PRIVACY POLICY

Hxplain Digital Health Technology Solutions Private Limited (hereinafter “Hxplain”/ “We”/ “Us”/ “Our”) is engaged business of offering courses in skill development, training and specialist courses to healthcare professionals for the purpose of continuing their professional education (“Services”) through Hxplain’s proprietary digital platform (“Website”) and application (“App”), (hereinafter collectively referred to as “Platform”).

For the purposes of this privacy policy (hereinafter referred to as “Privacy Policy” or “Policy”) wherever the context so requires, references to the terms “User(s)”, “You” or “Your”, shall mean and include the user, registered on the Platform, who uses or access the Platform or avails the Service(s) (as defined below) of the Platform in accordance with the Terms of Use as available at https://hxplain.co/terms-conditions/.

This Privacy Policy is published in compliance with the Information Technology Act, 2000,  and applicable amendments, rules, regulations and guidelines enacted thereunder from time  to time (“IT Act, 2000”) with specific mention of regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive personal information) Rules, 2011, and any other national and state laws which relate the processing of data. This Privacy Policy is an electronic record in terms of the IT Act and this electronic record is generated by a computer system and does not require any physical or digital signatures. Any new features and/or services that are added to our current service at any point in the future shall also be subject to the terms set out in this Policy along with any other future relevant legislations to be incorporated as per the laws of the land. This Privacy Policy shall apply to any person who visits, browses, uses or accesses the Platform or use any Services on the Platform.

This Privacy Policy, inter alia, states: (i) the type of information collected from the Users, including personal information and sensitive personal data or information (as defined below), relating to an individual; (ii) the purpose, means and modes of collection, usage, processing, retention and destruction of such information; (iii) how and to whom We will disclose such information; and (iv) how We will protect the Users’ personal information when they access the Platform.

BY USING THIS PLATFORM OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THIS PRIVACY POLICY.

You hereby consent to our collection, use and sharing, and disclosure of your information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time. If you do not agree with this Privacy Policy at any time, do not access our Platform. If you visit the Platform on behalf of someone else (such as your child) or an entity (such as your employer), you represent that you are authorised by such individual or entity to (i) accept this Privacy Policy on such individual’s or entity’s behalf, and (ii) consent on behalf of such individual or entity to our collection, use and disclosure of such individual’s or entity’s information as described in this Privacy Policy.

COLLECTION OF PERSONAL INFORMATION

A. When you access our Platform, You may provide us with Your Personal Information, including when you register an account with us or sign up to receive announcements or other information from Us. Such information may be inclusive of but not limited to:

  1. Your personal details such as Name, Date of Birth/Age and Gender,
  2. Contact Details such as Residential Address, contact number, email address,
  3. Login ID and password,
  4. Your usage details such as time, frequency, duration and pattern of use, features used and any other information that is willingly shared by You.
  5. Financial and payment information when and if you make purchases.
  6. Your personal identification information for verification, such as educational qualification proof, proof of registration with the Nursing Council/Medical Council, etc.

B. In addition to the above, the following information is defined as “Personal Information” under the Information Technology (Reasonable Security Practices & Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”) to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.

The SPDI Rules further define “sensitive personal data or information” of a person to mean personal information about that person relating to the following: (i) passwords; (ii) financial information such as bank accounts, credit and debit card details or other payment instrument details; (iii) gender; (iv) information received by body corporate under lawful contract or otherwise; (v) visitor details as provided at the time of registration or thereafter; and (vi) call data records.

(Points (A) and (B) shall collectively referred to as “Personal Information“).

C. We may also obtain information about you from other sources and we may add and maintain such information along with the information about you obtained through the Platform.

D. To improve the responsiveness of the Platform, as you navigate through the Platform, we collect your computer operating system type, browser type, browser language, the Platforms you visited previously, pages you viewed, time spent on each page, access times and information about your use and actions on our site. Certain other information is also passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as internet protocol addresses, cookies, internet tags, and navigational data collection. Navigational data is used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. Cookies are small data files stored on your hard drive by a Platform. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience when using the Platform. This type of information is collected to make the Platform more useful to you and to tailor the experience with us to meet your interests and needs.

E. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or if Hxplain has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, Hxplain shall disregard and delete such information at its sole discretion, and may bar/restrict you from using or accessing its Platform in the future. Hxplain shall retain the right not to correct, delete or update your Personal Information, including (a) where the Personal Information is opinion data that is kept solely for evaluative purpose; and (b) the Personal Information is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.

CONSENT TO USE PERSONAL INFORMATION

By providing your Personal Information and / or accessing the site, you are consenting to the collection, storage, use and disclosure of your Personal Information by Hxplain to operate, maintain, and improve the Platform and the Services offered by it, to respond to comments and questions and to provide customer service, to send information including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages, information or updates/schedules about sessions or classes, to communicate about promotions, and other news about products and services offered by us and our selected partners, to link or combine user information with other personal information, to protect, investigate and deter against fraudulent, unauthorized, or illegal activity, or to provide the products or services that you request. 

Collection of information which has been designated as ‘sensitive personal data or information’ under the SPDI Rules requires your express consent and by affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law. As outlined in this Privacy Policy, we will not process your Personal Information without a lawful basis to do so. In general, We may process your Personal Information on the legal basis of: (i) consent (ii) contract (if you have either availed services and/or entered into an agreement with Hxplain and such processing is a necessary part thereof); (iii) compliance with Applicable Laws (as set forth below); (iv) to protect the vital interests of any individual. 

ACCESS, RETENTION AND DELETION OF PERSONAL INFORMATION

A. Hxplain will take reasonable steps to accurately record the Personal Information that you provide to Hxplain along with any subsequent updates. As a User, you have the right to access and correct your Personal Information that Hxplain holds.

B. If required by you, Hxplain will delete the Personal Information provided by you, but Hxplain may retain information about you for the purposes authorized under this Privacy Policy and for the duration as mentioned in this Privacy Policy, unless prohibited by law. Thereafter, Hxplain will either delete your Personal Information or de-identify it so that it is anonymous and not attributed to your identity. Upon deletion of your Personal Information, copies of your Personal Information may remain viewable in cached and archived pages.

C. We shall retain your Personal Information for a duration of 1 (one) year unless otherwise agreed to under an agreement between You and Hxplain or if we require the Personal Information for a longer duration in order to provide Services to You, as under a separate agreement. 

D. The data protection rights available to you include: the right to access, right to rectification, right to erasure, right to restrict processing, right to object to processing, right to data portability.

DISCLOSURE OF PERSONAL INFORMATION

You hereby explicitly consent to the disclosure of Your Personal Information collected through the Platform for the following purposes: 

A. Compliance with Applicable Laws: It may be necessary for Us to disclose your Personal Information whether by law, legal process and/or by request from judicial and/or governmental authorities within or outside of your country of residence. We may also disclose your Personal Information if we determine that disclosure is necessary or appropriate for the purposes of law enforcement, national security or to prevent, stop or report any activity which We determine as being or poses a risk of being illegal, unethical or legally actionable or in violation of applicable laws of the land. We may release your Personal Information when the same is required in order to comply with the applicable laws of the land, in response to court orders, court summons, judgments, decrees, injunctions, arbitral awards, administrative orders, governmental investigation or orders of any government authority or any other legal process, to establish/exercise Our legal rights or to defend against legal claims or in the event we reasonably believe that doing so is legally required or is in Your interest to protect Your property or other legal rights or property or of others. 

B. Third Party Service Providers: The Platform may contain links to other websites. Please note that we do not endorse any links or websites and are not responsible for the privacy practices of such third-party websites. We engage, retain or might, as per requirement and business needs of the Company, employ, engage, contract with third party service professionals/providers to work on behalf of or with Us, under agreements containing confidentiality obligations and in accordance with law, in relation to the Services provided by Us on the Platform. These third-party service providers may use Your Personal Information in assisting Us to communicate with You about Our offers, feedback of Services, assisting in payment facilities, providing customer support, assisting in advertising on the Platform etc. We may employ third party companies and/or individuals to help improve or facilitate our service, to provide the Service on our behalf, to perform platform-related services, including but not limited to: payment processing, maintenance services, fraud detection services, database management, web analytics, monitoring, delivery/logistics and evaluation services. In this event, your information may be shared with such third-party companies and/or individuals.  Please note that we do not rent, sell, disclose or share Personal Information belonging to You with other people or non-affiliated companies without Your consent, except to provide you the Services which You have requested for or otherwise as specifically provided for in this Privacy Policy.

C. Business Transfer and Mergers: We shall transfer your Personal Information in the event of a sale of business in any form, or in the event of an acquisition or merger of  the Company, and/or as required under the scheme/arrangement of merger, etc or in due course of business post the same. 

CHOICES AND CHANGES 

Our marketing emails tell you how to “opt-out.” If You opt out, we may still send You non-marketing emails. Non-marketing emails include emails about Your accounts and our business dealings with You. You may send requests about Your Personal Information to Our contact information below. You can request to change contact choices, opt-out of certain information sharing with others, and update Your Personal Information. You can typically remove and reject cookies from our site with Your browser settings. Many browsers are set to accept cookies until You change your settings. If You remove or reject our cookies, it could affect how our site works for You. You may at any time also intimate to us that You wish to have Your data erased from our servers/records. We will in such circumstance comply and within reasonable timeframes have such data removed from Our servers.

SECURITY AND CONFIDENTIALITY OF PERSONAL INFORMATION

A. Hxplain takes all necessary precautions to protect your Personal Information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures in order to prevent unauthorized access, disclosure or use of your Personal Information.  

B. Please be aware, however, that these security measures do not guarantee that your information will not be accessed, compromised, corrupted, disclosed or destroyed. Accordingly, we cannot guarantee the absolute security of any information.

C. By using the Platform, You acknowledge that You understand and agree to assume these risks. Your Personal Information may be stored on the servers provided to Us by third parties (based on separate agreements containing security related clauses in accordance with applicable laws).

D. Hxplain makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations. Hxplain shall not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Hxplain discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Hxplain believes in good faith that disclosure is reasonably necessary to protect the property or rights of Hxplain, third parties or the public at large.

E. Hxplain is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, Hxplain shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of Hxplain including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the User etc.

OUR POLICY TOWARDS CHILDREN

A. We do not knowingly collect Personal Information from children under the age of 18 (eighteen) years. If You are under 18 years, please do not attempt to register for the Services or send any Personal Information about Yourself to Hxplain, or if You are not, Your parent or legal guardian must consent to this Privacy Policy and must affirm that they accept this terms on Your behalf and bear responsibility for Your use of the Platform and/or Services. 

B. If You become aware that your child has provided us with Personal Information without parental/guardian’s consent, please contact us at [email protected]. If Hxplain learns that we have collected Personal Information from a person under the age of 18 (eighteen) years, we will delete that information as soon as it comes to our attention or the same is brought to Our attention. If You believe that a person under 18 may have provided Us with Personal Information, please contact Us at the details provided below.

DISCLAIMER

We respect the exercise of the rights You have in relation to the personal data and information that We process or use and You may also request the rectification and removal of the personal data and information or the restriction of Our processing of Your personal data and information at any point in time. Users have the right to change few settings by themselves, or request hxplain Support team to update some fields. 

You are responsible for maintaining the accuracy, truthfulness, correctness and completeness of the information You submit or provide to Us on the Platform; and You shall hold harmless and indemnify Us from and against all claims arising out of or in relation to the wrongful information posted by, or provided by You to Us, on the Platform. If Your personal information changes, You may correct, delete inaccuracies, or amend information by making the change on Your Account information page or by contacting Us on the contact information given below. 

CONTACT DETAILS

In case of any questions, queries, feedback, comments, or concerns about any of the terms of this Privacy Policy, you are requested to contact us through e-mail at [email protected].

If you have any question or complaints about the processing of your personal information, write to us at [email protected].

GRIEVANCE OFFICER

In accordance with the provisions of the IT Act, 2000, and rules made thereunder, the name and contact details of the Grievance Officer are provided below: