WARHAM HealthCare Private Limited Pakistan (“WARHAM HealthCare”) hosts ‘topdoc’ virtual clinic platform (patient mobile application, and patient portal/website) which connects users/patients with HealthCare providers (the “Medical Practitioners”) who have entered into an agreement with WARHAM HealthCare.
Collecting Personal Information
‘topdoc’ may collect, store and use the following kinds of personal information that can be used to personally identify you (the “Personal Information”):
- Your name and contact information, including, without limitation, your e-mail address, phone number, physical address and any other personal information provided by you;
- Demographic data, including, without limitation, your gender, birth date, area of residence and/or zip code;
- Health and medical data, including, without limitation, your medical history and any medical information that you provide through the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) and/or the Services describing your symptoms, or the symptoms of another person on behalf of whom you are using the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) and/or Services;
- Information about your computer and about your visits to and use of the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) including, without limitation, your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths;
- Information contained in or relating to any communication that you send to us or store in ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website);
- Information from your mobile device, including, without limitation, multimedia stored on your device, which you affirmatively select to share this information, and geolocation data, provided, however, that location data is not required for use of the App, Web or the Services, and you have the option of declining collection of geolocation data;
- Web beacons, which are invisible images used to recognize users of the Website and/or the App and to assess traffic patterns, and we may also include web beacons and cookies in our email messages to you; and
- Any other information that you choose to send or store at ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website)
Using Personal Information
We may use your Personal Information:
- To administer the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) and/or the Services;
- To personalize the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) and/or the Services for you;
- For the purposes for which you specifically provided it, including, without limitation, to enable you to use the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) and/or the Services;
- To send you information about your relationship or transactions with us, including, without limitation, statements and invoices;
- To send you marketing communications relating to our business or the businesses of carefully selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology;
- To otherwise contact you with information that you have specifically requested or that we believe will be of interest to you;
- To provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information); and
Disclosure of Personal Information
Your Personal Information may be disclosed:
- To the independent medical provider who are registered with topdoc vCLINIC and those will respond to your request;
- To our affiliates, provided that your medical information will not be shared for any marketing purposes without your prior written consent;
- To third party businesses with which we partner to offer you products, services and promotions when you engage in such promotions or purchase such products or services;
- To the extent required or allowed by applicable law;
- In connection with any legal proceedings; and
- To the purchaser or prospective purchaser of any business or asset that we are or are contemplating selling.
Non-Personally Identifiable Information
We may also collect information from you, which does not reveal your specific identity (“Non-Personal Information”), including, without limitation Aggregated Personal Information. Aggregated Personal Information is information that is derived from Personal Information that does not personally identify you or any other user of the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website) or the Services.
How We Protect Your Personal Information
All data is stored only in the servers of our technology vendor on the highly secure Amazon Web Service platform (which is compliant with HIPAA regulations). Necessary measures in providing secure transmission of personal health information before it is transferred across the Internet from your personal computer or devices are ensured. However, you should be aware of possible risk involved in transmitting information over the Internet as no data transmission can be guaranteed to be 100% secure and of risk that others could find a way to thwart our security systems. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security and privacy of personal information you transmit to us, and you do so at your own risk.
We will take commercially reasonable administrative, technical and organizational precautions to safeguard Personal Information in our possession against loss, misuse, alteration and theft. We use generally accepted industry standards to protect the information submitted to us, both during transmission and once it is received by us. Notwithstanding the foregoing, you acknowledge that the transmission of information over the Internet is inherently insecure, and we cannot guarantee the security of data sent over the Internet. In the unlikely event of a data breach, we will notify you as soon as reasonably practicable, in accordance with applicable law. You are responsible for keeping the password you use for accessing the Website and/or the App confidential. We will never ask you for your password (except when you log into the Website and/or the App).
Use & Disclosure of non-Personally Identifiable Information
We may use and disclose Non-Personally Identifiable Information for any purpose. If for some reason Non-Personally Identifiable Information is combined with Personally Identifiable Information, the combined information will be treated by use as Personal Information so long as it is combined. We may disclose any information to government or law enforcement officials if we believe doing so is required to comply with law enforcement and legal process; to prevent or stop any illegal, unethical, or legally actionable activity; to protect your, our or others rights and safety.
Communicating via Video, Audio, Email and Text Messaging
PLEASE NOTE THAT USE OF ‘topdoc’ VIRTUAL CLINIC PLATFORM (PATIENT MOBILE APPLICATION AND PATIENT PORTAL/WEBSITE) AND/OR THE SERVICES INVOLVE COMMUNICATIONS VIA VIDEO, AUDIO, EMAIL AND/OR TEXT MESSAGE. YOU AGREE THAT COMMUNICATIONS ARE NOT ALWAYS SECURE AND IN CASE OF ANY BREACH WARHAM HEALTHCARE PRIVATE LIMITED AND/OR ‘topdoc’ WILL NOT BE RESPONSIBLE.
Accessing & Updating Your Information
You can review and update your personal information by logging into your account within the ‘topdoc’ virtual clinic platform (patient mobile application and patient portal/website). We will try to comply with your requests to review and update personal information as soon as practicable.
Opting Out Of Marketing Emails
If you no longer wish to receive marketing e-mails from us on a going-forward basis and/or if you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their marketing purposes, you may opt-out of receiving such marketing related e-mails and sharing such information by sending an email to email@example.com. We will try to comply with your requests as soon as reasonably practicable.
Use of Application by Minors
Governing Law & Dispute Resolution
The services provided by topdoc shall be governed by and construed in accordance with the Laws of Pakistan.
- The Parties shall endeavor to reach an amicable settlement on any disputes that may arise in relation to the same through mutual consultation and in good faith as promptly as possible.
- If the Parties are unable to resolve a dispute through amicable settlement within a period of thirty (30) days following written notice by one of the Parties to the other(s) of the existence of any such a dispute, the matter under dispute shall be settled finally in accordance with the Arbitration Act, 1940 and by a sole arbitrator to be agreed between the Parties.
- The venue and seat of arbitration shall be Karachi and the language of arbitration shall be English.
- The Parties agree to facilitate the arbitration by:
- Making available to each other and to the arbitrator all documents, records and personnel under their control as the arbitrator may determine to be relevant to the dispute;
- conducting arbitration hearings on successive days; and
- observing strictly the time periods established by the arbitrator for the submission of evidence and briefs.
- All decisions or awards of the arbitrator shall be based on the provisions of this Contract. The arbitrator shall render a detailed written decision, which includes his findings of fact and applicable rules of law.
- The decision or award of the arbitrator shall be final and binding on the Parties and may be executed against them in a court of competent jurisdiction. The arbitrator shall have the power to render declaratory judgments and to issue injunctive orders, as well as to award monetary damages. The cost of arbitration shall be included in any award made.