NON-DISCLOSURE AGREEMENT The Personal
Data Protection Notice (“the Notice”) is issued pursuant to the
enactment of the Personal Data Protection Act 2010 (“the Act”) to
regulate the collection and processing of your Personal Data (as
herein defined) CELL MED SDN BHD’s Mediclicks and its predecessors,
successors, licensors, beneficiaries, subsidiaries, agents, employees,
representatives and/or affiliates concerning information we obtain by
and through your use of the Mediclicks mobile application (hereinafter
referred to as “the Application”)and the services
provided through the Application (hereinafter referred to as “
the Services”).
Mediclicks is committed to respecting your privacy and recognizing
your need for appropriate protection and management of the Personal
Data which you share with us. That is why Mediclicks insist upon the
highest standards for secure transactions and customer information
privacy. Please read the following statement to learn about Our
information gathering and dissemination practices. Our privacy policy
is subject to change at any time without notice. To make sure you are
aware of any changes, please review this policy periodically.
By visiting this Website or downloading this App you agree to be bound
by the terms and conditions of this Privacy Policy. If You do not
agree please do not use or access our Application and/or the Services.
By mere use of our Application and/or the Services, you expressly
consent to our use and disclosure of your personal information in
accordance with this Privacy Policy.
The purpose of this Privacy Policy is to explain the types of
information Mediclicks obtains about users of our Application and/or
Services, how the information is obtained, how it is used, how it is
disclosed, how you can get access to this information, and the choices
you have regarding our use of, and your ability to review and correct,
the information described in this policy. As such, please review this
policy carefully.
This Privacy Policy applies only to Mediclicks’s Application and
Services and becomes effective as soon as you use the Application.
Please understand that your attending independent doctor (“Doctor”)
may have different privacy standards and/or policies regarding the use
and disclosure of your medical information. Such use and disclosure of
your medical information in respect of the services rendered by that
Doctor to you will accordingly be subject to that particular Doctors’
own privacy standards and/or policies.
Words denoting one gender shall include the other gender. Words
denoting a singular number shall include the plural and vice versa.
Collection of Personal Data
1.1 Information That You Give Us.
“Personal Data” means information that can identify you, including but
not limited to your full name, identification card number, birth
certificate number, passport number, nationality, address, telephone
number, fax number, bank details, credit card details, race, gender,
date of birth, marital status, resident status, financial background,
personal interests, email address, your occupation, the industry in
which you work in, any information about you which you have provided
to us in registration forms, application forms, or any other forms
(including inter alia for purposes of completing surveys) and/or any
information about you that has been or may be collected, stored, used
and processed by Mediclicks from time to time AND INCLUDES sensitive
personal data (as defined under the Personal Data Protection Act 2010)
such as health/ religious data and criminal data.
1.1.1 The provision of your Personal Data
is voluntary. However, if you do not provide us with your Personal
Data, we will not be able to process your Personal Data for the
Purposes and Additional Purposes outlined below and may not be able to
provide you with our Services. We hope that you will find it
beneficial to provide information about yourself to us.
1.1.2 Mediclicks will collect your Personal
Data when you register for the Application, create a profile on our
Application, or subscribe to our Services (“Register”). Mediclicks may
also collect your Personal Data when you make a request to be
connected with an independent Doctor to provide house call services at
your location (“Visit”) or complete our surveys.
1.1.3 The Personal Data that we collect
varies depending upon how you use our Services. When you Register, you
will need to provide us with health-related information that a Doctor
will need to determine whether he/she is willing to provide medical
services to you.
1.1.4 That Personal Data will be associated
with your profile. Any medical information that you provide through
the Application briefly describing your symptoms (or those of any
minor for whom you request Services) will be sent to a Doctor, if
available, to be used for treatment and the processing of your payment
for the Visit, and other healthcare operations. Save as provided in
this Privacy Policy, Mediclicks will not use any medical information
for any other purpose without your written authorization, which may be
communicated through an electronic or digital means.
1.1.5 We do not protect the privacy of and
are not responsible for your disclosure of any information through
interactive features like forums, message boards, chats, tagging,
rating, if any, including, but not limited to information that you
might post related to a minor.
1.1.6 Also, whenever you voluntarily
disclose anyone’s personal information on publicly-viewable web pages,
that information can be collected and used by others. For example, if
you post your email address, you may receive unsolicited messages. We
cannot control who reads your posting or what other users may do with
the information that you voluntarily post, so we encourage you to
exercise discretion and caution with respect to information you choose
to disclose through these interactive features. When an individual
chooses to post information that will be publicly disclosed, he or she
is responsible for all legal consequences. We are not responsible
under any data protection laws for-information that you voluntarily
post on a site that can be accessed by others.
If you have concerns on your privacy rights, you should contact us at
the contact details provided at Clause 10 below.
1.2 Other Information We Collect
In addition to the Personal Data you provide to Mediclicks directly,
we may collect your Personal Data from a variety of sources such as:
(i) Filled application or registration
forms or other similar forms;
(ii) From publicly available sources such
as directories;
(iii) From our social media pages, if you
follow, like or are a fan of such pages;
(iv) By using our website.
1.3 Medical Information
In connecting you with a Doctor to provide you with their medical
services in connection with a Visit, the Application may collect
Personal Data from you and transmit it electronically. We will use
administrative, physical, and technical safeguards to protect the
security and privacy of information held in the Application. Our
infrastructure is kept in a secured data centre that protects from
unauthorized access to the physical servers, backups and any element
used to store and/or process personal data. Only authorized personnel
can access the data centre. Our systems and databases are backed up
regularly to help protect the data in case of an uncontrollable
catastrophe. We run our IT computing system on the Microsoft Azure
platform. Kindly be informed that some of these servers may be located
outside of Malaysia. The data-center(s) that stores our servers has
policies and procedures in place designed to safeguard the equipment
that our data is stored on. We regularly upgrade our system software
to include the latest security features. Our servers are protected by
a firewall system, which is designed to keep unwanted traffic or
access out of our computer network. We also employ an intrusion
prevention service (IPS) provided by a secured data centre operated by
a professional company. We also use security methods to determine the
identity of each registered user, so that appropriate rights and
restrictions can be enforced for that user. Reliable verification of
user identity is called “authentication”. All communications between
our Web server, your browser and our mobile apps is encrypted with SSL
(Secure Sockets Layer) to guard against network eavesdroppers. Your
password is internally encrypted in our system to prevent unauthorized
access to the system. Validations are built throughout the application
to capture the most reliable information. Only the last 4 digits of
your credit card number is stored on our servers.
1.4 Cookies
Our Application may use cookies and other technologies to collect
information. Cookies are small bits of information that our websites
place on the hard drive of your computer. We may use cookies to
facilitate your login processes; allow you to personalize and store
your settings; collect usage information; determine our total audience
size and traffic; and help us improve our sites by measuring which
areas are of greatest interest to users.
1.5 Tracking and/or Analytics Services
We may use mobile application tracking and/or analytics services.
These services may record unique mobile gestures such as tap,
double-tap, zoom, pinch, scroll, swipe and tilt but do not collect
personally identifiable information that you do not voluntarily enter
in the Application. These services do not track your browsing habits
across mobile applications that do not use the same services. We are
using the information collected by these services to understand user
behavior and optimize site performance.
1.6 Web Beacons.
We may also use web beacons (invisible images often referred to as
pixel tags or clear GIFs) in order to recognize users and assess
traffic patterns, and we may include web beacons and cookies in our
email messages in order to count how many e-mail messages have been
opened.
1.7 Non-Health/Medical Information.
We also collect Personal Data that is not health information or
medical information (“Non-Health/Medical Information”) in the form of
statistics and information regarding the Application user’s statistics
and metrics obtained from third party devices (for example, steps,
distance, calories burned, GPS coordinates, bat speed, hand speed,
swing time, etc.), which may be combined with personal information you
submit through the Application and/or Services so that you can fully
enjoy the benefits of the Application’s tracking, monitoring, and
diagnostic tools. We may also request the following optional
information as part of your profile so that you can fully enjoy the
features and functions of our Services: your weight, height, and
gender.
1.8 Mobile Device Information.
Your use of the Application may also include collection of information
from your mobile device. For example, the Application may request your
permission to collect location data and/or may request access to
multimedia (photos or videos) stored on your mobile device. Location
data is not required for participation in activities through the
Application, and you have the option of declining collection of
geolocation data. If you do not wish for your location data to be
shared with Mediclicks, please respond accordingly when prompted on
your mobile device, or visit your mobile device settings. Multimedia
will only be collected from your device if you affirmatively select it
to upload to the application (i.e. you choose an image or video to
store within the Application). Multimedia will not be shared with
other Application users (with the exception of your profile photo,
which will appear in your user profile)
2. Purposes of Processing: How We Use Your Information
2.1 Subject to this Mediclicks Privacy
Policy, the Terms of Service, and applicable terms and conditions of
third-party applications, all data transmitted through the Application
is owned by Mediclicks. To the extent Mediclicks is precluded from
owning data transmitted through the Application, you grant Mediclicks
a perpetual, worldwide, royalty-free license to use such data (with
the exception of medical information) to the extent necessary to
enable use of the Application and Services.
2.2 Mediclicks shall have the right to use
and process your Personal Data for its business and activities which
shall include, but not limited to, the following (“Purposes”):
2.2.1 Where you are a user of the Services
provided by Mediclicks(“User”):
(i) to perform Mediclicks’s obligations in
respect of any contract entered into with you;
(ii) to provide you with and to deliver to
you any Service which you have requested;
(iii) to process, manage or verify your
application for subscription with Mediclicks and to provide you the
benefits offered to subscribers;
(iv) to validate your requests, purchases
and bookings as well as process payments relating to any products or
Services you have requested;
(v) to process your participation in any
events, activities, research studies, promotions, polls or surveys;
(vi) to understand and analyze our sales as
well as your needs and preferences; and
(vii) to process exchanges or product
returns.
2.2.2 Where you are an agent, vendor,
supplier, partner, contractor or service provider:
(i) for the purposes of engaging you to
provide services or products;
(ii) to facilitate or enable checks as may
be required by Mediclicks in order to engage you;
(iii) to process payments relating to any
products or services you have provided;
(iv) to contact you.
2.2.3 General (applicable to all the
parties referred to in Clauses 2.1.1 and 2.1.2 above):
(i) to respond to questions, comments and
feedback from you;
(ii) to communicate with you for any of the
Purposes listed in this Privacy Policy;
(iii) for internal administrative purposes,
such as auditing, data analysis, database records;
(iv) for purposes of detection, prevention
and prosecution of crime;
(v) for Mediclicks to comply with its
obligations under the law;
(vi) to enhance or develop features,
products and services; and
(vii) to personalize the content that you
and others see on the Application.
2.3 Mediclicks may also use and process
your data for other purposes which include, but is not limited to, the
following (“Additional Purposes”):
(i) to notify you about our products and
services;
(ii) to send you alerts, newsletters,
updates, mailers, promotional materials, special privileges, festive
greetings from Mediclicks, its partners, sponsors or advertisers;
(iii) to notify and invite you to events or
activities organized by Mediclicks, its partners, sponsors or
advertisers;
(iv) to process your registration to
participate in or attend an event or activity and to communicate with
you regarding your attendance at the event or activity;
(v) to provide advertisers and other third
parties with aggregate information about Application users and the
Application usage patterns;
(vi) to allow other selected companies to
send you promotional materials about their products and services; and
(vii) to share your Non-Health/Medical
Information amongst its subsidiaries, associate companies, partners
and jointly controlled entities who may communicate with you to market
their products, services, events or promotions,by way of post,
telephone call, short message service (SMS), by hand, by e-mail, and/
or any other electronic or digital device. For the avoidance of doubt,
Mediclicks will NEVER share your medical and health information for
any marketing or promotional purposes without your prior written
consent.
2.4 We use Non-Health/Medical Information
for purposes such as measuring the number of users of various features
of the Application, making the Application more useful to users and
delivering targeted advertising and non-advertising content. We may
also use Non-Health/Medical Information (for example, statistics
regarding use and metrics) for research purposes, for marketing and
promotional purposes, and to develop new learning tools and solutions
and we may share such information with third parties, including
researchers and/or advertisers, on an aggregate and anonymous basis.
We use IP addresses to analyze trends, administer the Application,
track a visitor’s movement, and gather demographic information for
aggregate, non-personally identifiable use.
2.5 You acknowledge that unless you request
in writing otherwise, Mediclicks, in its sole discretion, has the
right but not the obligation to store any Personal Data perpetually,
to the extent permitted by law. If you wish for any information about
you to be removed from our database, please contact us through the
contact information provided below in the “How to Contact Us” section
of this Privacy Policy. We will not use your Health related
information for any purpose other than to provide you with the
Services and/or customer support services you request from us.
3. Sharing Your Information
3.1 Your Non-Health/Medical Information may
be transferred, accessed or disclosed to third parties for the
Purposes and Additional Purposes. Further, Mediclicks may engage other
companies, service providers or individuals to perform functions on
its behalf, and consequently may provide access to or disclose you
Non-Health/Medical Information to such service providers or third
parties. Except as otherwise described in this Privacy Policy, or if
we inform you otherwise at the time of data collection and receive
your consent where required, we will not sell, trade, or share your
Personal Data with third parties.
We may share your Personal Data as follows:
3.2 Doctors and Doctors
We will share your Personal Data with the Doctor who responds to your
request. The Doctor may contact you via telephone prior to being
dispatched to your location, to ensure that that they are equipped to
handle your medical case. The Doctor’s treatment of your information
is subject to the Doctor and Doctor’s own policies and procedures. Any
medical information that we collect from you will be kept private and
secure, as required by law.
3.3 With Affiliates
We may share your Non-Health/Medical Information with affiliated
companies and businesses. We will NOT share your medical or health
information for any marketing purposes without your prior written
consent.
3.4 With Service Providers
We may use other companies (such as information technology (IT)
service providers) to perform services including, without limitation,
facilitating some aspects of our Application such as processing credit
card transactions, developing our software and infrastructure, sending
emails, and fulfilling purchase requests. These other companies may be
supplied with or have access to your Non-Health/Medical Information,
solely for the purpose of providing these services to you on our
behalf.
3.5 With Business Partners
When you make purchases or engage in promotions offered through our
Application, we may share your Non-Health/Medical Information with the
businesses with which we partner to offer you those products,
services, and promotions. When you accept a particular business
partner’s offer, you authorize us to provide your information to that
business partner.
3.6 With other Service Providers
We occasionally will share, on an anonymous basis, information and
data on Application users with third party providers who provide
targeted services, such as advertising or data analysis on our behalf.
This sharing of information does NOT include any Personal Data or
medical information.
3.7 Special Circumstances
We also shall disclose your Personal Data:
(i) in response to a subpoena or similar
investigative demand, a court order, or other request from a law
enforcement or government agency where required by applicable law.
(ii) when disclosure is required or allowed
by law in connection with efforts to investigate, prevent, or take
other action regarding illegal activity, suspected fraud or other
wrongdoing; to protect and defend the rights, property or safety of
our company, our users, our employees, or others; to comply with
applicable law or cooperate with law enforcement; or to enforce our
Application’s terms and conditions or other agreements or policies.
(iii) in connection with a corporate
transaction, such as the sale of all or a portion of our business, a
divestiture, merger, consolidation, or asset sale, or in the unlikely
event of winding-up, as required or allowed by law.
SPECIAL NOTICE FOR USERS OF THE APPLICATION: IF YOU ELECT TO MAKE YOUR
PROFILE (OR THAT OF A MINOR OR FAMILY MEMBER) VIEWABLE BY DOCTORS, ALL
INFORMATION (EXCLUDING PERSONAL CONTACT INFORMATION) THAT YOU INCLUDE
IN THAT PROFILE MAY BE VIEWED BY DOCTORS. YOU SHOULD NOT ENTER ANY
INFORMATION IN THE PROFILE THAT YOU (OR ANOTHER PERSON) WISH TO REMAIN
CONFIDENTIAL. DOCTORS WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH
THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE APPLICATION.
WE ARE NOT RESPONSIBLE FOR THE RETENTION, USE OR PRIVACY PRACTICES OF
DOCTORS AFTER THEY HAVE RECEIVED YOUR INFORMATION.
4. How to Access or Update Your Information
4.1 You may have access to, review,
correct, update, change or delete your account profile information at
any time. Simply log into your account, go to your profile, and make
the necessary changes.
Before providing you with a copy of your personal information or
correcting, updating or deleting such information, We reserve the
right to verify and authenticate Your identity and the personal
information to which You have requested access. Access to or
correction, updating or deletion of Your personal information may be
denied or limited by Us if it would violate another person’s rights
and/or as otherwise permitted by applicable law.
4.2 Subject to any exceptions under the
applicable laws, you may:
(i) request for access to and/or request
for the correction of your Personal Data;
(ii) request to limit the processing of
your Personal Data for the Additional Purposes; and/or
(iii) make any inquiries regarding your
Personal Data,
by contacting us at the e-mail address provided below in the “How to
contact us” section of this Privacy Policy.
4.3 Subject to any applicable laws,
Mediclicks reserves the right to impose a fee for access of your
Personal Data in the amounts as permitted therein.
4.4 In respect of your right to access
and/or correct your Personal Data, Mediclicks has the right to refuse
your requests to access and/or make any correction to your Personal
Data for the reasons permitted under the law, for example where the
expenses of providing access to you is disproportionate to the risks
to your or another person’s privacy.
4.5 If you do not wish for your Personal
Data to be collected via cookies on our website, you may deactivate
cookies by adjusting your internet browser settings to disable, block
or deactivate cookies, by deleting your browsing history and clearing
the cache from your internet browser.
5. Links to Third Party Sites
Our Application may contain links to websites or applications operated
and maintained by third-parties, over which we have no control.
Privacy policies for these third-party sites and applications may be
different from our Privacy Policy. You access these third-party sites
and applications at your own risk. You should always read the privacy
policy of a linked site or applications before disclosing any personal
information on such site and/or through such applications. Mediclicks
is not responsible for information you submit to third-parties.
6. Acknowledgement and Consent
By communicating with Mediclicks, using the Application and our
Services or by virtue of your engagement with Mediclicks, you
acknowledge that you have read and understood this Privacy Policy and
agree and consent to the use, processing and transfer of your Personal
Data by Mediclicks as described in this Privacy Policy.
From time to time we may modify, update or amend the terms of this
Privacy Policy by placing the updated Privacy Policy on our website.
The effective date of such modifications, updates or amendments will
be noted at the end of the Privacy Policy. You should therefore review
it periodically so that you are up to date on our most current
policies and practices. If we make material changes to our practices
regarding the processing and/or use of your Personal Data, your
Personal Data will continue to be governed by the version of the
Privacy Policy to which such Personal Data was subject (prior to those
changes), unless you have been provided notice of, and have not
objected to, the changes. By continuing to communicate with
Mediclicks, by continuing to use our Services or by your continued
engagement with Mediclicks following the modifications, updates or
amendments to this Privacy Policy, such actions shall signify your
acceptance of such modifications, updates or amendments.
7. English version of Privacy Policy to prevail
In the event of any conflict between the English and Malay version of
this Privacy Policy, the English version shall prevail.
8. How to Contact Us
If you have any questions, comments or concerns about our Privacy
Policy, please contact:
Cell Med Sdn Bhd
017 631 3399
9. Effective Date
This Privacy Policy is effective as of 1 April 2021.
10. Indemnity
You agree and undertake to indemnify Us against any suit or dispute by
any Third Party arising out of disclosure of Personal Information by
You to Third Parties either through Our Website/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, which You may have disclosed to
such Third Parties.
11. Severability
Each paragraph of this Privacy Policy shall be and remain separate
from and independent of and severable from all and any other
paragraphs herein except where otherwise expressly indicated or
indicated by the context of the agreement.
The decision or declaration that one or more of the paragraphs are
null and void shall have no effect on the remaining paragraphs of this
privacy policy.
Recent Comments