Privacy Policy

This Privacy Policy("Privacy Policy") describes what information Nucommerz ventures Private Limited ("Company"), as the operator & owner of the Platform, may collect from a user ("You","Your" or "User"), on or through our mobile application (the "App"), directly (the owner and the operator of the Platform are referred collectively as "We"/"Us"/"Our") or in relation to services otherwise rendered by us (collectively "Platform"), including our facilitation through the Platform, of purchase of pharmaceutical drugs from Retail Pharmacies, 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 pharmaceutical, nutraceutical, over the counter products and such other products as ordered by you through the App, and scheduling 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 using Our App, or 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 Policy is incorporated by reference into the Terms. Any capitalized terms used but not defined in this 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 Practicesand Procedures and Sensitive Personal Information) Rules, 2011 ("SPDI Rules"); and
• Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 ("Intermediaries Guidelines").

General Terms:

• By accessing or using the Platform or the Service, or by otherwise giving Us Your information, You confirm that You have the capacity to enter into a legally binding contract under Indian law, in particular, the Indian Contract Act, 1872, and have read, understoodand agreed to the practices and policies outlined in this Privacy Policy and agree to be bound by the Privacy Policy.
• You hereby consent to Our collection, use, sharing, and disclosure ofyour information as described in this Privacy Policy. We reserve the right to change, modify, add or delete portions of the terms of this Privacy Policy, at our sole discretion, at any time, and any continueduse of the App, the Services or the Platform, following any such amendments to the Privacy Policy, will be deemed as an implicit acceptance of the Privacy Policy in its amended form. You are requested to review the Privacy Policy from time to time to keep yourself updated with any changes, modifications made to the terms hereof.
• If You are accessing or using Services on the App from an overseas location, You do so at your own risk, and shall be solely liable for compliance with any applicable local laws.
• If You do not agree with any of the terms and conditions of this Privacy Policy, please do not proceed further to use this App or any Services. This Privacy Policy is subject to change at any time withoutnotice. To make sure You are aware of any changes, please review this policy on this App periodically

1. What information About You is collected on the Platform?

When You access 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:

• Information You Give Us: We receive and store any information You enter on Our Platform or provide us in any other way. When Youregister on the App, We collect registration details such as phone number, name, geographical address and email address. We verify Your phone number with the help of a one-time password sent to Your phone number.We may also collect information required for providing You Services on the Platform including, items you place in the cart, pharmaceutical, nutraceutical products including prescription drugs or over the counter (OTC) products You may order, facilitating booking a consultation with a Medical Practitioner, scheduling diagnostic tests, etc. You can choose not to provide certain information, but then You may consequently not be able to take advantage of many of Our features.We may also collect sensitive personal data or information ("SPDI")about You when You use Our Service(s) on the Platform. This information includes health information We receive from You or, on your behalf, such as information or records relating to Your medical or health history, health status and laboratory testing results, detailsof treatment plans and medication prescribed by a Medical Practitioner, dosage details such as frequency of dosage, alternativemedication, medicines ordered by You through the Platform, diagnostic results, other health-related information and any other information inferred therefrom. We may also collect payment information such as Your payment card number, expiration date, billing and shipping address. By using the Service, You consent to the recording, storage, and disclosure of such communications You send or receive for these purposes. We may also store and process prescriptions, treatment notes, recommendations and other data generated by Medical Practitioners on or through the Platform, and data shared by third-parties such as diagnostics related information;prescription related information etc and may retain such material for our records for the duration of you availing the Services or for any such period required or permitted under applicable law.
• Information from Other Sources: We might receive information about You such as order details, your details shared with Our partners etc. from other sources including from Our partners, advertisers or third parties registered on the Platform and add it to Our account information.
• Cookies and Other Tracking Technologies: We utilize "cookies" and other tracking technologies. A "cookie" is asmall text file that may be used, for example, to collect information about activity on the App. Some cookies and other technologies may serve to recall information previously indicated or submitted bya user. Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that our App is accessed. Our use of cookies and other tracking technologies allows Us to improve our App and Your experience.At all times, You may refuse all cookies on Your browser or the App by changing Your settings to the extent permissible on your device. However, by doing so, You may not be able to use certain features on the Platform or take full advantage of all the offerings and interest-based advertising. You can remove cookies by following directions provided in Your mobile's "help" file or the browser.
• Third party tools and software: We use third party SDKs in our App. Majority of them are different payment options by which You can make a payment for an order. In order to enhance Your personaland overall experience some of the tools are used therein.
• Automatic Information: We receive and store certain types of information whenever You interact with Us. We may also receive/store information about Your location and Your mobile device, including a unique identifier for your device. We may use this information for internal analysis and to provide You with location-based services, such as advertising, search results, and other personalized content.

The IT Act and the SPDI Rules regulate the collection, usage, retention anddisclosure 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 to Our use, collection and disclosure of the personal information and SPDI. You may choose to not provide Us with personal information and SPDI, but in the event that You do so, we will be unable to provide you access to Our App or purchase products or provide Services through Our Platform.

2. How do we use the information we collect

• We use information We collect, in a variety of ways in order to provide the Services on the App and to operate Our business, including the following:
  • To carry out Our obligations arising from Your requests for the products and Services on the Platform;
  • To operate and improve the Platform in order to foster a positive user experience and to improve Our business as a whole;
  • To process and deliver Your order with Us;
  • To enable Your access to Our App to purchase products and provide You Services;
  • To enable You to initiate and consultation with Medical Practitioners or facilitating a diagnostic test;
  • Analysing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.;
  • Research;
  • We use the information that You provide for such purposes such as responding to Your requests, customising Your orders,improving Our Platform or communicating with you
  • For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
  • To comply with applicable law;
  • To conduct audits and quality assessment procedures;
  • To analyse the use of Our resources, troubleshooting problems and improving Our Products and Services, by using the information regarding Your mobile device and software;
  • Contacting users, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
  • To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of Our Terms, oras otherwise required by law;
  • To respond to any queries that You may have, and to communicate information to You, including notifications of anypromotions or alerts, any changes/updates to the App, or the introduction of any future fees or charges that we may collect at the time for purchasing products or provision of our Services to You; or
  • To contact You, by way of SMS, email and phone calls, from time to time to record Your valuable feedback on Our productsand Services, as they currently stand, and/or any potential products and services that may be offered in the future.
• We may use "cookies" information and "automatically collected" information we collect on the Service to (i) personalize Our services,such as remembering Your information so that You will not have to re-enter it during your visit or the next time you visit the Service; (ii) provide customized advertisements, content, and information; (iii) monitor and analyze the effectiveness of the Service and third-partymarketing activities; (iv) monitor aggregate app usage metrics such as total number of visitors and pages viewed; and (v) track Your entries, submissions, and status in any promotions or other activities on the Service.
• 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 Pharmacy Software 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 Medical Practitioner or Pharmacy Software pharmacy.
• 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").

3. Do we share the Information we receive?

• 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 andthat are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. By usingthe 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 asmentioned 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:
  • Retail partners: Some of Your personal information or SPDI will be shared with affiliated retailers, the Retail Pharmacies who supply and service Your order and with the Medical Practitioners. These retailers operate on the Platform or sell medicines and wellness products to You on the App. You can identify when a third party is involved in Your transactions andwe share customer information related to those transactions with that third party;
  • Third Party Service Providers: Some of Our personal information or SPDI may be shared with third party service providers, retailers and logistics providers for the fulfilment of Services and delivery of Your order(s). Examples include fulfilling orders, delivering packages, 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 but may not use it for other purposes. 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 of omissions and commissions of such third-parties associated with us. However, We may facilitate resolving any issue You may face with such third-parties;
  • Legal obligations of the company: 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: (i) conform to legal requirements or comply with legal process; (ii) protect rights or property or affiliated companies; (iii) prevent a crime or in interest of national security; or (iv) protect personal safety of our users orthe public. We may also disclose Your personal information to enforce or apply Our Terms and other agreements; or protect the rights, property or Our safety, safety of Our users or others. This includes exchanging information with other companies, organisations, government or regulatory authorities for fraud protection and credit risk reduction;
  • 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 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, for improving Our Services and aiding You in procuring targeted consultation for any underlying medical condition. We may transfer such personal Information and SPDI to a third party, including persons outside India, to improve product and 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.
• Transfer to third parties and outside India
  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 underthe terms hereof, located in India or any other country.By using the App, You accept the terms hereof and hereby consent to Us, sharing and/or processing Your personal information and SPDIwith third parties and in any of location outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred accords same level of data protection as would be afforded under Indian law.

4. How Secure Is Information About Me?

• We maintain electronic, physical and procedural safeguards in connection with the collection, storage and disclosure of personal information (including sensitive personal information). 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 ofYour information as per the international standards on "Information Technology Security Techniques Information Security Management System-Requirements".
• 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 passwordof Your account on 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 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 priorconsent before disclosing Your information in case the information isdemanded 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 forany 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.

5. What Information Can I Access?

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. 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.

6. Are Children Allowed to Use the Platform?

Use of 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 informationhas been collected on the Platform from persons under 18 years of age, then we will take the appropriate steps to delete this information.

7. Third-party links

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 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 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, products 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 shallnot 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.

8. Retention of Information

• 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: (i) the purposes for which your SPDI has been collected have been fulfilled; and (iii) retention is no longer necessary for any other reason, or under applicable law.
• 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 purchases of products and 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 deliver Our products or 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 deliver you products or 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.

9. Changes to your Information

You may review, correct, update, change the information that you have provided by logging into your account. However, You are not permitted to delete any part of the personal information or any other information generated on the Platform or request Us to delete the same. 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 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 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 products and 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.

10. Notices

If You have any concern about privacy or grievances on 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:Himanshu Shah
Address:1004, 10th floor, Shanker Park, Shankar Lane, Kandivali West, Mumbai, Mumbai City, Maharashtra, India, 400067
E-mail:mpos@nucommerz.ventures
We shall endeavour to resolve Your grievances within one month from thedate of receipt of such grievance.

11. Miscellaneous

• 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 App, You understand and agree thatYou assume all responsibility and risk for Your use of the App, the internet generally, and the information You post or access and for Your conduct on and off the App.
• 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 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.
• 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.

12. Distributor Invoice Upload

You provide an explicit consent to Us for the following:

• Process distributor invoices from third party distributor ERP systems that are expressly authorized by You to consume in the pharmacyapp application.
• Giving an access to Your email is sought to provide a holistic view of injecting your purchase invoices which includes details such as total amount due, products purchased, schemes applied, discounts, invoice details and offers etc.
• We shall securely store account details for each of Your authorized accounts, including your sign-in username and authorization tokens for tracked accounts. This information will be used to enable Us to automatically access Your applicable purchase invoices to analyze, extract, and store information securely from such accounts for use in the Application.

13. GOOGLE ACCOUNT EMAILS (GMAIL)

The User may also choose to provide explicit consent to connect/integrate the User's Gmail account(s) with his/her account on the Platform. You will be expressly asked in each case particularly, whether You want to connect Your email address with Your account on the Platform. You can also choose to enable Our access to one or more of Your email accounts by connecting such account(s) with Your account on the Platform. The following are the information collected from Your consented email accounts:

• The attachments from the distributors who have the details of your purchases. pharmacyapp organizes this information in your account to provide faster processing of invoices and injecting them in your accounting system.
• We access your Gmail account and seek your explicit consent in auto tracking your purchase invoices and other challans or bills. You can choose to provide explicit consent to connect your Gmail account with pharmacyapp account (using Google's OAuth authentication method), so that the application / website can “read only” the attachment from a small white listed set of senders specifically comprising under the said terms which can be read https://pharmacyapp.in/pharmacyapp-autotrack-connect-terms.
• The benefit of opting to connect your Gmail account is that your purchases from the distributor are process on a click of a button without manually adding each product purchase into the application. Given the updated information, the application can hence give you deep and accurate analytics about your pharmacy store.
• Once connected, the Platform will securely access and analyse the contents of emails consisting of 'read-only' including but not limited to the attachments from selected list of senders, for the purpose of managing and tracking the User's purchase data and financial details and history.
• Please note that such data obtained by this integration will be used by the Company solely for providing the Services, updating the User's inventory and payments data on a monthly/ quarterly / annual basis, providing accurate analytics on the User's purchase and inventory and further improving the User experience pertaining to the features of the Platform. We shall not use or transfer any data or information received from the integration of the email addresses with the account on the Platform to third parties for any purpose other than as explicitly authorised by the User.
• We encourage the User to review the information prior to giving consent for integration of the email address with the account on the Platform. You can choose to de-link your Gmail account with the application at any time and/ or you can delete your information by writing to mpos@nucommerz.ventures.
• Please note we will never rent or sell your information or data to anyone. We never use or transfer the data collected on our application for serving ads, including retargeting, personalized, or interest-based advertising.
• This act of connecting your Gmail accounts with pharmacyapp accounts comes under the “Restricted scopes” under Google API services user data policy. Please also refer to Privacy Policy with respect to the restricted scope as mentioned in the sections below.

14. Security

• We understand the serious implications of data security and take extensive measures to ensure Your data and information is secured. We take extensive technical and legal measures to safeguard Your personal data and information.
• The Platform uses a reliable SSL certificate to ensure Your personal data and information is not misused in any manner whatsoever. We use SSL encryption when transmitting certain kinds of information, such as financial services information or payment information.
• Our employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User's personal information or sensitive personal data and information.
• We have put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data and information from the point of collection to the point of destruction. Any third-party data processor to which We transfer personal data and information shall have to agree to comply with those procedures and policies or put in place adequate measures on their own.
• No administrator of the Platform will have knowledge of Your OTP. It is important for You to protect against any unauthorized access to Your OTP, Your contact details and Your mobile phone. Ensure You log off from the Platform when finished. We do not undertake any liability for any unauthorized use of Your account.
• If You suspect any unauthorized use of Your account, you must immediately notify Us by sending an email to mpos@nucommerz.ventures. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account. Please note that We make all User information accessible to Our employees, agents or partners and third parties only on a need-to-know basis and binds only its employees to strict confidentiality obligations. However, We are not responsible for the confidentiality, security or distribution of Your personal information by Our partners and third parties outside the scope of Our agreement with such partners and third parties.
• In case there is any breach of security, We will make all legally required disclosures concerning the breach and the confidentiality, or integrity of Your unencrypted electronically stored "personal information" to You via email or By posting it on Platform without any unreasonable delay, in as far as is consistent with any legitimate needs of law enforcement and any measures required to determine the scope of the breach and to safeguard the integrity of data.
• We at pharmacyapp are committed about our client's data and privacy. We blend security at multiple steps within our products with state-of-the-art technology to ensure our systems maintain strong security measures. The overall data and privacy security design allows us to defend our systems ranging from low hanging issue up to sophisticated attacks.
• If you are a security enthusiast or a researcher and you have found a possible security vulnerability on pharmacyapp, we encourage you to report the issue to us responsibly. You could submit a bug report to us at mpos@nucommerz.ventures with detailed steps required to reproduce the vulnerability.