Privacy
PRIVACY POLICY
Gamprohealth pvt. ltd. is committed to protect and respect your privacy in accordance with applicable laws and regulations. This Policy (together with our terms of use and any other documents referred to in it) sets out what kind of personal data we collect from you or that you provide to us, how it is processed, with whom it may be shared and what choices you have regarding the use of your information. By clicking on the “I Accept” button or any equivalent, or accessing any part of the endocare application and website (“App / Website”), or by providing any personal data to us, or by us collecting your personal data via the methods listed below, you hereby accept and consent to the collection, processing, use, disclosure, transfer and retention of your personal data by Gamprohealth in accordance with the terms of this Policy in full. PERSONAL DATA THAT WE MAY COLLECT FROM YOU
We may collect and process the following about you:
• Personal data (including sensitive personal data) that you provide through this Website, over the phone, by email, in person, or in other forms of interaction with us such as, but not limited, to your name, picture, address, gender, date of birth, ID number, telephone number, email address, product use behaviours, health history and payment information (e.g. credit or debit card information). This includes personal data provided to us at any time when you make an enquiry to Gamprohealth/about endocare by phone or via the Website or other Gamprohealth/endocare managed media sites and applications and relevant websites, subscribe to our service, post material, create an account on our websites or in our mobile applications, request further services, register for our trainings/seminars or membership for our newsletters, register your warranty online, interact with our customer service officer, respond to our marketing representatives and agents, submit your job application either directly or indirectly through any third party platform, websites or agencies, register at our visitor log book, or when you submit your personal data to us for any other reasons and/or when we collect your personal data by other lawful means. We may also ask you for your personal data when you enter or participate in conferences, campaigns, seminars, competitions, offers, programs or promotions sponsored or managed by Gamprohealth, and when you report a problem or issue to us.
• If you contact us, we may keep a record of that correspondence. We may also ask you to respond to surveys that we use for research purposes, although you do not have to respond to them.
• Details of your visits to Gamprohealth offices or the Website and the areas or resources that you access, including date, data and time, pages viewed, response time and interaction with the Website.
• Technical information about your device, including where available your IP address, operating system and browser type, for system administration. This is statistical data about the Website users’ browsing actions and patterns, and does not identify any individual.
• Business contact information such as contact details of employees of our suppliers, contractors, agents, vendors and corporate customers.
• CCTV recordings when you visit our premises or photo taking or video recording at events. Provision of your personal data to us is voluntary. However, if you do not provide us with the required data or you withdraw your consent to the use of any or all of your personal data, you may not be able to use certain functions of the Website/mobile application and we may not be able to provide you with certain services which you have requested. We may also collect information about you that is publicly available online, including your social media profiles. COOKIES
The Website uses cookies to distinguish you from other users of the Website. A cookie is a small file that is sent together with pages of the Website and stored by your web browser on the hard disk of your device. If a cookie has been stored, the information contained therein can be sent back to our servers during your next visit to the Website. This helps us to provide you with a good experience when you browse the Website and also allows us to improve it. By using the Website, you accept the use of cookies. You can block all or some cookies through the settings of your web browser. However, this may limit the functionality of, or your ability to access, our Website. SOCIAL MEDIA BUTTONS AND THIRD PARTY WEBSITES
On the Website, buttons are included to promote (“like”) or share (“tweet”) websites on social networks. These buttons function by means of programming code of these social networks. If these buttons are used, third party cookies are stored on your device. This is not within our control. Gamprohealth is not responsible for personal data protection policies, content or protection of your personal data on any third party website linked to the Website. Please read the privacy statements of such websites, which may be updated frequently, to understand how they process your personal data. ACTIVATION/ DEACTIVATION/ DELETION OF COOKIES
More information with regard to activation, deactivation and deletion of cookies can be found in the instructions via the help-functionality of your web browser. RESPONSIBILITY OF DATA PROVIDED TO US
All the personal data you provide us will be held in or transferred to a database or servers maintained by Gamprohealth pvt. ltd. located in INDIA, depending company may process personal data on your behalf. However, your personal data or a copy of your personal data will be held or stored in local databases or servers to the extent required under local laws.
You are responsible for ensuring all personal data provided to us is accurate, complete and up to date.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us via the internet; any transmission is at your own risk.
Once we have received your personal data, Gamprohealth uses strict procedures and security features to protect your personal data.
If you have questions, comments or concerns about how we handle the personal data provided by you, please contact Customer Support, details of which are set out below. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website/mobile application, you are responsible for keeping this password confidential. If your password is lost or compromised for any reason, please contact us immediately to change your password. USES MADE OF INFORMATION
We may use information held about you for the following purposes:
• To ensure that content from the Website/mobile application is presented in the most effective manner for you and for your device, such as by developing, personalizing, and providing advertising and experience tailored to your interest.
• To provide you with information, products or services that you request from us or which we feel may interest you, such as, by sending promotional e-mail messages, newsletters and promotional SMS messages and contacting potential product testers.
• To carry out our obligations arising from any contracts entered into between you and us.
• To deliver samples, premiums, products and information, or develop new products and services.
• To allow you to participate or enrol in interactive features, contest, programs or offers of our service, when you choose to do so.
• To notify you about changes to our service or products.
• To respond to your queries, feedback, suggestions, complaints or comments.
• To make available a service through which you can receive text or other types of messages from Gamprohealth such as SMS on your mobile device.
• To ensure compliance with company policies, regulatory obligations and applicable laws.
• To carry out research, planning and statistical analysis.
• To assess your suitability as part of Gamprohealth hiring and recruitment process.
• For accounting, risk management, compliance and record keeping purposes.
• For any other legitimate business purposes.
Unless you have indicated otherwise, we may also use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these. Further, in case of purchase of our online products, any personal data may be used to process payment for purchases, subject to any privacy policies separately provided at the online store site. You may withdraw your consent for receiving promotional or marketing materials at any time by using the contact details at the bottom of this Policy or by clicking on the “unsubscribe” link which is embedded in the relevant email or message. Please note that if you unsubscribe we may still send you service related emails, such as product purchase receipts. DISCLOSURE OF YOUR INFORMATION
Gamprohealth will take all reasonable steps to protect your personal data against unauthorized disclosure. Your personal data may be transferred and disclosed to and processed by any member of the Gamprohealth group, including, but not limited to, our ultimate holding company and its subsidiaries for the purposes of sending you promotional information about our products or services and any other purposes described herein.
In addition, your personal data may also be disclosed to or shared with:
• Our trusted third party agencies on advertising, marketing and promotion to help us deliver and analyse the effectiveness of our advertising campaigns, events and promotions.
• Our business partners for a co-promotion or joint program with Gamprohealth.
• Our trusted third party service providers to perform variety of business operations on behalf of Gamprohealth, such as fulfilling product and service requests and answering inquiries, hosting websites, data processing and delivering our email or other communications.
• Web analytics tool providers, such as Google.
• Third party vendor for remarketing services, including Google’s ‘Customer Match’ and Facebook’s ‘Custom Audience’ to display ads (this means we may upload the contact information to third party vendors who perform remarketing services on our behalf).
• Third parties required to deliver a product or service to you, such as a delivery or postal service delivering product to you.
Further, we may disclose your personal data to third parties:
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Gamprohealth or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• To protect and defend the rights and property of Gamprohealth (including enforcing our Terms and Conditions) and conduct investigations into possible breaches of applicable laws, and to protect against fraud and any technical or security vulnerabilities. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation or meet enforceable government requests whether within or outside INDIA.
In sharing your personal data, we endeavour to ensure that the third parties and our affiliates keep your personal data secure from unauthorised access, collection, use, disclosure, or similar risks and retain your personal information only for as long as they need your personal information to achieve the abovementioned purposes. In disclosing or transferring your personal data to third parties and our affiliates located overseas, Gamprohealth takes steps to ensure that the receiving jurisdiction has in place a standard of protection accorded to personal information that is comparable to the protection under or up to the standard of the laws of INDIA or that other adequate safeguards are in place. RETENTION
Gamprohealth will retain your personal data only for as long as it is necessary to fulfil the purpose for which it was collected, the legal or business purposes of Gamprohealth, in accordance with Gamprohealths general retention policy or as required by relevant laws. Information that is no longer needed is either irreversibly anonymised (and the anonymised information will be retained) or securely destroyed. YOUR RIGHTS
• If you wish to access, correct and supplement the personal data that Gamprohealth holds about you or wish to withdraw your consent for or limit the processing of your personal data or if you wish to make any inquiries or complaints in respect of your personal data, or register an objection in connection with your particular personal circumstances or if you would like to unsubscribe from any Gamprohealth mailing list, please contact us by using the contact details at the bottom of this Policy.
• Subject to any exceptions under applicable laws, Gamprohealth will honour your request or objection, or inform you as to whether and, if so, to what extent it is complying therewith within 21 days or such other time as is reasonable after we receive such request or objection.
• Gamprohealth reserves the right to impose a reasonable fee for access of your personal data in the amounts as permitted under law.
• To prevent misuse and meet your request or objection we might ask you to adequately identify yourself and/or provide other information that enables us to locate your personal data. If you request access to personal data linked to a cookie, you must send us a copy of the relevant cookie, which can be found via your web browser preferences. PERSONAL DATA FROM MINORS AND OTHER INDIVIDUALS
• Gamprohealth does not knowingly collect personal data from individuals under 18 years of age or as defined as a minor by local legal requirements (“minor”). As a parent or legal guardian, please do not allow a minor under your care to submit personal data to us. In the event that such personal data is provided to us, you hereby consent to the processing of the minor’s personal data and personally accept and agree to be bound by this Policy and take responsibility for his or her actions.
• If you provide personal data relating to other individuals (such as your spouse, family members, friends or employees) you represent and warrant that you are authorised to provide such individuals’ personal data to Gamprohealthand you have obtained their consent for their personal data be processed and used in the manner as set forth in this Policy. CHANGES TO OUR PRIVACY COOKIE POLICY
Gamprohealth may revise this Policy at any time at its own discretion by updating this posting on our Website/mobile application without any prior notice. Subject to your rights under any applicable laws, you agree or shall be deemed to agree to be bound by any of such amended, altered or revised Policy by continuing to access any part of the Website or by providing any personal data to us and any personal data which we have collected from you shall be processed and used in accordance with the revised Policy. You should check the Website/mobile application frequently to review the current privacy and cookie policy. Certain provisions of this Policy may be superseded by expressly designated legal notices or terms located on particular pages at the Website/mobile application. SOFTWARE/ ENDOCARE DEVICE END-USER LICENCE AGREEMENT
VERSION 1.1
This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and Gamprohealth pvt. ltd., H-101/102, 1st floor, Tower 4, Belapur infotech Park,CBD Belapur station complex, sector 11,CBD Belapur, Navi Mumbai - 400614.(Licensor, us or we) for the use of the Endocare application/ software that is downloaded, installed and/or used in any country.
We licence limited use of the Software to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider, such as but not limited to the Apple AppStore or the Google Play Store (Third Party Rules). We do not sell the Software to you. We remain the owners of the Software at all times.
By clicking the “Accept” button below YOU AGREE to the terms of this EULA which will bind you. The terms of this EULA include, in particular, a disclaimer clarifying that the Software does not provide medical advice and limitations of liability
If you do not agree to the terms of this EULA, we will not licence the Software to you and you should stop the downloading process now by clicking on the “Do not agree” button below. In this case the downloading process will terminate. FURTHER CONTENTS OF THIS EULA: CLAUSE
-
Acknowledgements
-
Grant and scope of licence
-
Licence restrictions
-
Acceptable use restrictions
-
Intellectual property rights
-
Limitation of liability and indemnification
-
Termination
-
Communication between us
-
Events outside our control
-
Other important terms AGREED TERMS
-
ACKNOWLEDGEMENTS
-
The terms of this EULA apply to the Software, including any updates or supplements thereto, unless such updates or supplements come with separate terms, in which case those terms apply.
-
We may change the terms of this EULA at any time by notifying you of a change when you next start or use the Software. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Software.
-
From time to time updates to the Software may be issued through the appstore provider. Depending on the update, you may not be able to use the Software until you have downloaded or streamed the latest version of the Software and accepted any new terms. However, even if the Software is outdated, we are under no obligation to update the Software.
-
You understand that the software is provided ‘as is’ and that it is not intended to amount to any advice, including but not limited to medical advice,or,for diagnostic purpose on which reliance shold be placed.The software is not intended to be relied upon in lieu of advice by a trained medical care provider.Always consult your doctor or other healthcare professional with any queries regarding any medical condition,or for specific guidance regarding nutrition or physical activity
-
The Software may contain links to or provide a connectivity functionality with other independent third-party websites or mobile device applications (Third-party Sites). These Third-party Sites are not under our control, and we are not responsible for and do not endorse their content, their data privacy governance and/or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
-
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
-
GRANT AND SCOPE OF LICENCE
-
In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Software on your smartphone(s) or tablet(s) (Devices), subject to these terms and the Third Party Rules, incorporated into this EULA by reference. To the extent of any inconsistency between the terms of this EULA and the Third Party Rules, the terms of this EULA shall prevail. We reserve all other rights.
-
You may download a copy of the Software onto your Devices and to view, use and display the Software on the Devices for your personal purposes only.
-
Non-personal or anonymous data may be collected automatically to improve functionality of the Software. You agree that any non-personal or anonymous data collected may be sent to other parties for processing.
-
You will be responsible for providing accurate and valid information about yourself, including your full name and address and contact information. Information collected about you, including ‘sensitive personal data or information’ as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, is subject to our privacy policy which is available here -www.endocare.com/privacy You have the option not to provide this information; however, should you do so, you may not be able to access the Software and/or avail the full range of services we offer.
-
The use of our Software is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you cannot register with us and cannot transact on or use the Software. We reserve the right to cancel or refuse your registration and / or refuse to provide you with access to the Software if it is brought to our notice or if it is discovered that you cannot form legally binding contracts.
-
LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
a. not to copy the Software except where such copying is incidental to normal use of the Software, or where it is necessary for the purpose of back-up or operational security;
b. not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Software;
c. not to make alterations to, or modifications of, the whole or any part of the Software, or permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
d. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited under local law, if applicable, provided that the information obtained by you during such activities:
i. is not unnecessarily disclosed or communicated without our prior written consent to any third party;
ii. is not used to create any software that is substantially similar to the Software. ACCEPTABLE USE RESTRICTIONS
You must:
. not use the Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Software or any operating system;
a. not infringe our intellectual property rights or those of any third party in relation to your use of the Software (to the extent that such use is not licenced by this EULA);
b. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software; and
c. not use the Software in a way that could interfere with other users or damage, disable, overburden, impair or compromise our systems or security or those of any third party in relation with the Software. INTELLECTUAL PROPERTY RIGHTS
-
You acknowledge that all intellectual property rights in the Software anywhere in the world belong to us or our licensors, that rights in the Software are licenced (not sold) to you, and that you have no rights in, or to, the Software other than the right to use the Software in accordance with the terms of this EULA.
-
You acknowledge that you have no right to have access to the Software in source-code form.
-
You will not challenge the validity of any of our intellectual property rights licenced pursuant to this EULA, or oppose any application for the registration of such intellectual property rights.
-
If you suggest any new features or functionality that we, in our sole discretion, adopt into the Software, such new features or functionality will be the sole and exclusive property of the Licensor and any and all claims of the End-user as to the same are hereby waived and released. LIMITATION OF LIABILITY AND INDEMNIFICATION
-
You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements. You agree that you use the Software at your own risk.
-
We only supply the Software for domestic and private use. You agree not to use the Software for any commercial, business or reselling purposes.
-
Use of and access to the Software is permitted on a temporary basis, and we reserve the right to withdraw or amend Software without notice. From time to time, we may restrict access to some parts of the Software or to the entire Software, or to users who have registered with us. We will not be liable if for any reason the Software is unavailable at any time or for any period.
-
To the extent permitted by law, the software is provided without any guarantees, conditions or warranties as to its accuracy, performance or uninterrupted service. we will not be liable for any loss or damage caused by the software, a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your devices, computer equipment, computer programs, data or other proprietary material due to your use of the software or to your downloading of any material posted on it, or on any website linked to it. furthermore, to the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
i. All guarantees, conditions, warranties and other terms which might otherwise be implied;
ii. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the software or in connection with the use of endocare device, inability to use, or results of the use of the software/endocare device and any materials posted on it, including but not limited to:
i. Loss of income or revenue;
ii. Loss of business;
iii. Business interruption;
iv. Loss of business opportunity;
v. Loss of profit or contracts;
vi. Loss of anticipated savings;
vii. Loss of data;
viii. Loss of goodwill;
ix. Wasted management or office time;
x. Injury or death;
Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
-
you agree to indemnify, defend and hold licensor, its parent companies, affiliates, subsidiaries, directors, officers, employees and agents harmless from any liability, loss, claim and expense, including reasonable attorney fees and expenses, related to your breach of this eula or your use of the software/endocare device. TERMINATION
-
We may terminate this EULA immediately and without incurring any liability by written notice to you:
i. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
ii. if you breach any of the Licence Restrictions (section 3) or the Acceptable Use Restrictions (section 4);
iii. if we decide in our sole discretion to no longer support the Software and discontinue the Software indefinitely.
- On termination for any reason:
i. all rights granted to you under this EULA shall cease;
ii. you must immediately cease all activities authorised by this EULA, including your use of the Software;
iii. you must immediately delete or remove the Software from all Devices, and immediately destroy all copies of the Software then in your possession, custody or control and certify to us that you have done so;
iv. and thereafter, you remain bound by the sections that by their nature or intended character can survive expiration or termination of this EULA, such as, but not limited to section 1, 5, 6, 10 and this section. COMMUNICATION BETWEEN US
If you have any concerns about the Software or if you have any questions or comments regarding this EULA or if any condition in this EULA requires you to give us notice in writing, then please contact us by e-mail at: feedback@Gamprohealth.com or by regular mail to: Gamprohealth private limited, B 124 , Balaji Bhavan, sector 11, CBD Belapur, Navi Mumbai 400614. We will confirm receipt of this by contacting you in writing, normally by e-mail. You acknowledge and consent that your questions or comments including your personal information provided by you may be disclosed to our affiliated companies. EVENTS OUTSIDE OUR CONTROL
-
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
-
If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
i. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for a period equal to the duration of the Event Outside Our Control; and
ii. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control. OTHER IMPORTANT TERMS
-
You acknowledge and consent that we may collect anonymous data such as your access history, operation history within the Software, search history, IP address, dates, reference/exit pages and any other information about your use of the Software (User History Information), and that we may use third-party analytical services to analyse User History Information for the purpose of improving the Software or others. Information recorded using such analytical services will not contain personally identifiable information.
-
In patients who have Complicating factors such as common arrhythmias, ventricular premature beats, atrial fibrillation, arterial sclerosis, poor perfusion, diabetes, age, pregnancy, preeclampsia or renal disease or any other medical condition should consult his physician before use of Endocare treatment.
-
The manufacturer cannot be held liable for damage or injury caused by incorrect use. Always follow the operating procedures described in this User Manual.
-
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or your obligations under this EULA.
-
You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
-
If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
-
Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
-
This EULA, its subject matter and its formation, are governed by the laws of India.
-
Without prejudice to any right of the parties hereto to apply to any competent court for injunctive relief, any dispute arising out of or in connection with this EULA, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Gurgaon in accordance with theArbitration and Conciliation Act, 1996. The tribunal shall consist of one arbitrator to be appointed by the parties mutually. The language of the arbitration shall be English and the award shall be final and binding on both parties.
-
Notwithstanding anything in this Agreement, the parties hereto acknowledge and agree that they shall have the right at any time to apply to any competent court for interim injunctive relief in relation to any dispute arising out of or in connection with this EULA.
-
This EULA is the complete and exclusive statement of agreement between the licensor and you concerning the subject matter hereof which supersedes any prior agreements, oral or written, or any other communications relating to the subject matter of this EULA. No amendment of this EULA shall be effective unless it is in writing and signed by the licensor.
By clicking the “Accept” button below, you acknowledge that you have read this EULA and have understood it, and agree you will be bound by its terms. CONTACT
Questions, complaints, comments and requests regarding this Policy or our compliance with applicable privacy laws are welcomed and should be addressed to: Customer Support: Support Divison address: B-124, BALAJI BHAWAN, CBD BELAPUR 42 A Sector 11, NAVI MUMBAI, Thane, Maharashtra, 400614 contact: +91 9136911369 email: support@Gamprohealth.com website: www.Gamprohealth.com
We will acknowledge and investigate any complaint about the way we manage your personal data.
This Policy is written in English and may be translated into other languages. In the event of any conflict between the English and other language versions of this Policy, the English version shall prevail.