2. Definition for the terms used under this Terms and Conditions

 

2.1 Application (“App”):

Application, mobile application, platform or any other terminology used under this policy are all in reference to application , websites, products, services which are owned, developed by PinkTree and are provided to the User/ the Doctor.

 

2.2 The Resources:

The Content, Informational Articles, Resources or any other terminology used under this policy are all in reference to the resources that are made available to the User/ the Doctor registered on the App.

2.3 User:

Subscribers, User or any other similar terminology used under this policy are all in reference to the person who is a Patient and has registered himself/ herself on the App and is accessing or using the App and/or the Resources of the App.

2.4 Doctor:

Doctor, Medical Practitioner, Medical Expert, or any other terminology used under this policy are all in reference to the Doctor registered with medical council of India or such regulatory body established by the government of India and who has registered himself/ herself on the App and is accessing or using the App and/or the Resources of the App.

2.5 Content:

Content, Information, Blogs or any other terminology used under this policy are all in reference to software, text, graphics, images, sound recordings, audio-visual works, and other materials provided by or on behalf of the PinkTree.

2.6 Caregiver:

Caregiver under this policy is all in reference to the person who is a family member, immediate relative or friend of the User and whose details are provided by the User at the time of the registration or after registration on the App.

2.7 Personal Information:

Personal Information means any information, directly or indirectly associated with a natural personal. Personal Information includes but is not limited to name, phone number, emergency contact number, gender, occupation, hometown, personal interests, your email address, passwords, financial information, medical health condition, medical records, biometric information and communication details.

3. Consent:

3.1 By using the platform, providing us with your Personal Information or by, making use of the features provided by the platform or by making a payment to PinkTree, you hereby provide your consent to the collection, storage, processing, disclosure and transfer of your personal Information in accordance with the provisions of this Privacy Policy and you accept that you have read the App’s Terms of Use mentioned alongside this policy in the app/website.
3.2 The User acknowledges that he is providing Personal Information out of his free will to PinkTree. 
3.3 By registering with the platform of PinkTree, the Doctor expressly gives consent to PinkTree to collect, store, process disclosure and transfer personal Information pertaining to his/ her registered license number, professional background. PinkTree may verify such data using third party application/ services.

4. Personal Information collected from the User

4.1 To enable the User to engage and enjoy all the benefits of our Services, PinkTree will use Personal Information of the User as provided directly by him/ her or indirectly through third-party services/ accounts (e.g., Google/ Facebook) by them. The data received by PinkTree will be used to contact and identify User; such Personal Information may include but is not limited to the User’s name, Mobile Number, User’s photograph, gender, occupation, address, personal interests, Email ID, or any other details as required to access any services of the App. PinkTree may use third party application/ services to verify any personal data such as User’s Mobile Number (using OTP), Email ID (using OTP), AADHAR number, ABHA number as provided by the User. 

4.2 Further, PinkTree can also collect Information that the User provides from responses, in-app inputs, assessments or the feedback you send/ sent by the App to PinkTree. 
4.3 If the Users communicate with PinkTree by email or phone, any information provided in such communication may be collected as Personal Information (“Personal Information”) and used for relevant purposes.
4.4 On receiving the consent of the User, PinkTree shall integrate the health data available on the Apple/ Google health app or devices with the App. Such health data may be shared with Doctors or Pharma/ Healthcare/ Medical companies/ entities/ organization/ institutions or any other entity for statistics, advertising, marketing, sponsorship and other events. Such data shall be shared in a general form and not with linkages of the specific User.
4.5 The primary reason we collect this Personal Information is to provide the User with a smooth, efficient, customized and enhanced experience of the App. The collection of Personal Information also enables the User to create an account and profile that can be used for various services of PinkTree.
4.6 Some information can be amended by the User by accessing the account page on the website or profile details for the application(s). You shall be solely responsible to safeguard the credentials of your account on the App and in the event, you have any knowledge of your account being misused, you shall inform PinkTree immediately. 
4.7 The Personal Information duly collected under this policy may be shared with third-parties necessary for certain service/ features of the App. Such Personal Information shared with the third parties shall be used by them for providing the required services/ features of the App, however, PinkTree shall not be held liable and responsible in any manner whatsoever for any mis-utilization of such Personal Information by such third-parties.
4.8 Providing AADHAAR number and ABHA number is optional, and if you provide your AADHAAR number and/ or ABHA number, the same shall be used to verify your details and to capture/ link your digital health records/ history under the vision of Ayushman Bharat Digital Mission of the Government of India.
4.9 PinkTree may use the information directly collected from you or the information collected from your usage of the App or from your device or accounts (Google/ Facebook, etc.) linked with the App account, etc., may be shared with Doctors or Pharma/ Healthcare/ Medical companies/ entities/ organization/ institutions or any other entity for statistics, advertising, marketing, sponsorship and other events.

5. Information collected from Doctor

5.1 Doctor by registering on PinkTree can access the services of PinkTree such as monitoring the health of patient, access patient’s medical reports, track the progress in the health of the patient, conduct events for the Users and Patient and any other services of PinkTree.
5.2 To enable the Doctor to engage and enjoy all the benefits of our Services, PinkTree will use Personal Information of the Doctor as provided directly by him/ her or indirectly through third-party services/ accounts (e.g., Google/ Facebook) by them. The data received by PinkTree will be used to contact and identify the Doctor; such Personal Information may include but is not limited to the Doctor’s name, Mobile Number, Doctor’s photograph, gender, address, Email ID, educational background and past work experience, registered license number issued by the Indian Medical Council or any other details as required to access any services of the App. PinkTree may use third party application/ services to verify any personal data such as Doctor’s Mobile Number (using OTP), Email ID (using OTP), AADHAR number as provided by the Doctor. 
5.3 Further, PinkTree can also collect Information that the User provides from responses, in-app inputs, assessments or the feedback you send/ sent by the App to PinkTree. 
5.4 If the Doctor communicates with PinkTree by email or phone, any information provided in such communication may be collected as Personal Information (“Personal Information”) and used for relevant purposes.
5.5 The primary reason we collect this Personal Information is to provide the Doctor with a smooth, efficient, customized and enhanced experience of the App. The collection of Personal Information also enables the Doctor to create an account and profile that can be used for various services of PinkTree.
5.6 Some information can be amended by the Doctor by accessing the account page on the website or profile details for the application(s). You shall be solely responsible to safeguard the credentials of your account on the App and in the event, you have any knowledge of your account being misused, you shall inform PinkTree immediately. 
5.7 The Personal Information duly collected under this policy may be shared with third-parties necessary for certain service/ features of the App. Such Personal Information shared with the third parties shall be used by them for providing the required services/ features of the App, however, PinkTree shall not be held liable and responsible in any manner whatsoever for any mis-utilization of such Personal Information by such third-parties.
5.8 Providing AADHAAR number is optional, and if you provide your AADHAAR number, the same shall be used to verify your details.
5.9 PinkTree may use the information directly collected from you or the information collected from your usage of the App or from your device or accounts (Google/ Facebook, etc.) linked with the App account, etc., may be shared with Pharma/ Healthcare/ Medical companies/ entities/ organization/ institutions or any other entity for statistics, advertising, marketing, sponsorship and other events. 

6. Updating Personal Information on the platform 

The User or Doctor can update or correct the personal Information by using the update profile option as available on the App of PinkTree, if they have any grievance with respect to the process then such aggrieved party may communicate the same to PinkTree on its email id support@pinktreehealth.com. PinkTree will take all reasonable efforts to incorporate the changes within a reasonable period of time as per its process and policies. 

7. Companion feature of the App:

7.1 Companion is a feature available on the App whereby two Users can become each other’s companion, track health goals, health progress and motivate each other through posting of predetermined messages. Options of companions will be made by the system automatically based on the parameters set by PinkTree and the Users can themselves select their Companion based on the list provided.
7.2 For accessing the Companion feature the User has to opt-in for the said feature and allow access of certain information with the other Users who can be paired as Companion for the User. On receiving the consent from the User, the User will be listed under Companion feature and paired with other User by the PinkTree’s system automatically.

On being paired with other User as Companion, certain information like medical condition, medication, health goals, health progress etc., of the Companions will be visible to each other, so the User should at his/ her discretion decide to opt-in or not for the Companion feature.
7.3 The Companion feature of PinkTree does not have any communication through chat or email or physical meet up feature. PinkTree advises the User to refrain from using any other means to communicate with his/ her Companion. If they use any other means to communicate through any means or physically meet, and if any data/ information of the User is compromised because of sharing of information/ data with the Companion through any such communication/ physical meets or the User suffers any injury whether financial, physically, psychologically, or any other injury because of sharing of information/ data with the Companion through any such communication/ physical meets, then in such circumstances PinkTree will not be held liable/ responsible in any manner whatsoever for any damages, harm, loss, injury incurred by the User however, the aggrieved party can claim damages against the offending party as available to them in general under the applicable laws.
7.4 The User acknowledges that for enabling the Companion feature their pin code will be used by the App.

8. Chat Feature:

8.1 The Terms of Use governs the rules regarding the use of chat feature by the User and Doctor. Please read the PinkTree Terms of Use which you will find in the app/website.
8.2 This service of PinkTree allows the User and Doctor to chat regarding the User’s medical condition/ medication, however, the chat functionality shall have limitation with respect to time period or number of messages. To access this feature, the User has to primarily subscribe to the service of the PinkTree and both the party have to accept each other requests to get connected on the chat feature of the PinkTree.
8.3 The messages shared between the parties are end-to-end encrypted, which means that no hird party can send or received the messages. Similarly, PinkTree is not a party to any messages shared between the User and Doctor, and does not endorse/ verify any information/ advise/ consultation provided by the Doctor to the User or any information/ medical records shared by the User with the Doctor. However, PinkTree can access the messages between User and Doctor if it is required to do so under any applicable law or under any order of regulatory/ statutory bodies, court of law, government, etc.
8.4 The User understands and acknowledges that any information pertaining to his/ her medical condition, records, history, caregiver, or any other information etc. shared with the Doctor through Chat feature shall be at the discretion of the User/ Caregiver of the User, and that PinkTree shall not be held liable/ responsible in any manner for the advise/ consultation provided by the Doctor to the User/ Caregiver of the User. 
8.5 Once connected on the App, both the User and Doctor can see the last seen status of each other on the App. The Doctor has the option to select not to show his/her  last seen status to their User on the App. However, by default this will be on unless the doctors turn it off.

9. Login Data of the User of the website or application

The PinkTree platform automatically records the Information pertaining to the browser detail and IP address of the device, and such application may send data (hereinafter “login data”). The login data includes the device name, the operating system of the device, the configuration of the device, the browsing history of the device and all other statistics. PinkTree only collects, store and use this data to analyze the trend, administer the platform, track location and gather broad demographic Information for aggregate use and improvement/ enhancement of the App.

10. Confidentiality

PinkTree maintains strict confidentiality of all Information disclosed on its platforms by the User and Doctor, and such Information is not shared with anyone except as provided herein, to provide services/ features of the App and for the following purposes:

Under applicable law or to respond to any legal notices, orders, process etc.;
In connection to any legal proceedings brought against PinkTree or any of its Designated Partners, Officers, Employees, Affiliates, Associates, etc.;
To protect, defend, exercise, establish and enforce our legal obligations/ rights;
To investigate any fraud, credit risk or violation of our policies; or
As a part of due diligence exercise or for business structuring/ acquisition deals or negotiations.

11. Cookies and Other Tracking Technologies

11.1 While using the App or the website of the PinkTree we could use cookies or other tracking technologies on User/ Doctor personal device. A cookie is a small amount of information that an App server sends to your browser that stores Non-Personal Information about your account, preferences and use of the App and Resources. Cookies allow us to recognize you when you return to the App and track and target your interests in order to provide a customized experience.
11.2 They also help us to detect certain kinds of fraud. We use cookies to store preferences, record session information, record user-specific information on what pages are accessed or visited, alert you to new areas of the App, or customize App content, Resources and advertisements based on browser type or other information that the tracking technologies provide. “Session” cookies are temporary cookies used for various reasons, such as managing page views and your shopping cart. Typically, your browser will erase session cookies once you exit the browser. “Persistent” cookies are more permanent cookies that are stored on your mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us (for example, your user ID if you ask to be remembered). The App may use both session and persistent cookies.
11.3 The App may also use “tracer tags” which are tiny graphic images placed on App pages or in our emails that allow us to determine whether you have performed certain actions. When you access these pages or open email messages, the tags generate a notice of that action to us or our Service Providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
11.4 You may manage, block, or delete cookies and other tracking technologies by adjusting your mobile devices security and privacy settings but, if you do so, you may not be able to use particular features of the App or the Resources.
11.5 In order to use the App, we may, with your prior permission, collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain Resources to you. Because your Geolocational Information is subject to abuse by others, please be sure to manage your mobile device and privacy preferences on the App on an ongoing basis. 

12. Sharing Your Information. 

PinkTree may share your Personal Information and Non-Personal Information with third parties without notice to you under certain circumstances including but not limited to:
12.1 Service Providers
When we engage a Service Provider to perform certain business-related functions, we only provide them with the information that they need to perform their specific function. We may also share your information with any of our partner companies/ entities, subsidiaries, or other companies/ entities under common control with us or not.
12.2 Business Transfers 
We may share your information with business partners, or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Information and Non-Personal Information may be part of the assets that are transferred
12.3 Aggregated Information
We may aggregate Personal Information and Non-Personal Information and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes. PinkTree may disclose Personal Information to third party marketers (who may combine such Personal Information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third party marketers.

We also put in place adequate measures and requirements with our Service Providers, Business Partners, Third-Parties, etc., with respect to data protection and confidentiality of the information of the Users/ Doctors/ Casual Visitors/ Caregivers of the Users.

13. Third Party Disclosure

The App may contain links to third-party websites, products, and Resources. These third-party websites may place cookies or other tracking technologies on your mobile device. Information collected by these third-party websites is governed by their privacy practices and is not subject to our Privacy Policy. We are not responsible for how these third-party websites collect, use, disclose, distribute, or maintain Personal and Non-Personal Information. If you visit a third-party website linked from the App, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties prior to providing them with any information or taking advantage of an offer or promotion. PinkTree expressly disclaims any and all liability for the actions of third parties, including, but without limitation to, actions relating to the use and/or disclosure of Personal Information by third parties.

14. Payment Gateway

The App charges its User/ Doctor a predetermined amount as fees for availing certain services/ features of the App. The same fees are to be paid online by using the payment gateway provided by third-party. The payment gateway of these third party websites might capture some details of the User as they are required to comply with the guidelines of the Reserve Bank of India or other applicable laws applicable in India. PinkTree would not be liable for any loss, store, or transmit any personal data of the User while using such payment gateway.

15. Retention, Correction and Deletion of Information

PinkTree shall retain such information of the User/ Doctor for as long as it is necessary in order to facilitate use of Services/ features of the App and for ancillary legitimate and essential business purposes like improving the App, our services/ features, resolving technical issues/ disputes/ grievances, etc., and thereafter, PinkTree shall continue to retain information for such period as it deems necessary and is required to retain under any provisions of applicable laws. 

Your information will be stored in electronic form through third-party services in compliance with the applicable laws pertaining to data storage.

The User can access upto recent 2 (Two) years of the medical data/ information uploaded by him/ her on the App.

You may request correction or updation and deletion of the data by contacting us at support@pinktreehealth.com.  Deletion of certain data or withdrawal of consent may lead to cancellation of your registration with us or your access to the services/ features of the App. Also, after you terminate your usage of services of PinkTree/ the App, we may, delete all data/ information provided or collected from you from our servers, unless it is required under any applicable law to retain such data/ information.

16. Security

PinkTree takes reasonable precautions to safeguard your Personal Information against unauthorized access or disclosure by implementing industry-standard processes and technologies. Sensitive data like payment details/ location etc, are encrypted using technologies/ processes including but not limited to Secure Sockets Layer (SSL), AES256, TLS1.2 & SHA256. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online, and PinkTree is not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information or other information due to any reason such as hacking, cyber-crime, surveillance by third-parties or any force majeure events like natural disaster, man-made disasters, fire, explosion, acts of God, strikes, lockouts, riots, war, etc.

17. Changes to the Privacy Policy of PinkTree

PinkTree reserves all the right to amend or remove any part of the Privacy Policy without notice or liability to any third party. In the event of any significant changes in the privacy policy, the same would be amended under the privacy policy section of PinkTree. PinkTree may take reasonable efforts but are under no obligation to send the change notice to the User through email. If any User/ Doctor has an objection to the amended privacy policy and no longer wishes to use the platform, then such User shall contact PinkTree to discontinue the use of the PinkTree App and deactivate the account, only if the account is registered directly with us. Unless stated otherwise, our current Privacy Policy applies to all the Information that PinkTree has about you and your account collected directly/ indirectly. Using the Services of the App or accessing the App, after a notice of change has been sent to you or published on our App/ website shall constitute your consent to the changed terms.

18. Important Notice to Users residing outside India.

The App and the Resources are operated in India. If you are located outside of India, please be aware that any information you provide to us will be stored in/ transferred to India and used/ saved/ disclosed as per the applicable laws in India. By providing us with any information through the App, or the Resources, you consent to this transfer and to your information/ data to be governed by the applicable laws of India.

19. Contact Us

If you have any questions regarding this Privacy Policy or our privacy practices or in case of any grievance, you may email us at contact@pinktreehealth.com with “PRIVACY POLICY” in the subject line. You can access these documents at any time in the Profile section of this App.