Privacy Policy

THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW INDUS HEALTH PLUS PRIVATE LIMITED uses and protects YOUR personal information when YOU AVAIL THE SERVICES PROVIDED BY INDUS HEALTH PLUS PRIVATE LIMITED. PLEASE READ THIS PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY NOT AVAIL THE SERVICES.

1. INTRODUCTION

   We, Indus Health Plus Pvt. Ltd. (“Indus”; “we”; “us”; “our”) provide genetic testing and preventive health checkup services, in affiliation with our partners (“Services”) to individuals who approach us (“User”, “you”, “your”) for such Services. For the Services, the User shall be required to provide a saliva sample (“Sample”), as per instructions contained in the Saliva Collection Kit (the “Kit”) provided by Indus or adhere to instructions and terms and conditions governed by preventive health checkup packages. For the User’s convenience, we also provide these instructions through a separate call.

   For the provisions of the Services, Indus shall have access to certain confidential and sensitive personal information provided by the User. The User shall remain the owner of such personal information and Indus shall be the custodian of such personal information.

   We are committed to protect such Personal Information (defined below) and have made this Privacy Policy to describe the procedures we adhere to for collecting, using, and disclosing the Personal Information. We recommend you to read this Privacy Policy carefully so that you understand our approach towards the use of Personal Information.

2. PERSONAL INFORMATION COLLECTED

   For availing the Services, the User shall be required to share certain Personal Information with us. For the purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s name, address, telephone number, e-mail address, age, date of birth, sensitive personal information in relation to the User’s health, medical history/information, biological material and samples containing genetic information (such as saliva samples and blood samples in few cases), , and similar other information that Indus may have access to in the course of providing the Services.

   The User undertakes that the User shall be solely responsible for the authenticity of the Personal Information shared with us. In the event the User is sharing any Personal Information on behalf of a third person, the User represents and warrants that he/she has the necessary authority to share such Personal Information with Indus and Indus shall not be responsible for verifying the same.

3. USE OF PERSONAL INFORMATION

   We shall use the Personal Information in the following cases:

   1. to provide the User with the Services.
   2. for creation or development of business intelligence or data analytics in relation to the Services provided by Indus
   3. for internal record keeping.
   4. to comply with our legal or statutory obligations.

   The Personal Information may further be used by Indus or entities permitted by Indus, for purposes including but not limited to further analysis and recommending tests in the future, for quality control purposes or to conduct research, studies or clinical trials and may also be published in journals and presented in conferences and seminars without revealing the Individual’s identity and maintaining confidentiality.

4. DE-IDENTIFIED/ANONYMIZED DATA

   Before the Samples provided by you are sent to our partner laboratories, we make sure it is de-identified or anonymized i.e. we ensure that such anonymized data does not directly identify you or any specific person.

   We may also use the Personal Information collected, to create aggregate anonymized or de-identified data. We shall own this anonymized and de-identified data. We may use this anonymized data for any purpose including but not limited to research, analytics, and to improve our Services. By availing our Services, you provide us the right to use your Personal Information to create anonymized data and use it for our business purposes.

5. DISCLOSURES

   Other than as described herein, we do not sell, rent, share, distribute, lease or otherwise provide the User’s Personal Information to third parties, without the User’s prior consent. We may disclose the User’s Personal Information in the following cases:

   • Administrators: We may provide access to the User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.

   • Affiliates: We may provide the Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to the User’s requests for information or the Services.

   • Third parties: We may provide the Personal Information to entities engaged in conducting research or public/private entities for the purposes including but not limited to research, clinical trials and studies. However, such entities are subject to confidentiality restrictions consistent with this Privacy Policy.

   • Service Providers: We may share the User’s Personal Information to the service providers, who are working with us in connection with providing the Services, so long as such service providers are subject to confidentiality restrictions consistent with this Privacy Policy. Our partner laboratories shall only be provided with the Samples along with the barcode. Your Personal Information shall not be shared with our partner laboratories.

   • Merger or Acquisition:We may transfer the User’s Personal Information if we are acquired by/we acquire or merge with another entity or transfer a part of our business, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use the User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.

      

   • Legal and Regulatory Authorities: We may be required to disclose the User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose the User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose the User’s Personal Information to (a) law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us; (c) to enforce or apply this Privacy Policy or our other policies or agreements; (d) respond to claims that any Personal Information violates the rights of third-parties; (g) or protect the rights, property, or personal safety of Indus, or the general public. The User agree and acknowledge that we may not inform the User prior to or after disclosures made according to this section.

   Notwithstanding anything mentioned hereinabove, Indus shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal Information is shared, nor shall Indus be responsible and/or liable for any additional information the User may chooses to provide directly to any third party.

6. DATA RETENTION

   We will retain the User’s Personal Information until the user requests in writing for its destruction, however we may continue to retain the de-identified data as long as it is required to be retained for our business purposes. We may also retain and use the User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Subject to this section, we will try to delete/destroy the User’s Personal Information upon reasonable written request for the same. Please note, however, that (i) this shall not entitle a User to any refund of fees paid, (ii) that there might be latency in deleting Personal Information from our servers and (iii) backed-up versions might exist even after deletion.

7. SECURITY

   TThe User’s Personal Information in digital format is stored on our database which are located at servers hosted by Indus directly or through third party or on cloud. The Samples shall be banked with our lab partners in de-identified form. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we take no liabilities or responsibilities for it. The Users are required to be careful to avoid “phishing” scams, where someone may send the User an e-mail that looks like it is from Indus asking for the User’s personal information.

   We take measures against the theft and destruction of the Samples that you provide to us however, we cannot ensure the safety of the same.

8. LIMITATION OF LIABILITY

   The User expressly understands and agrees that Indus shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, information, details or other intangible losses (even if Indus has been advised of the possibility of such damages), arising out of this Privacy Policy.

9. GOVERNING LAWS AND DISPUTES

   This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between the Users and Indus shall be submitted to the arbitration to be conducted in Pune, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by Indus and the award made in pursuance thereof shall be binding on the Users and Indus. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Pune, India shall have an exclusive jurisdiction over such disputes.

10. GOVERNING STATUTE

    This Privacy Policy is governed by and is compliant with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect any Personal Information provided by you; and other applicable rules and regulations related to privacy.

11. CHANGES TO THIS POLICY

    We may update this Privacy Policy without notice to the User. The Users are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it.

    This Privacy Policy was last modified on August 2018.

12. CONTACT US

    Indus understands that the Individual is entitled to receive sufficient information about what is proposed to be done, reliability of the Test, and what will be done with the collected Samples. Please contact Indus at info@indushealthplus.com or 9545622222 for any queries in relation to the Tests. Please note that we shall be recording all calls and maintaining records of all emails for our internal purposes.