allow you and DocMode iNutrimon to lawfully provide the Services to the Patient. For the avoidance of any doubt whatsoever, you hereby understand and confirm that DocMode iNutrimon is the data processor and you, as the HCP, are the data controller in relation to the provision of the Services.
Please also note that we may use your data to send you and the Patient Information about our products and/or services and, in addition, and as a result of using the Services you and the Patient may receive alerts via email/text etc. By using the Services you agree to these interactions and if at any time you do not wish to receive such information or do not wish the Patient to receive such information then please contact us at inutrimon@docmode.com and we shall desist the same – please note however that refusing to accept some alerts may hamper or completely impede your and your Patients' use of the Services – please feel free to discuss any of these points with us at any time.
DocMode iNutrimon may utilize patient medical information on a limited basis as necessary to provide the Patient Portal services, including the following uses and disclosures:
An email address or a cell phone number are required to be stored in DocMode iNutrimon before an invitation can be sent to the patient to open a Patient Portal account.
When a letter or a response from the dietitian/doctor is opened by the patient through the Patient Portal, the opened status will be communicated to the doctor inside DocMode iNutrimon.
If instructed by the patient to email a clinical profile derived from the patient's medical record (a "Profile") to an email system within the Portal, DocMode iNutrimon will email such documents on the patient's behalf.
DocMode iNutrimon will send email or text notifications to the patient when a letter from the doctor or clinical document is available in the Patient Portal. The email or cell phone number used is documented in the patient's chart in DocMode iNutrimon.
DocMode iNutrimon will maintain aggregate information regarding usage of the Patient Portal for product improvement purposes, but that data will not identify individual patients. DocMode iNutrimon will not sell any personal information provided by a patient through the Patient Portal to a third party.
3. Data Storage Security Privacy Policy
DocMode iNutrimon has various options of Health Data Storage which will be processed in the Clinical Application
- With Preferred Third Party Cloud Storage Services under DocMode iNutrimon's Ownership Account.
- With Preferred Third Party Cloud Storage Services not under DocMode iNutrimon's Ownership Account, but only implementation and restricted access will be given by Customer to DocMode iNutrimon.
- With Storage Services owned/rented by Customer Ownership where DocMode iNutrimon will be allowed implementation and where restricted access given by Customer to DocMode iNutrimon.
Under these scenarios, DocMode iNutrimon will use reasonable measures to help protect information from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public/private network can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we take steps to ensure security on our systems. Please note this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such safeguards. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
If DocMode iNutrimon learns of a security system's breach, DocMode iNutrimon maintains an incident response policy that includes notifications consistent with applicable law.
By using the DocMode iNutrimon Services or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Application.
Security and Encryption of Data:
All Health records on the Application are encrypted and cannot be accessed by anyone including DocMode iNutrimon Staff.
We urge users to protect their account/ login by of the Application by passwords. Users shall be liable to protect their own account details and DocMode iNutrimon shall not be liable for any breach caused due to ill-use of the credentials. It shall be the duty of the users to inform DocMode iNutrimon regarding any such issues. DocMode iNutrimon provides Multi-Factor Login with OTP and Authenticator Services as optional and can be utilised by customers/users who are ranging from Basic to Premium features.
We encourage all participants to use such security measures to avoid risk of breach of data.
Access to Authorised Users
We urge customers to allow only access to the Authorised users with their official email or official work mobile numbers so that those who leave the organisation or former staff can be removed from the User list of the Application and cannot access the Application once their email and mobile number/devices are deleted/withdrawn from the Customer's Organisation.
4. Acceptance of Privacy Policy
By using the Application, you signify your acceptance of this Privacy Policy (as may be updated from time to time). If you do not agree to the terms of this Privacy Policy (as may be updated from time to time), please do not use this Application. Your continued use of the Application following the posting of changes to these terms will mean that you accept those changes.
Personal Information Provided by You
Except as described in this Privacy Policy, DocMode iNutrimon only collects your personally identifiable information ("PII") through this Application when you choose to provide such information, such as when you use the "Contact Us" feature or submit a job application. PII can include your name, date of birth and zip code. DocMode iNutrimon uses your PII to address your requests for information, products or services. DocMode iNutrimon will not sell, rent, license, or trade your PII with third parties for their own direct marketing use unless we receive your express consent to do so. Unless you give us permission to do so, DocMode iNutrimon will not share your PII other than as specified in this Privacy Policy.
Disclosures Under Special Circumstances
We may provide information about you in order to respond to court orders, legal process or governmental regulations, or to establish or exercise our legal rights or defend against legal claims. We believe it is necessary to share information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.Business Transfers
We may share your PII with other business entities, in connection with the sale, assignment, merger or other transfer of all or a portion of DocMode's business to such business entity. We will require any such successor business entity to honor the terms of this Privacy Policy.
Automatically Collected Information and Anonymous Information
Each time a visitor visits the Application, DocMode iNutrimon collects some information related to application usage and pages of the Application visited by the visitors to improve the overall quality of the visitor's online experience.
Aggregated Data
DocMode iNutrimon collects aggregate queries for internal reporting and also counts, tracks, and aggregates the visitor's activity into DocMode iNutrimon's analysis of general traffic-flow at the Application. To these ends, DocMode iNutrimon may merge information about you into aggregated group data. In some cases, DocMode iNutrimon may remove personal identifiers from PII and maintain it in aggregate form that may later be combined with other information to generate anonymous, aggregated statistical information. Such anonymous, group data may be shared on an aggregated basis with DocMode iNutrimon's affiliates, business partners, service providers and/or vendors; if it does so, DocMode iNutrimon will not disclose your individual identity.
Web Server Logs and IP Addresses
An Internet Protocol ("IP") address is a number that automatically identifies the computer/device you have used to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. DocMode iNutrimon may use IP addresses to conduct Application analyses and performance reviews and to administer the Application.
Third Party Applications and Services:
We would also add that you should be mindful that our Services can link to and collect data from third party applications (such as Apple Health and FitBit) and if such a third party application is permitted access by a Patient to their data that DocMode iNutrimon will not be responsible in any way for any such use, disclosure or modification of the Patient data that is transmitted or accessed through the Services by any such third party application.
DocMode iNutrimon shall have the right to collect, use and distribute aggregated information, analysis, statistics, related benchmarking algorithms and other data generated by the Services (or derived from your use of the Services) provided, however, that we shall not disclose any such data unless such data is in an aggregated form that would not permit a third party to identify the data as associated with either you and/or a Patient.
Some of the DocMode iNutrimon Services may contain links to content maintained by third parties that we do not control. We allow third parties, including business partners, advertising networks, and other advertising service providers, to collect information about your online activities through cookies, pixels, local storage, and other technologies. These third parties may use this information to display advertisements on our DocMode iNutrimon Services and elsewhere online tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy.
Some third parties collect information about users of our DocMode iNutrimon Services to provide interest-based advertising on our DocMode iNutrimon Services and elsewhere, including across browsers and devices. These third parties may use the information they collect on our DocMode iNutrimon Services to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on your online activities. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit their respective websites. You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. If you opt out, you will still receive advertisements, but they may not be as relevant to you and your interests, and your experience on our DocMode iNutrimon Services may be degraded.
Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
Third-Party Browser Extensions. Extensions are small software programs, developed by third parties that can modify and enhance the functionality of your browser. Extensions may have privileges, including the ability to read, record and/or modify your private data. These extensions are installed by individual users into the browser on their computers and are utilized at users' own risk. Further, such extensions are not affiliated with DocMode iNutrimon and the Application does not have visibility into which extensions any user may use. DocMode iNutrimon assumes no risk of loss of data or breach of such data due to your use of browser extensions.
Prior to using the DocMode iNutrimon Services, if you have one (or more) of these extensions enabled in your browsers, DocMode iNutrimon recommends completely removing all of these extensions immediately as disabling the extensions may not be sufficient to protect your Health Information. We, recommend that you only access the DocMode iNutrimon Services from supported browsers that have all plug-ins and extensions removed.
Further, installing any third-party software on your operating system may also subject you to the same risks as using browser extensions. DocMode iNutrimon has no liability to you due to damages caused by any third-party software, including, without limitations, browser extensions.
Cookies and Web Beacons
Cookies are pieces of information that an application transfers to a user's computer for purposes of storing information about a user's preferences. Cookies do not personally identify users, although they do identify a user's computer. Many applications use cookies as a standard practice to provide useful features when a user visits the Application and most web browsers are set up to accept cookies. DocMode iNutrimon uses cookies to improve your online experience when visiting the Application. You can set your browser to refuse cookies, but some portions of the Application may not work properly if you refuse cookies. Some of the Application's web pages may use web beacons in conjunction with cookies to compile aggregate statistics about Application usage. A web beacon is an electronic image (also referred to as an "action tag," "single-pixel," or "clear GIF") that is commonly used to track the traffic patterns of users from one web page to another in order to maximize web traffic flow and to otherwise analyze the effectiveness of Applications. Some web beacons may be unusable if you elect to reject their associated cookies.
Referrals/Links
The Application may contain links to third-party applications that may offer information of interest. This Privacy Policy does not apply to those applications, and DocMode iNutrimon recommends reviewing those third-party applications' privacy policies individually. DocMode iNutrimon assumes no responsibility for any material outside of the Application, including any third-party application that may be accessed through a link from the Application.
Security
DocMode iNutrimon understands that storing our data in a secure manner is essential. DocMode iNutrimon stores PII and other data using industry-standard physical, technical and administrative safeguards to secure data against foreseeable risks, such as unauthorized use, access, disclosure, destruction or modification. Please note, however, that while DocMode iNutrimon has endeavored to create a secure and reliable Application for users, the confidentiality of any communication or material transmitted to/from the Application or via e-mail cannot be guaranteed.
Sharing of Information
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
Healthcare providers, insurance companies, and other healthcare-related entities. We may share Patient Personal Information and de-identified health information with other health care providers, laboratories, government agencies, insurance companies, organ procurement organizations, medical examiners or funeral directors, and other entities relevant to providing them with treatment options and support.
Authorized third-party vendors and service providers. We may share your Personal Information and de-identified health information with third-party vendors and service providers that help us with specialized services, including billing, payment processing, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct-mail, mobile marketing, optimization and retargeting), performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.
Research partners. We may share your information with our research partners to conduct health-related research; such sharing may be subject to your separate written authorization. Corporate affiliates. We may share your information with our corporate affiliates that are subject to this policy.
Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
Legal purposes. We may disclose information to respond to subpoenas, warrants, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of DocMode iNutrimon, our affiliates, users, or the public. If we are legally compelled to disclose information about you to a third-party, we will attempt to notify you by sending an email to the email address in our records unless doing so would violate the law or unless you have not provided your email address to us.
With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction. If you access third-party services, such as Facebook, Google, or Twitter, through the DocMode iNutrimon Services to login to the DocMode iNutrimon Services or to share information about your experience on the DocMode iNutrimon Services with others, these third-party services may be able to collect information about you, including information about your activity on the site, and they may notify your connections on the third-party services about your use of the website, in accordance with their own privacy policies.
If you choose to engage in public activities on the website or third-party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing Personal Information while engaging in these activities. We are not responsible for the information you choose to submit to these external links.
Changes in PII
You may review and request changes to your PII that DocMode iNutrimon has collected, including the removal of your PII from DocMode iNutrimon's databases in order to prevent receipt of future communications or to halt receipt of our Application services, using any of the following options:
You can change your PII by logging into your respective account. In case, you are not able to change your PII by logging into your account then you can send your request via e-mail to: inutrimon@docmode.com, or mail your request to the following postal address:
Registered Address:
Docmode Health Technologies Pvt. Ltd.,
Office No: 201, Kalpataru Plaza,
Chincholi Bunder Rd, Nadiyawala Colony 2
Malad West, Mumbai-400064,
Maharashtra, India
DocMode Registration Number: U72900MH2009PTC191240
5. General Terms
Policy Updates
This Privacy Policy may be revised from time to time as we add new features and services, as laws change, and as industry privacy and security best practices evolve. We display a version number and a date on the policy in the upper right corner of this Privacy Policy so that it will be easier for you to know when there has been a change. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will provide advance notice of such change, such as by highlighting the change on Application or emailing on the email address of record for your account. Small changes or changes that do not significantly affect individual privacy interests may be made at any time and without prior notice.
Questions
If you have any questions about this Privacy Policy or about DocMode iNutrimon's handling of your information, please write to us at inutrimon@docmode.com or DocMode Health Technologies Pvt. Ltd., Office No: 201, Kalpataru Plaza, Chincholi Bunder Rd, Nadiyawala Colony 2, Malad West, Mumbai-400064, Maharashtra, India.
Consent to this Policy
You agree and acknowledge that this Privacy Policy is a part of the Terms and Conditions of DocMode iNutrimon and the Services provided on it directly or through third-parties, and you unconditionally agree that becoming a Customer/ Authorized User and its Services signifies your (a) assent to this Privacy Policy, and (b) consent to DocMode iNutrimon using, collecting, processing and/ or disclosing your & your patient's Personal Information in the manner and for the purpose set out in this Privacy Policy. Your visit on DocMode iNutrimon and using it Services is subject to this Privacy Policy and the Terms and Conditions.