This Privacy Policy (“Privacy Policy”) describes what information AVMLabs (“AVMLabs/Company/We/Us/Our”), as the owner and operator of the Platform, may collect from a user (“You”, “Your” or “User”), on or through Our website https://www.avmlabs.com(the “Site”) or one or more mobile application (the “App”), directly or in relation to services otherwise rendered by Us (collectively “Platform”), including Our facilitation through the Platform, for collection of Your blood, urine, swab, serum or any other samples from the Users for the purpose of performing diagnostic tests (“Samples”) as requisitioned by such Users, consultation with registered medical practitioners or facilitation of consultation with registered medical practitioners by third-parties (“Medical Practitioners”) and the facilitation of services by third parties which may include delivery of Samples to Our diagnostic processing laboratories, and such other services as ordered by You through the App or the Site, including scheduling of diagnostic tests (each a “Service”, and collectively the “Services”) and how We use, process, disclose and try to protect such information.
You agree and understand that the Company is responsible for operation and maintenance of the Platform and all information collected and processed on the Platform is collected and processed by Us strictly in relation to Our business.
By clicking on 'Submit' or 'Login' during the sign-up process, by using Our Platform, or by using the Services, You confirm that You have read, understood, and agree with the privacy practices described in this Privacy Policy, and the Terms of Use (the“Terms”) and the collection, storage and processing of Your information in accordance with them.
This Privacy Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this Privacy Policy have the meaning given to them in the Terms. This Privacy Policy is published in compliance with, inter alia:Section 43A of the Information Technology Act, 2000 (“IT Act”); Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and Regulation 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Guidelines”).
When You access the Site or the App or use the Service(s), You may provide, or We may collect information that may specifically identify You or any other individual. Given below are the types of information that We may collect:
The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. You agree that You are providing all information, including SPDI to Us voluntarily. Collection, use and disclosure of personal information and SPDI requires Your express consent.
You are providing Us with Your consent for Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information or SPDI, but in the event that You do so, We will be unable to provide You access to Our App or the Site or provide Services through Our Platform.
We use information: We collect, in a variety of ways in order to provide the Services on the App and the Site and to operate Our business, including the following:
We may access or store Your information if it is necessary to detect, prevent or address fraud and other illegal activity or to protect the safety, property or rights of the Platform or others.
We may use information regarding Your location or the location of Your device through which You access the Service for a number of purposes, including without limitation to confirm You are located in a jurisdiction in which the Service is offered and to identify an appropriate Phlebotomist and/or Medical Practitioner.
We may collect, analyze, use, publish, create and sell de-identified information, of which Your personal or sensitive personal information might be a component, for any business or other purpose not prohibited by applicable law, including for research and marketing purposes. (collectively “Purposes”).
Information about You and the other Users of the Platform forms an integral part of Our business. We only share the personal information as described below after ensuring that such third party has implemented measures to assure data protection measures and that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By using the Site or the App, You accept the terms hereof and hereby consent to the storage and processing of the personal information and SPDI by third parties. We, have arrangements with third parties (including as mentioned below) such as affiliates or group companies, service providers, retailers, retail pharmacies, payment gateways, logistics partners who are the intended recipients and may have access to the personal information and SPDI but shall not disclose such information including SPDI further to any other individual / entity. Some of the third parties include:
Collection Centres: Some of Your personal information or SPDI will be shared with affiliated collection centres (click here for updated list of our authorized service providers and collection points). Such collection centres collect Your samples for diagnostic tests to enable Us to process the requisitioned diagnostic tests for You. These collection centres operate on the Platform or sell diagnostic tests to You through their customized outlets and/ or on the Site or the App. You can identify when a third party is involved in Your transactions, and We share customer information related to those transactions with that third party;
Third Party Service Providers: Some of Your personal information or SPDI may be shared with third party service providers, such as diagnostic service providers (including but not limited to labs, collection agents etc.) for the diagnostic tests not performed by Us directly and outsourced by Us, Phlebotomists, and logistics providers for the fulfilment of Services. Examples include fulfilling orders, facilitating and conducting diagnostic tests, including sample collection and processing, sending postal mail, newsletters and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, consultation with Medical Practitioners, providing search results and links (including paid listings and links), processing card payments and providing customer service. They have access to personal information needed to perform their functions including but not limited to performing quality checks on Your tests, for teaching purposes, or for developing normal reference ranges for the diagnostic tests performed. The tools used by such third party service providers to provide the Services, may also collect Your personal information or SPDI during the process of providing such Services. Further, they must process the personal information in accordance with this Privacy Policy and as permitted by applicable law. It is clarified that We will not be responsible and liable for the acts or omissions and commissions of such third parties associated with Us. However, We may facilitate resolving any issue You may face with such third parties;
Our Legal obligations: We may release account and other personal information when We believe in good faith that such release is appropriate to comply with applicable law including to:
Sharing upon merger or amalgamation or intra-group transfer:Any third party to which We transfer or sell Our assets, merge or consolidate with, will have the right to continue to use the information (including SPDI) provided to Us by You, in accordance with the Terms and this Privacy Policy. We may disclose information to Our partners, affiliates, subsidiaries, group entities, investors, stakeholders or potential associates in an anonymized and aggregate manner, so that they too may understand how Users use Our Site or App and enable Us to create a better overall experience for You; and
Improving Our business: You acknowledge that We have a right to use a recorded copy of Your telephonic conversation, and e-prescription with Your Medical Practitioner, and Your diagnostic test reports for improving Our Services, marketing and promotional efforts, customize Your experience and aiding You in procuring targeted consultation for any underlying medical condition. These uses improve the Site, the App, and the Services, and better tailor it to meet Your needs, so as to provide You with an efficient, safe and customized experience. We may transfer such personal Information and SPDI to a third party, including persons outside India, to improve Service offerings while taking commercially reasonable steps to try and ensure, that the recipient adheres to the applicable laws for ensuring data protection as is adhered by Us.
Subject to applicable law, We may at Our sole discretion, transfer personal information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by Us under the terms hereof, located in India or any other country. By using the Site and the App, You accept the terms hereof and hereby consent to Us, sharing with and/or processing of Your personal information and SPDI by third parties, including in any location outside India, provided that they ensure that Your SPDI is protected in compliance with standards that are comparable to the standards of protection afforded to it in India or equivalent international standards.
We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including SPDI). Our security procedures may warrant that We may occasionally request proof of identity before We disclose personal information to You.
We work to protect the security of Your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input in addition to maintaining security of Your information as per the international standards on "Information Technology Security Techniques Information Security Management SystemRequirements".
We restrict access to personal information, to Our employees and agents who need to know that information in order to process it for Us, and who are subject to strict contractual confidentiality obligations, and may be disciplined or whose relationship with Us may terminate if they fail to meet these obligations.
No employee or administrator will have knowledge of Your password of Your account on the Site or the App. It is important for You to protect Your account against unauthorized access to Your password and Your mobile phone, as detailed in the ‘User Account, Password and Security’ section of the Terms. You must be sure to log off from the Site or the App when You have finished use thereof. We do 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 Us by sending an email to the contact details indicated in the contact section. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account or password.
Under certain circumstances, We shall not be able to take Your prior consent before disclosing Your information in case the information is demanded by government agencies or otherwise mandated under law to obtain SPDI, or during investigation of cyber incidents, prosecution of offenses etc.
Further, We shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Our reasonable control 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.
The Platform gives You access to a broad range of information about Your account and Your interactions with the Platform for the limited purpose of viewing and, in certain cases, modifying, deleting information provided on the App or the Site. You may rectify any inaccurate or deficient personal information or SPDI, as feasible. You have the option to opt-out of optional services such as receiving promotional materials etc. and should You desire to opt-in to such services at the time of signing up You can choose do so.
Use of the Site or the App is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are under 18 years of age, then please do not use or access the Service(s) at any time or in any manner. If We learn that a person under 18 years of age has used or accessed the Platform or Service or any personally identifiable information has been collected on the Platform from persons under 18 years of age, then We will take the appropriate steps to delete this information. If You are a parent or guardian and discover that Your child under 18 years of age has obtained an account on or otherwise accessed the Service, then You may alert Us at info@avmlabs.com and request that We delete that child’s personally identifiable information from Our systems.
The Site or the App may include hyperlinks to various external websites, and may also include advertisements, and hyperlinks to applications, content or resources ( “Third Party Links”). We have no control over such Third-Party Links present on the Site or the App, which are provided by persons or companies other than Us. You acknowledge and agree that We are not responsible for any collection or disclosure of Your information by any external sites, applications, companies, or persons thereof. The presence of any Third-Party Links on Our Site or App, cannot be construed as a recommendation, endorsement or solicitation for the same, or any other material on or available via such Third-Party Links.
You further acknowledge and agree that We are not liable for any loss or damage which may be incurred by You as a result of the collection and/or disclosure of Your information via Third Party Links, as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, services, or other materials on, or available via such Third Party Links. This will include all transactions, and information transmitted therein, between You and any such third-party sites or applications or resources, such transactions are strictly bi-partite. We shall not be liable for any disputes arising from or in connection with such transactions between You and the aforementioned third parties.
Such third-party websites, and external applications or resources, accessible via the Third-Party Links may have their own privacy policies governing the collection, storage, retention and disclosure of Your information that You may be subject to. We recommend that You exercise reasonable diligence, as You would in traditional offline channels and practice judgment and common sense before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy.
Any personal information or SPDI collected in accordance with this Privacy Policy will be collected by Us and retained or stored either by Us or by our service providers
We also have measures in place such that Your SPDI which is in Our possession or under Our control, is destroyed and/or anonymized as soon as it is reasonable to assume that:
We may, however, reserve the right to retain and store Your personal information for Our business purposes, whether such personal information has been deleted or not. After a period of time, Your data may be anonymized and aggregated and then may be held by Us as long as necessary, to enable provision of services or for analytics purposes.
If You wish to withdraw Your consent for processing Your personal information and SPDI, cancel Your account, or request that We no longer use Your personal information and SPDI to provide You services, please contact Us at details indicated in the contact section. Please note however that Your withdrawal of consent or cancellation of account may result in Us not being able to provide You with Our services, or terminate any existing relationship that We may have with You.
Please note that uninstalling the App will not result in deletion of Your personal information or SPDI.
You may review, correct, update, change the basic information such as name and address that You have provided by logging into Your account. However, You are not permitted to, delete any part of the personal information, or to delete/modify any other information such as GST details, PAN details etc., or any other information generated on the Platform. You may update Your information at any point by writing to Us at the details indicated below in the contact section.
Should You choose to update Your personal information or SPDI or modify it in a way that is not verifiable by Us, or leads to such information being incorrect, We will be unable to provide You with access to Our Site, App or the Services, as described under the Terms, and such modification may be regarded as the User seeking to discontinue his or her access to Our Site, App or the Services.
We reserve the right to verify and authenticate Your identity and Your personal information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of Your personal information or SPDI may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
If You have any concern about privacy or grievances on the Site or the App, please contact Us with a thorough description and We will try to resolve the issue for You.
If You have any concerns or questions in relation to this Privacy Policy, You may address them to Our grievance officer at:
Name: Mr Jithesh M P
Address: Sumathi Healthcare Private Limited , 2nd floor RNR Plaza, Bagalur Main Rd, Above KFC & IndusInd Bank, Baba Nagar, Yelahanka, Bengaluru, Karnataka 560063
Phone number: 7738152266
E-mail: info@avmlabs.com
We shall endeavor to resolve Your grievances within one month from the date of receipt of such grievance.
Disclaimer: We cannot ensure that all of Your personal information and SPDI will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting Your privacy, We do not promise, and You should not expect, that Your information or private communications will always remain private. As a User of the Site or the App, You understand and agree that You assume all responsibility and risk for Your use of the Site or the App, the internet generally, and the information You post or access and for Your conduct on and off the Site or the App. aa. Indemnity: You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by You to third parties either through Our Site or App or otherwise and Your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your personal information or SPDI which You may have disclosed to such third parties. bb. Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.
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