Privacy Policy - DRiefcase

DRiefcase Health-Tech Private Limited (“Company”) primarily offers health locker services, providing online, easy-to-use access to personal health records enabling individuals to maintain their medical records and other important document in one secure location and instantly access them anytime, anywhere or share such access with third parties.

The Company offers its website and/or mobile application, including all information, software, products and services directly linked to and available from its website and/or mobile application or offered as part of or in conjunction with its website and/or mobile application through “DRiefcase” to You conditioned upon your acceptance of all terms, conditions, policies and notices published on DRiefcase.

This Privacy Policy (“this Policy”) is in addition to the Terms and Conditions of Use and other policies published by the Company and updated from time-to-time. All capitalized terms, unless defined specifically herein, will have the same meaning as set out in the Terms and Conditions of Use. If there is an inconsistency between this Policy and the Terms and Conditions of Use, the Terms and Conditions of Use will prevail.

Your continued use of DRiefcase constitutes your agreement to all such terms, conditions and notices, and any changes to this Policy made by the Company. If You are unwilling to be bound by this Policy, please do not access DRiefcase and/or use the Company’s Services.

Eligibility

By using DRiefcase and/or the Services, You represent and warrant that you have the requisite right, authority, and capacity to enter into this Policy and to abide by all of the terms and conditions set forth herein. You further represent and warrant to Company that you will use DRiefcase in accordance with and consistent with any and all applicable laws and regulations.
You must be an Indian citizen, 18 years or older, or the legal age to form a binding contract in the jurisdiction of your residence to become a Customer and to use DRiefcase’s Services.
In the event, You are using the Services for:

a child (person below the age of 18 years), a person with a disability, or a person of unsound mind, You represent and warrant that you are the Parent or Guardian of such person, as the case maybe, and have the requisite right, authority, and capacity to enter into this Policy and to abide by all of the terms and conditions set forth herein on their behalf.
a person who is seriously ill in response to a medical emergency or incapacitated on account of a medical condition, you represent and warrant that you have the requisite Consent, right, authority, and capacity to enter into this Policy and to abide by all of the terms and conditions set forth herein on their behalf.

Provided that in the event that a person without legal, mental or physical capacity on whose behalf an Account has been created subsequently gains such capacity as recognised under applicable law, the Company shall require their express Consent to continue use of the Services.

The Company reserves the right to ask a Master Customer for a proof of Consent and/or relationship with a Junior Customer, including by way uploading documentation for the purposes of verification.
Membership or use of DRiefcase is void where prohibited by applicable law, and the right to access DRiefcase will be deemed to be automatically revoked in such jurisdictions.
You understand and declare that you have all requisite rights and permissions as per the prevailing Indian laws to possess, share and disseminate Records on DRiefcase.
You understand and acknowledge that Records must be kept accurate and complete and that you are solely responsible for the accuracy, integrity and completeness of your Records.

Processing

The Customer understands that the Company will Process her Records to offer the following Services:

a secure online platform for the Customer to upload, store and share Records, and search, retrieve and share such uploaded Records;
the facility of sharing their Records through their registered email address or mobile number and allowing them to be uploaded for use as specified in Section IV.2.a;
the optional facility to track their vital health parameters, set reminders and make brief notes based on their Records and Health Parameter Records;
the optional facility to contact Company personnel or specified third-party service providers to pick up a Customer’s Records to a well-defined physical location to be uploaded by the Company personnel or the specified third-party service providers for use as specified in Section IV.2.a;
the optional facility to contact Company personnel or specified third-party service providers to scan a Customer’s Records at a well-defined physical location to be uploaded by Company personnel or the specified third party service providers for use as specified in Section IV.2.a;
the optional facility to contact Company personnel or specified third-party service providers to download specified Records on to a device, including but not limited to a CD or a flash drive, and to request that such device be sent to a well-defined physical location;
the optional facility to courier documents to a well-defined specified physical address to Company personnel or specified third-party service providers to scan and upload such documents and create Records on DRiefcase on behalf of the Customer for use as specified in Section IV.2.a.
the optional facility to connect an ABHA user’s health records with all the medical institutions connected with the ABDM.
the optional facility to share Customer’s Records under the ABDM framework based on the Customer’s Consent.
the optional facility to provide the Customer’s demographic details with all medical institutions connected with the ABDM.
any optional facility that may be offered from time to time by the National Health Authority and integrated with DRiefcase.

The Customer is required to carry a valid government photo-identification document or authorization document, where applicable, if it is availing any Services which requires a physical interaction with the Company personnel to verify the identity of the Customer, and must be willing to supply an electronic or physical copy of such valid government photo-identification document if requested for the limited purposes of record-keeping and verification by the Company.
In addition to availing the Company’s Services, You understand and specifically Consent to Processing for the following purposes:

Use of cookies and similar technologies on DRiefcase for several purposes, which may include storing your preferences and settings, including those that enable DRiefcase to operate correctly, your credentials and time of sign in (in an encrypted cookie on your device), security to detect fraud and abuse of DRiefcase and displaying offers and advertisements based on your interests, preferences and Records.
The Company irreversibly, anonymizing data and/or electronic records created and collected during your use of DRiefcase, either individually or in bulk, and that such anonymized data may be provided by the Company to contracted third parties for further use, including for analysis, monetization, training and modelling.

Remedies with DRiefcase

Users/Customers understand and agree that the Company has the requisite authority to access and review any content on DRiefcase, if necessary, including Records and Health Parameter Records for the purposes specified in this Policy as well as to determine whether Users/Customers are adhering to the Policy.
The Company has the right to determine in its sole discretion if the User or Customer has violated any terms of this Policy and shall additionally be entitled to investigate occurrences which involve any violations and may take appropriate legal action, involve and cooperate with law enforcement authorities, and comply with orders of competent courts in prosecuting Users/Customers who are involved in such violations.

Registration Form

Depending on the option chosen by the User to register as a Customer in the Registration Form, the Company may collect the following basic details for the Services and functioning of DRiefcase:

full name,
date of birth,
sex,
email address or phone number,
address, city and postal code,
Aadhar number,
ABHA number and address

It is the sole responsibility of the Customer to keep these basic details updated, complete and accurate on DRiefcase. The Customer must rectify any inaccurate or misleading data, complete any incomplete data and update any outdated data through DRiefcase.

As a part of the Registration Form, the Customer may designate a nominee who shall be authorized to access Services in the event the Customer is impaired, incapacitated or is otherwise unable to provide access during a crisis. In the event of a Customer’s death or permanent incapacity, the nominee will have the right to delete the Account or the Customer’s Records or the Customer’s Health Parameter Records, and/or write to the Company to request deletion of the same. The Company reserves the right, at its sole discretion, to ask for a valid government photo identification document and other documents the Company may deem necessary to verify the nominee’s identity and authority prior to acting on any such request.
The Registration Form is complete after the User agrees to be bound by this Policy, among other policies.
DRiefcase may provide the facility of “masking” which allows Customers to hide or keep confidential or not to fill any information except the information which are considered mandatory by Company and which will indicated by asterisks (“*”).
The Company further reserves the right to seek further information if in its sole view such information is necessary for the provision of Services or completeness of its records or mandated by any applicable laws or regulations or if required for the Services even after the Registration Form.
The Company may in its sole discretion, suspend or delete the Account or the Records or Health Parameter Records of the Customer, if any information provided is found to be false, incomplete or insufficient.
Accounts which are dormant for a period of two years may be deleted at the sole discretion of the Company.

Payment of Fee

It is understood and agreed by the User/Customer that DRiefcase is not responsible or liable for malfunctioning or defect in any payment procedure. The use of payment facilities/gateways or methods are governed by separate policies and Terms and Conditions of Use of the respective facility/gateway and Users/Customers are deemed to have read and understood such policies and terms before the payment of any Fee.

Modification of Agreement (including the Terms and Conditions of Use) DRiefcase, the Fees and the Services

You understand and agree that this Policy can be modified by Company at its sole discretion, at any time without prior notice, and such modifications will be published on DRiefcase and be effective upon such new terms and conditions coming into force and/or upon implementation of the new changes on DRiefcase and/or its Services. The Company shall endeavour to provide such notice for a reasonable period of time where feasible.
Unless expressly stated otherwise, any new features, new services, enhancements or modifications to DRiefcase or its Services implemented after your initial access of DRiefcase or use of the Services shall be subject to this Agreement (including the present Terms and Conditions of Use).

Term and Termination

This Policy, with modifications as applicable, shall remain in full force and effect during the use of DRiefcase for all Users/Customers.
DRiefcase may terminate this Policy and delete the Account with immediate effect, without prior notice and without assigning any reason/s whatsoever and without any prejudice to any/all other rights in the following events:

where the Account remains unused for a period of 2 years or more; or
if in the opinion of DRiefcase, the User/Customer has breached any of the terms and conditions of this Agreement or/and the Terms and Conditions of Use, or any applicable laws, rules or regulations; or
if, in the opinion of DRiefcase or/and any regulatory authority, it is not in the public interest to continue providing the use or Services to the User/Customer for any reason.

The Customer may delete her Account by writing to the Company at care@driefcase.com with the subject line “ACCOUNT DELETION”. The Customer will have the option to download her Records and Health Parameter Records from DRiefcase before the deletion of her Account.
A Junior Customer may additionally seek deletion of Records through DRiefcase or by writing to the Company at care@driefcase.com with the subject line “ACCOUNT DELETION – DEPENDENT ACCOUNT”, depending on the facilities provided by the Company. The Company reserves the right to ask for a valid government photo identification document and any other requisite documents to verify and confirm the identity of the Junior Customer. The Junior Customer will have to right to request for a copy of her Records prior to deletion of Records.

Ownership

Records and Health Parameter Records are owned exclusively by the Customer. To the limited extent of being able to effectively provide its Services, Company has the license to store such Records and Health Parameter Records on DRiefcase in accordance with acceptable security practices and share such Records with the permission of the Customer.
You understand and agree, as applicable to the context, that you shall not use DRiefcase to reproduce, publish, modify, display, upload, transmit, distribute, store, share or destroy material, including without limitation which belongs to another person and to which You do not have any right except as provided under this Policy.

Disclaimer and Limitation of Liability

DRiefcase is provided by Company on an “as is” and “as available” basis.
To the fullest extent permissible by applicable law, the Company disclaims all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Company and/or its licensors and/or its licenses and/or its affiliates further do not warrant the accuracy or completeness of the content, data, information, text, graphics, links or other items contained within DRiefcase and/or associated with its Services. The Company is not responsible for the conduct of any User or Customer. The Company does not warrant or covenant that the Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Services and access to DRiefcase is free of viruses or other potentially harmful components. Any material or content downloaded or otherwise obtained through the use of the Services or DRiefcase is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or content. No advice or information, whether oral or written, obtained by any User/Customer from the Company, DRiefcase or through or from its Services, or through any information, content, materials, or products on DRiefcase shall create any warranty not expressly stated herein.
DRiefcase has a periodically updated blog and may further introduce several fora for Customers and Users with similar interests or questions who can share information and support one another. Any information, including but not limited to confidential information, Records and sensitive information, shared by a User or Customer on any online community area is solely at their risk, may show up in third-party searches, and is not private. If such information has been inadvertently posted on such blogs or public fora on DRiefcase, and a User or Customer would like it removed, write to us care@driefcase.com. Please note that there may be some limited circumstances under which Company may not be able to remove your information.
The Company maintains its website and all privacy and security procedures and protocols in accordance with applicable laws, rules, regulations and standards. In no event, shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s /Customers’ transmissions or data or information including Records; (c) any other matter relating to the Services including, without limitation, damages for any loss whatsoever arising out of or in any way connected with the use or performance of DRiefcase and/or its Services.

These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable laws.

Disclaimer – Partner Listings

The Company routinely lists independent third-party Partners on DRiefcase. The Company is not, in any manner, be responsible or liable for the products or services offered by its Partners. Any grievances, disputes, or issues relating to a Partner’s products or services shall be solely the responsibility of the respective Partner. The Company disclaims any responsibility or liability for the protection, security, or privacy of your data or information shared with or collected by Partners. Engaging with or availing of any Partner's products or services is done entirely at the User’s/Customer’s own risk. You acknowledge and agree that such products and services shall be governed exclusively by separate agreements, terms, and conditions between you and the respective Partner. Partners are solely responsible for ensuring compliance with all applicable law, and the Company bears no responsibility or liability for any failure by a Partner to comply with such law.

Indemnity

You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any and all claims, liabilities, damages, losses and expenses, including costs and attorneys’ fees, relating to arising out of (i) your access to DRiefcase, (ii) your use of the Services, (iii) the violation of this Policy by You, (iv) any infringement by You, or any third party using your account or User ID or password, of any right of any person or entity or (v) your violation of any law or rights of any third party. At the sole discretion of the Company, You further agree to participate in in and defend the Company in any proceedings, actions, investigations of any kind whatsoever in relation to your access and use of DRiefcase and its Services.

Miscellaneous

Governing law and Dispute Resolution: This Agreement and Terms and Conditions of Use shall be governed by and constructed in accordance with the laws of India (“applicable law”) and all disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai, India.
Assignability: The Company may assign any of its responsibilities/obligations to any other Person without notice to the User/Customer, at its sole discretion. However, the User/Customer cannot assign, sub-licence or otherwise transfer any rights under this Policy to any other party, unless a written Consent is placed on record from the User/Customer which is placed on file with and approved by from the Company.
Severability: If any provision of this Policy is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect.
Waiver: Failure by the Company to exercise any right or remedy under this Policy does not constitute a waiver of that right or remedy.
Force Majeure: The Company is not liable for failure to perform any of its obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, government mandated lockdown, blockage, embargo, labour dispute, strike, bandh, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Survival: Notwithstanding termination of this Agreement or deletion of the Account under Section VII (Term and Termination), You understand and agree that Sections II.3(b) (consent to use of irreversible anonymized data), VIII (Ownership), IX (Disclaimer and Limitation of Liability), XII (Miscellaneous) shall survive and remain in full force and effect.
Grievance Redressal: The Company’s Grievance Officer can be contacted for resolution of any complaint under applicable law. All communications must be marked with the subject line “URGENT – Grievance Redressal” to:

Ms. Kanan Shah

Email: care@driefcase.com

Communication with and by User/Customers

When You visit DRiefcase or use it to send emails/text messages including through text messaging services or provide information or communicate to us either via email/text messages including text messaging services/calls, You understand that You are creating electronic records which the Company may keep a record of and access if required for its Services or if required to be disclosed in accordance with applicable law.
You expressly Consent to receive communications from the Company periodically or as and when required, including in relation to verification, updates, Services or promotion of new Services.
All queries, complaints, suggestions or comments can be sent to the Company at care@driefcase.com.