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This privacy policy (“Privacy Policy” or “Policy”) sets out InnovXcare’s practices in relation to the personal data that is collected on, through, or in relation to (a) the software solution, developed and offered by InnovXcare Solutions Private Limited (“Software”); and (b) InnovXcare’s and SPARK Radiology’s websites (“Website”).

At InnovXcare, we are committed to protecting your personal data and respecting your privacy. This Policy explains how we process and treat personal data when you use the Software or the Website and explains the rights that are available to you. Unless defined in this Policy, capitalised words shall have the same meaning ascribed to them in our Terms and Conditions, available at [insert link] (“Terms”). Please read this Policy in consonance with our Terms.

By using the Software or engaging with the Website, you confirm that you have read, accepted and consented to the terms of this Policy.

1. BACKGROUND AND KEY INFORMATION

(a) About Us:

InnovXcare aims to assist its customers in generating diagnostic reports in a simplified and efficient manner. The terms “InnovXcare”, “we”, or “us” in this Policy collectively refer to InnovXcare Solutions Private Limited. InnovXcare owns the brand SPARK Radiology. If you have any questions on this Policy or how we process or handle your personal data, please contact:

Name: Rakesh B

Designation: Operations Manager

Email: Privacy@SPARKRadiology.com

(b) How this Policy applies:

In this Policy, our customers are referred to as “Customers”. We process the personal data of individuals through the Software strictly on behalf of our Customers’ instructions. We will be considered data processors of our Customers with respect to any processing undertaken on behalf of our Customers in connection with the Software. Customers process personal data in an independent capacity, and have their own privacy policies that we recommend you review.

In certain instances, we may process personal data in an independent capacity.

The terms “you”, “yours”, and “users” across this Policy collectively refer to end users of the Website or the Software.

Notwithstanding our processing of data on behalf of Customers as described above, certain jurisdictions require you to consent to the processing of your data. In this regard and subject to the data protection laws that apply to you, by using the Software or the Website, you agree and consent to the collection, use, storage, disclosure, and sharing of your information as described and collected by us in accordance with this Policy.

(c) Review and Updates:

We regularly review and update our Privacy Policy and we request you to regularly review this Policy. It is also important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

2. DATA THAT WE COLLECT

(a) We collect different types of data, some of which are personally identifiable. We do this to ensure that the Software or Website operates effectively and to provide users with a smooth functional experience. We have grouped the data collected as follows:

(i) User Data or Identity Data, such as your name, username, or similar identifier.

(ii) Contact Data, such as your email address and telephone numbers.

(iii) Demographic Data, which includes your zip code and employment details.

(iv) Commercial, Transactional, and Service-related Data, which would include data required to use the Software such as radiology report corrections, radiology report dictation to the Software, logs of reporting activities and changes and error logs for troubleshooting.

(v) Product Improvement Data, such as radiology report dictation and radiology report dictation to stenographers.

(vi) Usage Data, which includes how the Software or Website is being used, for how long it is used, and when it is used.

(vii) Technical Data, including PACs connection data (i.e. static IP Addresses, port details, etc.), browser types and versions, time zone settings and locations, operating systems, and other technology on the devices you use to access the Software or Website.

(b) We do not knowingly collect or process data of children.

(c) We do not collect any data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, or any information about criminal convictions and offences.

(d) What happens if you refuse to provide your personal data? Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you. In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

3. HOW DO WE COLLECT DATA?

We use different methods to collect data from and about you including:

(a) Direct Interactions. We collect data directly from you if and when you provide it to us through the Software, Website, or any interaction with our team.

(b) Information through Customers. We may receive information about you from our Customers through our referral programs.

(c) Automatic technologies or interactions. As you use, interact with, and navigate the Software, we will automatically collect data about our Customer’s usage patterns. We collect this data by using server logs and other similar technologies.

(d) Information we collect about you and your device: Each time you visit the Website, we automatically collect computer metadata through the use of cookies and other similar technologies to provide, improve, and maintain the Website.

4. HOW DO WE USE YOUR PERSONAL DATA?

(a) We will only use your personal data when the law allows us to. Most commonly, we will use your personal data where we need to perform the contract we are about to enter into or have entered into with our Customers, where it is necessary for our legitimate interests (or those of a third party), or where we need to comply with a legal obligation. We use your personal data for the following purposes:

(i) To carry out our obligations arising from the relationship between us and our Customers, and/or to provide you with relevant information and services.

(ii) To manage our relationship with you which will include notifying you about changes to our Terms or this Policy or asking you to leave a review or take a survey.

(iii) To administer and protect our business and the Software (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data).

(iv) To use data analytics to enhance security and make improvements to the Software and the Website, Customer relationships, and your experiences.

(v) To enforce our Terms and other legal terms and policies.

(vi) To comply with applicable legal requirements, such as government regulations and industry standards, contracts, and law enforcement requests.

(b) Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

(a) We may share your personal data with the parties set out below for the purposes set out in Section 4 above.

(i) External third parties, such as:

• Service providers, including those that provide IT, system administration and cloud storage services.

• Professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance, and accounting services.

• Regulators and other authorities.

(ii) Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the manner set out in this Policy.

(b) We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. CROSS-BORDER TRANSFERS OF PERSONAL DATA

The personal data that we process will be stored in India, unless it is necessary to transfer the data to countries other than India to better serve the use of the Software. Where applicable law permits such transfer, we rely on consent to transfer such data.

7. COOKIES

We use cookies to improve to provide a more personalised experience. By continuing to use the Website, you agree to our Cookie Policy available at Cookie Policy.

8. DATA SECURITY

(a) We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

(b) We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

9. DATA RETENTION

(a) We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation with respect to our relationship with you.

(b) In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.