This ‘Privacy Policy’ is created and published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which requires the publishing of Privacy Policies and Terms of Use for website access or usage. This Privacy Policy [the “Privacy Policy”] regulates Your use of the website www.avnclinics.com as well as email communications received from patientcare@avnclinics.com /consultation@avnclinics.com /noreply@avnclinics.com / marketing@avnclinics.com, and text messages received from +91 9321270278 and +91 9819893413 [collectively, referred to as the “Platform”].

AVN Clinics, a proprietorship concern operated by Mr. Satyen Sanghavi having its office at 3 ABC, Acme Plaza, above IndusInd Bank, Andheri-Kurla Road, Andheri (East), Mumbai – 400 059, Maharashtra, India [the “AVN Clinics”], owns and operates the Platform. AVN Clinics recognises the importance of maintaining the privacy of the information provided by You and is committed to protect Your privacy.

Kindly read the Privacy Policy carefully before availing the services offered by the Platform. If You decide to use the Services offered by the Platform, the same shall be deemed as an acceptance of this Privacy Policy by You without any demur.

This Privacy Policy explains how AVN Clinics, via this Platform, collects, uses, shares and protects Personal Information & Sensitive Personal Data or Information about the Users of the Services and/or the Platform. This Privacy Policy is created to demonstrate AVN Clinics’ commitment towards protection of Your privacy and Your Personal Information & Sensitive Personal Data or Information. Your use and access to the Services and/or the Platform is subject to this Privacy Policy and our Terms of Use.

This Privacy Policy has been published in compliance of the governing laws of India.

By visiting and/or using the Platform and/or Services offered by AVN Clinics, You agree to the terms and conditions of this Privacy Policy and it shall be deemed that You have read in full and accepted the same. You hereby consent to our collection, use and sharing of your information as described in this Privacy Policy. In the event that you use the Services on behalf of someone else or an entity, You represent that You are authorised by such individual or entity to accept this Privacy Policy on such individual’s or entity’s behalf.

AVN Clinics retains the right to change, modify or terminate the terms of this Privacy Policy, or any portion of this Privacy Policy, at any time by publishing such changes on the Website and/or the Platform. The amended Privacy Policy would be effective as on the date of change, which AVN Clinics would post on the Website and/or the Platform and it shall be binding upon You from such date. If You do not agree to any of the terms of the amended Privacy Policy, You may discontinue using the Services available on the Platform immediately.

1. DEFINITIONS

1.1. “Fee(s)” means the charges as prescribed in the Platform and as payable by the Patient(s) through the payment gateways available on the Platform for availing the Services available on the Platform, only in cases the Patient(s) opt for Appointment through Virtual Clinic mode.

1.2. “Patient(s)” refers to patient(s) or to his/ her representative(s) or affiliate(s), who is/ are searching for Practitioner(s) through the Platform and/ or has/ have availed the Services provided by the Platform.

1.3. “Practitioner(s)” refers to medical practitioner(s) or health care provider(s) (whether an individual professional or an organization) or similar institution(s) wanting to be listed, or already listed, on the Platform, including designated, authorized associate(s) and representative(s) of such practitioner(s) or institution(s).

1.4. “Personal Information” as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 [the “SPI Rules”] means 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.

1.5.“Sensitive Personal Data or Information” as defined under Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

1.6.“Registration Process” means the process by which User(s) submits his/ her requisite details with AVN Clinics on the Platforms in accordance with the process mentioned in Clause 4 of the Terms of Use.

1.7. “Service(s)” means provision of a centralised network of Practitioner(s) (whether an individual professional or an organization) or similar institution to arrange for patients suffering with bone & joint problems, conditions and related diseases, nonscalable etc. an appointment for consultation with the Practitioner(s) and to provide support to such patients.

1.8. “Usage Data” is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).

1.9. ‘User’, ‘You’ and ‘Your’ refers to the users of the Platform and includes both, the Practitioner(s) and the Patient(s).

2. OBJECTIVE OF THIS PRIVACY POLICY

2.1 This Privacy Policy is published in compliance with, inter alia:

• Section 43A of the Information Technology Act, 2000.
• Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 [the “SPI Rules”].
• Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011
• Rule 3(1) (a) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

2.2.This Privacy Policy mentions the type of information collected from the Users, including Personal information & Sensitive Personal Data or Information, the purpose, means and modes of usage of such information and how and to whom such information may be disclosed.

3.PERSONAL INFORMATION AND/OR THE SENSITIVE PERSONAL DATA OR INFORMATION COLLECTED BY AVN CLINICS

For providing the Services that are available on the Platform AVN Clinics requires information from the User(s) for providing the User(s) with the suitable Services. The information collected may include Personal Information and/or ‘Sensitive Personal Data or Information’ as mentioned under the SPI Rules. The User(s) understands that the Personal Information and/or the Sensitive Personal Data or Information is being voluntarily provided by You. You hereby consent to the collection of such information by the Company. Information collected by the Company from You may inter alia include the following:

A. PERSONAL DATA/ INFORMATION

Generally, the User(s) can visit and browse the Platform without disclosing the Personal Information and Sensitive Personal Data or Information. However, to fully use the Services provided by AVN Clinics, via the Platform, the User(s) is/ are required to undergo the Registration Process as provided in the Terms of Use which shall require providing certain Personal Information and/or Sensitive Personal Data or Information.

The Registration Process mentions the information that is mandatorily required and the information that is optional on behalf of the User(s). The User will have the option to not to provide such information by choosing not to use a particular Service or feature of the Platform. The Personal Information and the Sensitive Personal Data or Information that will be required by the Platform (if so chosen) are as follows:

• Contact Information: Information, inter alia, including name, contact number, email address, postal address, gender, date of birth, etc.
• Information required for providing the Service (for the Patient): The Platform may ask for information regarding the Patient’s physical, physiological & mental health condition, medical history, medical reports, medical prescriptions, allergies, body weight, medical insurance data, sexual orientation, call data records, biometric information or any other detail (in accordance with the prevailing laws) which may be required to avail the Services on the Platform.
• Information required for providing the Service (for the Practitioner): The Platform may ask for certain information which may be required to avail the Services on the Platform in accordance with the prevailing laws and any agreement(s) between the Practitioner(s) and AVN Clinics.
• Payment and billing Information: Financial information such as bank accounts, credit and debit card details or other payment instrument details, payment method, billing name, billing address may be collected.
• Information to third party video conferencing/ video communication applications: The Personal Information and/or Sensitive Personal Data or Information of the Patient(s) (to the extent required to conduct video or online consultation) shall be shared with the third-party video conferencing/ video communication applications in the event that the Patient(s) opts for video/ online consultation. Such consultations conducted through Virtual Clinic mode may also be recorded for future references.
• Any other information: The Platform may collect any other information which is freely available in public domain or accessible or furnished under the Right to Information Act, 2005 or any other law for the time being in force, as the case may be, without your consent. Such information shall not be regarded as Personal Information or Sensitive Personal Data or Information.

B. USAGE DATA

AVN Clinics may also collect information that the User’s browser sends whenever you visit the Platform [the “Usage Data”].

This Usage Data may include information such as your computer’s IP address, browser type, browser version, the pages of our Platform that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, Your device operating system, the type of Internet browser You use, unique device identifiers and other diagnostic data.

C.LOCATION DATA

AVN Clinics may use and store information about Your location if You provide AVN Clinics with the permission for the same [“Location Data”]. AVN Clinics use this data to provide features of our Service, to improve & customize the Services, and to provide efficient Service to the User(s).

AVN Clinics also uses this data to provide real time location of the nearest Clinic for the convenience of the Patient(s). You have an option to enable or disable location services, while using our Platform and the Services provided by AVN Clinics, at any time by way of your device settings.

PURPOSE OF COLLECTION/ USAGE

4.1 AVN Clinics may use the Personal Information and/or the Sensitive Personal Data or Information provided by the User(s), for the following purposes:

• for the purpose of providing You the Services;
• for the purpose of improving the quality of the Services;
• for marketing and promotional purposes;
• for the purpose of transactional communications;
• for the purpose of financial transactions;
• for the purpose of providing or sharing the Personal Information and/or Sensitive Personal Data or Information to the Practitioner(s) opted by the Patient(s);
• for communication purpose to provide You a better and efficient way of booking Appointments through Virtual Clinic or the In-Clinic mode;
• for the purpose of debugging customer support related issues;
• for the purpose of receiving feedbacks from the User(s);
• for the purpose of responding to summons, court orders or other legal obligations;
• for the purpose of research and generating statistical analysis;
• for the purpose of publishing such research studies and finding in medical journals, conferences and likewise;
• for the purpose of publishing feedbacks on the Platform for promotional purposes;
• for the purpose as mentioned under the Information Technology Act, 2000 and the rules thereunder.

4.2. AVN Clinics or any person/ organisation acting on behalf of AVN Clinics shall not be responsible for the authenticity and accuracy of the Personal Information and/or the Sensitive Personal Data or Information provided by the User(s).

RETENTION OF DATA

5.1. AVN Clinics retains the Personal Information and/or the Sensitive Personal Data or Information only for as long as it is necessary for the purposes as mentioned herein the Privacy Policy and for the purpose it was collected.

5.2. AVN Clinics retains the Personal Information and/or the Sensitive Personal Data or Information to comply with its legal, statutory and/or contractual obligations and for enforcement of its policies.

6. OBLIGATIONS OF THE USER(S) FOR THE PERSONAL INFORMATION AND/OR THE SENSITIVE PERSONAL DATA OR INFORMATION

6.1. You hereby consent to the collection and use of the Personal Information and/or the Sensitive Personal Data or Information, provided by you to AVN Clinics, for any of the purposes stated herein.

6.2. The User(s) agrees and understands that all the information provided to AVN Clinics by the User(s), including Personal Information and/or the Sensitive Personal Data or Information, is voluntary.

6.3. For the Registration Process, the User(s) requires to provide Personal Information and/or the Sensitive Personal Data or Information such as the email address, country, ZIP/postal code, age, phone number, provided by the User(s) and valid financial account information.

6.4. You may have limited access to the Platform without creating an Account on the Platform. In order to have access to all the features on the website, User must undergo the Registration Process as mentioned in the Terms of Use.

6.5. User(s) may opt out of the non-essential, promotional and marketing related information(s) provided by AVN Clinics by sending an email to marketing@avnclinics.com.

6.6. User(s) shall also have the option not to divulge any Personal Information and/or the Sensitive Personal Data or Information. In such an event, the User(s) understands that the Services of the Platform will only be to a limited extent to such User(s).

6.7. User(s) agrees and understands that AVN Clinics is not liable for the authenticity of the Personal Information and/or the Sensitive Personal Data or Information provided/ supplied by the User(s).

6.8. The User(s) are responsible for the accuracy and correctness of the information that you submit to AVN Clinics.

6.9 Any discrepancy or inaccurate or wrong information shall be reviewed and amended by the User(s) at the earliest.

6.10. If the User(s) wishes to change any of the Personal Information and/or Sensitive Personal Data or Information in their Account, the same can be done by contacting the customer care or through consultation@avnclinics.com. AVN Clinics will make the requested changes in the databases as soon as such request is received.

6.11. If the User(s) intends to deregister his/her/their Account or requests that their information no longer be used, the User(s) can contact AVN Clinics through consultation@avnclinics.com.

6.12. User(s) understands and agrees that AVN Clinics reserves its right to discontinue or remove the User(s) from the Platform if AVN Clinics has reason to believe that the information provided by such User(s) are incorrect or wrong.

6.13.User agrees and understands that AVN Clinics reserves its right to discontinue the use of the Platform to a particular User(s) in the event that AVN Clinics has reason to believe that such use/ visit is not in Compliance of this Privacy Policy and/or Terms of Use and/or any other law for the time being in force.

6.14. If You provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), and/or AVN Clinics has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, out of date or incomplete, AVN Clinics may, at its sole discretion, discontinue the provision of the Services to you and remove You from the Platform.

6.15. After the withdrawal of consent, AVN Clinics may discontinue or may not be able in a position to provide the Services to such User(s).

6.16. User(s) agrees and understands that the information/ credentials of the Practitioner(s) as displayed on the Platform is solely based on the credentials or information provided by such Practitioner(s) and that AVN Clinics is not responsible or liable for the accuracy and correctness of the same. The User(s) are required to check the accuracy and completeness of such information or credentials.

6.17. AVN Clinics will take reasonable steps to verify and ensure that the information or credential provided by the Practitioner(s) is correct.

7. DISCLOSURE OF PERSONAL INFORMATION AND/OR THE SENSITIVE PERSONAL DATA OR INFORMATION

7.1. The following is applicable to all the User(s):

7.1.2. User(s) confirms and agrees that AVN Clinics does not sell or share any Personal information and/or the Sensitive Personal Data or Information about the User(s) with other people/ organisation except to provide the Services under the Terms of Use or this Privacy Policy or to the extent necessary.

• The Personal Information and/or the Sensitive Personal Data or Information shall be disclosed to the Practitioner(s) as chosen by the Patient(s) as a part of providing the Services and for the purpose of providing appropriate treatment to the Patient(s) who shall maintain the confidentiality and secrecy of the same.
• The Personal Information and/or the Sensitive Personal Data or Information shared by the Practitioner(s) over the Platform for the Patient(s) to see and ascertain the appropriate Practitioner(s) for booking Appointments/ consultations.
• The Platform may require the User to pay a certain amount of Fee via a credit card, debit card or through other online payment gateways like Paytm, Google Pay, UPI, etc. directly to the Practitioner(s) for booking Appointments/ consultations with the Practitioner(s) through Virtual Clinic mode. The User(s) may opt for AVN Clinics to collect and store such User’s credit card number and/or other financial information such as bank account numbers, in a digitally encrypted format, for ease of payment processes and future references.
• The Platform may require disclosing certain Personal Information and/or Sensitive personal data or information to the extent necessary, for the purpose of video or online consultations, (if so required or requested by the Patient(s)), with third party video conferencing/ video communication applications.
• When a User visits the Platform, AVN Clinics will automatically receive the IP address of the User’s computer, User’s operating system and type of web browser that is being used. This will help AVN Clinics to analyse the overall trends which will help the Platform in improving its Services.
• AVN Clinics may publish on its website a testimonial video and/or feedback received from the Patient(s) disclosing requisite Personal Information and/or Sensitive Personal Data Information of the concerned Patient(s) after receiving a no-objection from the said Patient(s).
• Testimonial videos/ feedbacks are not a guarantee of the Services provided via the Platform and are only for promotional purposes.
• h)AVN Clinics has no control over the third party websites that may be displayed as search results or links from within the Services. Such third party websites may place their own cookies or other files on the Users’ computer, collect data or solicit Personal Information and/or the Sensitive Personal Data or Information from the Users, for which AVN Clinics shall not be liable.
• Other parties if so required by any law at the time being in force and in compliance of AVN Clinics’ legal obligation.
• AVN Clinics shall disclose the Personal Information and/or the Sensitive Personal Data or Information to Government agency if so mandated under the law in force at the relevant time.

7.1.3. AVN Clinics has implemented best market practices and security policies, rules and technical measures to protect the Personal Information and/or the Sensitive Personal Data or Information of the User(s) from unauthorised access, improper use, disclosure of data, unauthorised modification and damage or accidental loss.

7.1.4. In the event of any data loss or theft due to unauthorized access to the User’s devices through which the User visits the Platform, AVN Clinics shall not be held liable for any loss incurred by such User.

7.2. The following section is applicable to all Practitioner(s):

7.2.1. Certain information, including Personal Information and/or Sensitive Personal Data and/or Information is collected from the Practitioner(s) during the Registration Process and while entering into an Agreement between the Practitioner(s) and AVN Clinic

7.2.2. The statements in this Privacy Policy are applicable to all Practitioners and the Practitioners are, therefore, required to read the same carefully as mentioned herein before entering into any agreement(s) with AVN Clinics.

7.2.3. The obligations of AVN Clinics as per the Privacy Policy and the Terms of Use also form a part of the Obligations of the Practitioner(s).

7.2.4. In the event that the Practitioner(s) does not comply with the terms as mentioned herein and/or AVN Clinics has reason to believe that the information provided by the Practitioner(s) is false, AVN Clinics reserves its right to remove or delist the Practitioner(s) and cancel any agreement(s) executed.

7.2.5. The Personal Information and/or the Sensitive Personal Data or Information provided by the Practitioner(s) is used to describe their profile on the Platform for the convenience of the Users/Patient(s). While voluntarily providing information to AVN Clinics, the Practitioner(s) gives consent to collect, use, process and/or disclose this information for the purposes of providing Services through the Platform. The Platform reserves the right to use such information provided by or about the Practitioner(s) for publishing it on the Website, contacting Practitioner(s) for new services, providing feedback, and for analysis of data for commercial use.

7.2.6. The Platform lists and displays the Practitioners’ information to help the Patient(s) opt for the suitable Practitioner(s). Such information are also used to help the Patient(s) for booking/ requesting Appointments and to help the Patient(s) locate the Practitioner(s) clinics for In-Clinic Appointment/ consultations.

7.2.7. The website displays only that information which is provided by the Practitioner(s) to AVN Clinics. AVN Clinics will not be liable for any discrepancies or wrong information provided by the Practitioner(s) and the Practitioner(s) will be solely responsible for the same.

7.2.8. AVN Clinics also requests the Practitioner(s) to inform us immediately if there are any discrepancies, changes or updates to such information.

TRANSFER AND SECURITY OF PERSONAL INFORMATION AND/OR SENSITIVE PERSONAL DATA OR INFORMATION

8.1. The Personal Information and/or the Sensitive Personal Data or Information of the User(s) is maintained by AVN Clinics in a secure and confidential manner. AVN Clinics may also keep the records of electronic communications with the User(s) through the Platform for the limited purpose as stated herein in the Privacy Policy and for customer support, research and development, for administrative purpose and for better display of Practitioner(s).

8.2. The Personal Information and/or the Sensitive Personal Data or Information of the User(s) may be transferred to and maintained on a secured/ encrypted database outside your State or country and the laws might differ accordingly.

8.3. User(s) agrees and understands that the Personal Information and/or the Sensitive Personal Data or Information provided by the User(s) are shared with the employees of AVN Clinics on need-to-know basis for the purpose of rendering Services to the User(s).

8.4. User(s) understands that all the employees of AVN Clinics, who have access to such Personal Information and/or the Sensitive Personal Data or Information are obligated to keep the same confidential. AVN Clinics is committed towards maintaining the Personal Information and/or the Sensitive Personal Data or Information of the User(s) secret and confidential.

8.5. AVN Clinics may transfer the Personal Information and/or the Sensitive Personal Data or Information to any third party including the Practitioner(s) for providing better Services on behalf of AVN Clinics. The third party and the Practitioner(s) shall also maintain and ensure protection and confidentiality of the Personal Information and/or the Sensitive Personal Data or Information of such User(s).

8.6. If AVN Clinics or its subsidiaries, if any, are involved in a merger, acquisition or asset sale the Personal information and the Personal Information and/or the Sensitive Personal Data or Information of the User(s) may be transferred in accordance with law and also in accordance the agreements executed for such merger(s)/ acquisition(s)/ asset sale(s).

8.7. The Platform takes all reasonable precautions to protect the Users’ data (whether online or offline) and User(s) Personal Information and/or the Sensitive Personal Data or Information.

8.8. For providing Services to the User(s), the Personal Information and/or the Sensitive Personal Data or Information of Users shall be shared with the Practitioner(s) opted by such User(s). The Platform may, therefore, retain and submit all such records to the appropriate authorities, or such Practitioner(s) who request access to such information as mentioned herein.

9. AMENDMENTS IN PRIVACY POLICY

AVN Clinics may update the Privacy Policy from time to time. The Platform will notify the Users of any changes by posting the new Privacy Policy on the Platform.

The Users are advised to review this Privacy Policy periodically for any changes. Use of information AVN Clinics collects, is subject to the Privacy Policy in effect at the time such information is used. Your continued use of the Services following the posting of changes to this Privacy Policy will constitute Your consent and acceptance of those changes.

10. RESTRICTIONS ON USAGE

10.1. You are not permitted to host, display, upload, modify, publish, transmit, update, share or distribute any information that:

• belongs to another person and over which You have no right upon;
• is defamatory, obscene, pornographic, grossly harmful, harassing, blasphemous, defamatory, paedophilic, libellous, invading another's privacy, including bodily privacy, insulting or harassing on the basis of gender, hateful, libellous, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any way;
• harms minors in any way; infringes on the rights of minor;
• infringes on any patent, trademark, copyright, or other proprietary rights; violates any current law;
• deceives or misleads the addressee about the origin of such messages or knowingly and intentionally communicates any information which is patently false or misleading in nature, conveys any extremely offensive or frightening material; impersonates another person;
• includes software viruses or any other computer code, files, or programmes designed to disrupt, damage, or limit the functioning of any computer resource;
• threatens India's unity, integrity, defence, security, or sovereignty, cordial relations with foreign nations, or public order, or causes incitement to the commission of any cognizable offence or inhibits the investigation of any offence, or insults any other nation;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

10.2. AVN Clinics reserves the right to delete any content and/or remove any non-compliant information from the Platform that violates any of the foregoing criteria.

10.3. AVN Clinics also reserves its right to terminate the access to any User(s) immediately in case of non-compliance with the Terms of Use and the Privacy Policy.

11. CONSENT TO THIS POLICY

User(s) voluntarily acknowledges that this Privacy Policy is a part of the Terms of Use of the Platform. User(s) agrees that visiting the Platform or utilising the Services of the Platform the User(s) signifies its consent to this Privacy Policy. User’s visit to the Website/ Platform and use of the Services is subject to this Privacy Policy and the Terms of Use.

12. JURISDICTION

12.1. This Agreement is governed by Indian law, which includes, but is not limited to, the following:

• The Indian Contract Act, 1872;
• The (Indian) Information Technology Act, 2000;
• The (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and
• The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

12.2. This Platform was created in the Indian state of Maharashtra. The laws of the State of Maharashtra will apply to this Agreement. You consent to the jurisdiction and venue of the courts in Mumbai, Maharashtra, India in connection with any action, suit, process, or claim arising under or by reason of this Privacy Policy by using this Platform.

13. GRIEVANCE CELL

If any User(s) have any questions regarding this Privacy Policy, access or usage of computer resource, and/or to register any complaint such User(s) can approach the Grievance Officer appointed by AVN Clinics. The User(s) may reach out the Grievance Officer vide an email addressed to gro@avnclinics.com, the official email-id of the Grievance Officer.