Privacy Policy of PhysioCarePMS

PhysioCarePMS is the author and publisher of the internet resource physiocarepms.com, the mobile application "PhysioCarePMS". The online website and the mobile application would be referred as "website" and "Application" respectively. The Platforms are owned, managed, and operated by DND SOFTWARE PRIVATE LIMITED having its registered office at The Icon, 2nd Floor Shop, Opp. Sun City, S. V. Road, Rajkot Sau Uni Area, Rajkot, Rajkot, Gujarat, India, 360005 - (hereinafter referred as "us"/ "we"/ "PhysioCarePMS"/ "Company").

This privacy policy ("Privacy Policy") explains how we collect, use, share and protect personal information about the Users of the Services, including the Physiotherapist and his team (as defined in the Terms of Use), and the visitors of Website (jointly and severally referred to as "you" or "Users" in this Privacy Policy). We created this Privacy Policy to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms of Use.

BY USING THE SERVICES 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 THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, 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 USE ANY OF THE SERVICES OR APPLICATIONS OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES 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.

  1. WHY THIS PRIVACY POLICY?

    This Privacy Policy is published in compliance with, inter alia:

    1. Section 43A of the Information Technology Act, 2000;
    2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules"); and
    3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

    This Privacy Policy states the following:

    1. The type of information collected from the Users, including sensitive personal data or information;
    2. The purpose, means and modes of usage of such information; and
    3. How and to whom PhysioCarePMS will disclose such information.

  2. COLLECTION OF PERSONAL INFORMATION

    Generally, some of the Services require us to know who you are so that we can best meet your needs. When you access the Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by PhysioCarePMS. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

    1. contact data (such as your email address and phone number);
    2. demographic data (such as your gender and your address);
    3. data regarding your usage of the services
    4. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters).

    The information collected from you by PhysioCarePMS may constitute 'personal information' or 'sensitive personal data or information' under the SPI Rules. Personal information is defined under the SPI 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 SPI Rules further define "sensitive personal data or information" of a person to mean personal information about that person relating to:

    1. passwords;
    2. financial information such as bank accounts, credit and debit card details or other payment instrument details;
    3. physical, physiological and health condition;
    4. sexual orientation;
    5. medical records and history;
    6. information received by body corporate under lawful contract or otherwise;
    7. visitor details as provided at the time of registration or thereafter.

    Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be regarded as personal information or sensitive personal data or information.

  3. PRIVACY STATEMENTS
    1. ALL USERS NOTE:

      This section applies to all Users.

      1. Accordingly, a condition of each User's use of and access to the Services is their acceptance of the Terms of Use, which also involves acceptance of the terms of this Privacy Policy. Any User that does not agree with any provisions of the same has the option to discontinue the Services provided by PhysioCarePMS immediately
      2. An indicative list of information that PhysioCarePMS may require you to provide to enable your use of the Services is provided in the Schedule annexed to this Privacy Policy.
      3. All the information provided to PhysioCarePMS by a User, including sensitive personal information, is voluntary. You understand that PhysioCarePMS may use certain information of yours, which has been designated as 'sensitive personal data or information' under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non- personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. (d) debugging customer support related issues. PhysioCarePMS also reserves the right to use information provided by or about the End-User for the following purposes:
        1. Publishing such information on the Website.
        2. Contacting End-Users for offering new products or services.
        3. Contacting End-Users for taking product and Service feedback.
        4. Analyzing software usage patterns for improving product design and utility.

          5. You hereby consent to such use of such information by PhysioCarePMS.

      4. Collection of information which has been designated as 'sensitive personal data or information' under the SPI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such collection as required under applicable law. Our Services may be unavailable to you in the event such consent through an email is not given.
      5. PhysioCarePMS does not control or endorse the content, messages or information found in any Services and, therefore, PhysioCarePMS specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against PhysioCarePMS relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against PhysioCarePMS relating to same.
      6. You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through info@physiocarepms.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or PhysioCarePMS has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, PhysioCarePMS may, at its sole discretion, discontinue the provision of the Services to you.
      7. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through info@physiocarepms.com. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes.
      8. If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at info@physiocarepms.com.
      9. PhysioCarePMS may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. PhysioCarePMS may collect such User's credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User's credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
      10. Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, PhysioCarePMS automatically receives the URL of the site from which anyone visits. PhysioCarePMS also receives the Internet Protocol (IP) address of each User's computer (or the proxy server a User used to access the World Wide Web), User's computer operating system and type of web browser the User is using, email patterns, as well as the name of User's ISP. This information is used to analyze overall trends to help PhysioCarePMS improve its Service. The linkage between User's IP address and User's personally identifiable information is not shared with third parties. Notwithstanding the above, PhysioCarePMS may share some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
      11. The Website may use temporary cookies to store certain data (that is not sensitive personal data or information) that is used by PhysioCarePMS and its service providers for the technical administration of the Website, research and development, and for User administration.
      12. In order to have access to the features and benefits on our website and mobile application, a User must first create an account on our website. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including PhysioCarePMS, to identify the User: name, email address, phone number, date of birth, gender, password chosen by the User and valid financial account information. PhysioCarePMS may, in future, include other optional requests for information from the User to help PhysioCarePMS customize the Website to deliver personalized information to the User. However, PhysioCarePMS assumes your consent in relation to various matters, once you complete the registration process.
      13. This Privacy Policy applies to Services that are owned and operated by PhysioCarePMS. PhysioCarePMS does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users' computer, collect data or solicit personal information from the Users, for which PhysioCarePMS is not responsible or liable. Accordingly, PhysioCarePMS does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does PhysioCarePMS guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by PhysioCarePMS of the website, the website's provider, or the information on the website. If you decide to visit a third-party website linked to the Website, you do this entirely at your own risk. PhysioCarePMS encourages the User to read the privacy policies of that website.
      14. The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized PhysioCarePMS representatives or agents, and their opinions or statements do not necessarily reflect those of PhysioCarePMS, and they are not authorized to bind PhysioCarePMS to any contract. PhysioCarePMS hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
      15. PhysioCarePMS does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each End User must agree to under the terms of use in order for PhysioCarePMS to effectively render the Services).
      16. PhysioCarePMS has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User's electronic devices through which the User avails the Services, PhysioCarePMS shall not be held liable for any loss whatsoever incurred by the User.
      17. PhysioCarePMS takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your personal information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when PhysioCarePMS, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
    2. PHYSIOTHERAPY PRACTITIONERS NOTE:

      This section applies to all Practitioners.

      1. As part of the registration as well as the application creation and submission process that is available to Practitioners on PhysioCarePMS, certain information, including sensitive personal data or information is collected from the Practitioners.
      2. All the statements in this Privacy Policy apply to all Practitioners, and all Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to PhysioCarePMS, failing which they are required to leave the Services, including the Website and mobile application immediately.
      3. Practitioners' personally identifiable information, which they choose to provide to PhysioCarePMS, is used to help the Practitioners describe and identify themselves. This information is exclusively owned by PhysioCarePMS. PhysioCarePMS also reserves the right to use information provided by or about the Practitioner for the following purposes:
        1. Publishing such information on the Website and Mobile Application.
        2. Contacting Practitioners for offering new products or services.
        3. Contacting Practitioners for taking product feedback.
        4. Analyzing software usage patterns for improving product design and utility.
        5. The Practitioner information listed on Website and Mobile is displayed when End-Users search for practitioners on Website, and the Practitioner information listed on Website and Mobile Application is used by End-Users to request for appointments. Any personally identifiable information of the Practitioners listed on the Website is not generated by PhysioCarePMS and is provided to PhysioCarePMS by Practitioners who wish to enlist themselves on the Website, or is collected by PhysioCarePMS from the public domain. PhysioCarePMS displays such information on its website on an as-is basis making no representation or warranty on the accuracy or completeness of the information. PhysioCarePMS will, however, take reasonable steps to ensure the accuracy and completeness of this information.
      4. Third-party Services

        The Service may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is supplied directly to the operators of those services and is subject to the policies, if any, governing privacy and security set by those operators, even if accessed through the Service. We are not accountable for the content, privacy, and security practices and policies of third-party sites or services to which links or access are provided through the Service. We recommend that you familiarize yourself with the privacy and security policies of third parties before sharing your information with them.

        We are using messaging services of MSG91.com please do not opt for appointment confirmation sms if you are not agree with https://msg91.com/privacy-policy

    3. CASUAL VISITORS NOTE:
      1. No sensitive personal data or information is automatically collected by PhysioCarePMS from any casual visitors of this website, who are merely perusing the site.
      2. Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this website immediately.
      3. If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by PhysioCarePMS.
      4. You are not a casual visitor if you have willingly submitted any personal data or information to PhysioCarePMS through any means, including email, post or through the registration process on the Website or Mobile Application. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

  4. CONFIDENTIALITY AND SECURITY

    1. Your Personal Information is maintained by PhysioCarePMS in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. PhysioCarePMS takes all necessary precautions to protect your personal information both online and offline, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of PhysioCarePMS's business.
    2. No administrator at PhysioCarePMS will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website and Mobile Application when finished. PhysioCarePMS does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify PhysioCarePMS by sending an email to info@physiocarepms.com. You shall be liable to indemnify PhysioCarePMS due to any loss suffered by it due to such unauthorized use of your account and password.
    3. PhysioCarePMS makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
    4. Part of the functionality of PhysioCarePMS is assisting the practitioners to maintain and organise such information. PhysioCarePMS may, therefore, retain and submit all such records to the appropriate authorities, or to practitioners who request access to such information.
    5. Notwithstanding the above, PhysioCarePMS 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, PhysioCarePMS 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 PhysioCarePMS including, 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.

  5. CHANGE TO PRIVACY POLICY

    PhysioCarePMS may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way PhysioCarePMS treats User's personally identifiable information, or in the Privacy Policy itself, PhysioCarePMS will display a notice on the Website or Mobile Application or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact info@physiocarepms.com to deactivate your account. Unless stated otherwise, PhysioCarePMS's current Privacy Policy applies to all information that PhysioCarePMS has about You and Your account.

    If a User uses the Services or accesses the Website or Mobile Application after a notice of changes has been sent to such User or published, such User hereby provides his/her/its consent to the changed terms.

  6. CHILDREN'S AND MINOR'S PRIVACY

    PhysioCarePMS strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the PhysioCarePMS Website and Services are not intended for use directly by minors, PhysioCarePMS respects the privacy of minors who may inadvertently use the internet or the mobile application.

  7. CONSENT TO THIS POLICY

    You acknowledge that this Privacy Policy is a part of the Terms of Use of the Website and the other Services, and you unconditionally agree that becoming a User of the Website and its Services signifies your assent to this Privacy Policy. Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.

  8. ADDRESS FOR PRIVACY QUESTIONS

    Should you have questions about this Privacy Policy or PhysioCarePMS's information collection, use and disclosure practices, you may contact us at the address: info@physiocarepms.com. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. Schedule

    1. Admin Users using the Website by registering for an account on the Website or 'PhysioCarePMS' mobile application:

      You can create an account by giving us information regarding your [name, mobile number, email address, password, date of birth, gender, hospital/cilnic information], and such other information as requested on the Admin registration page https://portal.physiocarepms.com/signup. PhysioCarePMS may send email and/or SMS user validation. This is to enable us to provide you with the facility to use the account store health related information.

  9. CHANGES TO THIS PRIVACY POLICY

    We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

This Privacy notice was last updated on December 1, 2023 and is deemed effective as of this date.