Terms Of Use And Privacy Policy

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Terms Of Use And Privacy Policy
Terms Of Use And Privacy Policy
Terms Of Use And Privacy Policy
Terms Of Use And Privacy Policy

This Privacy Policy Notice explains how we use the personal information that Diagno Intelligent Systems Private Limited in relation to our Website: https://www.diagnointelligent.com/ and our mobile application, product and service of: iOsteoporos Screen (“Privacy Notice”) as updated from time to time. 

Diagno Intelligent Systems Private Limited is having its company registration number CIN U24303TN2020PTC138905 and its office located at Plot Number 92, 4th Street, Vimala Nagar, Medavakkam, Chennai-600100, Tamil Nadu, India (hereafter “Diagno Intelligent”, “we”, “us” or “our”) collects, uses or processes your (“you” or “your” or “Customer” or “User”) personal data. This Privacy Notice is applicable when you use our Website: https://www.diagnointelligent.com/ along with any webpages thereof or Diagno Intelligent’s proprietary AI-Powered mobile application i.e., iOsteoporos Screen App (the “Website” and “Application” respectively) or Diagno Intelligent’s proprietary AI-Powered Screening Software or SaaS Platform: iOsteoporos Screen (collectively the “Product or Service”). 

DIAGNO INTELLIGENT (“COMPANY”) is the Owner and Operator of the website, mobile application, SaaS, and Desktop Computer versions of iOsteoporos Screen (henceforth referred to as the “Platform”).

Information Technology Act, 2000 (IT Act), Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Personal Data Protection Bill, 2019 (PDPB), Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002, National Digital Health Blueprint (NDHB),  Guidelines for Artificial Intelligence (AI) by NITI Aayog, Health Insurance Portability and Accountability Act (HIPAA) equivalent in India are just a few of the laws and regulations that this privacy notice will make sure are followed.

You accept and agree to the data processing detailed in this Privacy Policy Notice, our Website Terms and Conditions, and related agreements by accessing our website or by using the Application, Product, or Service mentioned above. In the event that this Privacy Notice changes in the future, we will let you know by updating our website or in another manner. You acknowledge and accept the amended Privacy Notice by using the Application, Product, or Service after being made aware of these changes.

Diagno Intelligent makes every effort to safeguard your personal information as securely and safely as possible. As explained below, Diagno Intelligent may collect and use your personal information, or it may share it with third parties for use on Diagno Intelligent’s behalf. This privacy notice describes the data we may collect about you and its possible applications. With our permission, you must be older than eighteen to utilise our application, product, or service. Our policy is that we do not knowingly collect, utilise, or disclose personal information on users under the age of 18.

I. About the Application: iOsteoporos Screen

DIAGNO INTELLIGENT (Company) is the sole owner and operator of the Platform/ Applications/ Service, which encompasses both the website, mobile application, SaaS, and Desktop

Before choosing to use this service from DIAGNO INTELLIGENT, please read the Terms of Use (“Terms”) and Privacy Policy (“Privacy Policy”/”Policy”) listed below. Following a FREE trial period and the terms listed below, using this service or product will require payment of a charge.

When you click “I Accept,” you acknowledge that you have read, understood, and agree to be legally bound by these terms and conditions.

Terms of Use  

1) For a seamless experience on our Platform, Company (DIAGNO INTELLIGENT) requires you to create an account. This involves sharing some basic information, such as your name, email address, contact number, and any other details necessary for the Company to provide our Services effectively

2) The Platform of the Company offers a FREE Trial Period, during which each User can assess up to total of 10 X-ray images and receive a fully automated computerized test result report. Once the trial quota is reached, our services are chargeable and will be informed. Please note that all fees paid for our services are non-refundable and non-transferable.

3) The report and the information supplied by the company are meant to be informative only and should not be used in place of expert medical advice or treatment for any particular medical or bone health issue.

 

4) The Company provides assessment services and reports on an “as is” basis, without any guarantees or warranties regarding their accuracy, completeness, or reliability. Our reports are intended to provide general information and should not be considered definitive or conclusive evidence of findings.

5) The computerised reports and information generated while using the Platform are intended solely for risk assessment and should not be considered as diagnosis or medical advice. If you have concerns about your bone health, consult a qualified healthcare professional. We disclaim all warranties and representations regarding the services provided on the Platform, including professional qualifications, quality of work, and expertise.

6) You agree that the Company may collect, use, and share your information with third-party providers to deliver our services. Our Privacy Policy governs how the Company handle your data, including collection, storage, use, and transfer. By using our services, you consent to these practices.

7) You acknowledge that you will not attempt to evade, disable, or disrupt the Platform’s security features, including those that restrict content usage, copying, or distribution. This includes adhering to all applicable usage limitations and respecting intellectual property rights.

8) By registering with our Platform, you acknowledge that Company may use your personal information for purposes such as health updates, marketing, and transaction processing (including registrations, bookings, payments, cancellations, etc). To maintain the integrity of our services, it is crucial that you provide authentic and accurate information during registration.

9) The Company does not guarantee, endorse, or assume liability for any third-party content, products, or services advertised or available on the Platform, except for explicitly provided Services.

10) The Company disclaims all liability for delays, disruptions, or failures caused by infrastructure-related issues, including server downtime, network outages, and connectivity problems, which are beyond our reasonable control.

11) The Company operates the Platform from India, and the Company make no claims regarding the Platform’s availability or suitability outside India. If you access the Platform from another country, you acknowledge that you do so voluntarily and at your own risk. You are solely responsible for complying with all applicable local laws and regulations.

12) You represent and warrant that all information submitted to the Company is accurate, complete, and not misleading. You further agree to provide any additional documentation required by the Company to verify the information provided or to comply with regulatory requirements.

13) The Company reserves the right to modify prices for Services on this Platform at any time without prior notice. The price in effect at the time you place your request will be the applicable price for that Service.

14) All intellectual property rights to the Platform, including its idea, content, trademarks, designs, logos, test result report, and other proprietary elements of trade used on the mobile application, SAAS, and Desktop version, vest solely with the Company and its licensors. These rights are safeguarded under Indian and international laws governing patents, copyrights, trademarks, trade secrets, and other forms of intellectual property.

15) The Platform’s osteoporosis screening capabilities, powered by our patented AI technology, are optimized for Indian post-menopausal women and older adults (both male and female). We cannot ensure accurate results for individuals outside these specified age groups and other ethnic counterparts, and we encourage such users to consult with healthcare professionals for personalized assessments.

II. Collection and Process of Personal data by Diagno Intelligent

Three different sets of personal data are received, processed, and stored by Diagno Intelligent. On the application, we will handle the following personal information:

A).User profiles: Name, E-mail address at the time of sign up, Mobile Number at the time of sign up

B).Health Information: a). An anonymised chest X-ray image (in JPG or DICOM format) of a qualified patient (geriatric patients and postmenopausal women only), devoid of any personally identifiable information; b).To create an automated computerised test analysis report, the patient’s age and sex must be required.

C).Usage of data: i). Details about your experience with the application, such as what you uploaded, how long you spent using it, how many uploads you made, how quickly pages responded, any upload or save result errors you encountered, how much time you spent consulting, how often you used the application, and other information like your feedback; ii). Content that you upload, post, or contribute to the Application, Product, or Service;

The IOsteoporos Screen Application, Product, or Service is used to process a health information data. As a user, you upload the data to the platform, and Diagno Intelligent acts as the Data Processor on your behalf, acting as the Data Controller. With Diagno Intelligent, the Application/ Product/ Service provider, acting as the Data Processor and you, the user, acting as the Data Controller for the data listed in the aforementioned Clause-II (B), you acknowledge and agree to the terms of the Data Processing Agreement, which will go into effect on the day you use the Application, Product, or Service for the first time. The Data Processing Agreement outlines the kinds of processing we are permitted to carry out on your behalf about Data Subjects in situations where you are the Data Controller.

You must only provide us with information on third parties if you have the express consent and authority of the Data Subjects or your patients to do so, or if the information is publicly available. It is your obligation to get all informed, signed, verbal, or tacit consents from Data Subjects, your patients, or other similar data owners as needed by applicable legislation. By using the Services, you acknowledge that you have received these consents legally and that Diagno Intelligent may access them for an audit upon request. You understand that we will rely on you to provide us with up-to-date, accurate, and thorough information.

III. Process of Personal Data by Diagno Intelligent

The personal data sets mentioned above will be processed by Diagno Intelligent for the following reasons:

Enable you to modify and improve your experience with the Application, Product, or Service; to activate and supply the Services and integrate them with external services; to manage and authenticate your account; to supply the Application, Product, or Service in compliance with the Application, Product, or Service’s Terms and Conditions;Send you emails or other alerts or messages, including promotions for our Application, Product, or Service as well as those of our partners;

a) Enable you to modify and improve your experience with the Application, Product, or Service; to activate and supply the Services and integrate them with external services; to manage and authenticate your account; to supply the Application, Product, or Service in compliance with the Application, Product, or Service’s Terms and Conditions;


b) Send you emails or other alerts or messages, including promotions for our Application, Product, or Service as well as those of our partners;


c) Notify you of modifications to the terms and conditions of the Application, Product, or Service;

d) Evaluate your usage of the Application, Product, or Service and either develop a new one or make modifications or improvements;


e) Ensure that the Application, Product, Service, or operates technically and to cease using it in a way that violates the terms (including the terms and conditions and any other terms relevant to the product, service, or application);


f) Enforce the Terms and any additional Terms (including the Universal Terms and any other terms pertaining to Application or Services), and to safeguard our rights, property, and safety as well as the rights, property, and safety of third parties, as necessary;


g) Fulfil our obligations as data processors


h) Adhere to and fulfil our obligations regarding the rights of the data subject and legal mandates (Clause-VIII);


i) Provide customer service and respond to your enquiries;

If you do not give us the Personal Data listed in Clauses-II as previously said, we will not be able to offer you our Application, Product, or Service. In order to engage into the Terms & Conditions with you and to uphold our contractual relationship, we must process the aforementioned personal data. Diagno Intelligent will serve as a data processor for the information gathered. As previously stated, the data outlined in Clause-II (C) is solely collected and used for platform efficiencies and problem solving; it is not used to identify you as a user, unless formal legal investigations demand it. As previously mentioned, Diagno Intelligent processes your personal data in a way that serves its legitimate interests. Preventing fraud, ensuring proper IT security by recording your use of our services, and protecting them from cyberattacks are our valid reasons for processing data. We also keep records to improve and maintain our services.

 

  1. IV. Disclosure of Personal Data

We may be obligated to provide your personal information to other parties under certain circumstances. These circumstances include disclosure to the following: a).our service providers who gather and store information from website visitors; b).our marketing and advertising departments, subject to relevant legal bases such as consent, which permit us to send you customised advertisements on your devices or may get in touch with you by phone, email, SMS, or other channels; c).Governmental agencies, in cases where doing so is required by law; and other parties, to whom you have granted permission.

We attest and acknowledge that we never utilise or provide personal information to outside parties for profit. We disclose and share your personal data with companies with which we have contracts. These companies mostly provide IT assistance, storage, data analytics, advertising, and other services that we require to run and improve our offerings. While using our services, you may be redirected to other websites, and we have no control over the personal information that these websites collect. Their privacy notice will apply to the personal data that is gathered about you on these other websites.

 

  1. Cookie Statement

We use cookies to improve your experience and provide personalized content. By continuing to use our website, you agree to use cookies. Cookies are small text files that are placed on your device when you visit a website which recognizes your device, remember your preferences, track how you use the website and provide a better user experience. Your browser’s options allow you to manage and control your cookie preferences. Note that turning off some cookies may affect how you use our website.

 

VII. Your consent

By contacting us, subscribing to our newsletter, you consent to the processing for the purposes contained in Clause-II(b), referred above which includes processing of your name, gender, contact details and preferences as set out in this Privacy Notice By accepting Diagno Intelligent’s Terms, we process your Personal data to be able to fulfil our agreement with you for the purposes listed above in clause III. Diagno Intelligent will process Personal data if it has a legal obligation to do so to fulfil requirements by law as pointed out in clause VIII below’. 

VIII. Data Subject Rights

The data subjects may be entitled to a variety of the following rights regarding their personal data:

a) Right to make a subject access request (SAR): Copies of their personal information may be requested in writing by data subjects. However, there are restrictions and exclusions, as well as other people’s rights, that apply to complying with such demands. It should be obvious in every request that a SAR is being submitted. Additionally, you can be asked to provide identification documentation and, if appropriate, any legal fees.

b) Right to rectification: Data subjects have the right to request that any incomplete or erroneous personal information be corrected.

c) Right to withdraw consent: Data subjects have the right to revoke their consent at any time to the processing of their personal data that we do based on that consent. The validity of processing based on such prior permission will not be impacted by such a withdrawal.

d) Right to object to processing including automated processing and profiling: Regarding Data Subjects, we don’t make decisions automatically. Nonetheless, we can depend on data from outside sources, such credit reference organisations, which might assign scores to Data Subjects based on automated judgements. For business administration objectives, profiling may be done to track user visitation patterns to our website, diagnointelligent.com. Unless we have a compelling, overriding, legitimate reason to continue processing, or we have another legal justification to deny a valid objection request, we shall comply with it. Every legitimate choose not to participate request pertaining to marketing communications will be complied with.

e) Right to erasure: Data subjects have the option to request that their personal information be deleted. Unless there is a valid reason not to, we shall cooperate. For instance, there can be a compelling legal need to retain the personal information, such as our need to maintain business records.

f) Right to data portability: In some cases, data subjects can ask the controller to give them a copy of their personal information in a machine-readable, structured, and widely-used format so they can transfer it to another company that offers the same or comparable services. We do not believe that our services are covered by this right. We will, however, abide by such a transfer request to the degree that it does. Please be aware that moving to a different provider does not mean that the data subject’s personal information will be deleted; it may still be kept for valid and legal reasons.

g)Restriction: In a number of situations, data subjects may ask us to limit how we process their personal information. Unless there is a legitimate reason not to, including a legal requirement to keep processing your personal data in a particular manner, we will comply.

h)Right to lodge a complaint with the supervisory authority: For any enquiries or grievances regarding our handling of their personal information, we advise Data Subjects to get in touch with us. Every Data Subject, however, is entitled to speak with the appropriate supervisory authority directly: Dr.M.Anburajan, Mobile: +91 9790840279

IX). Intellectual Property Rights

1). The Company and its content providers retain all rights to the Platform’s content, which includes, but is not limited to, graphics, text, icons, interfaces, video and audio clips, logos, photographs, reviews, comments, and software. This content is safeguarded by Indian and international copyright laws, as well as other relevant intellectual property laws. Unless explicitly permitted in writing by the Company, users are prohibited from reproducing, modifying, distributing, or displaying any content from the Platform. The Company respects the intellectual property rights of others. All trademarks, brands, and copyrights not owned by the Company remain the property of their respective owners. When using materials from the Platform, users must adhere to the following guidelines: do not modify printed or downloaded materials, and do not extract or use individual elements such as images, audio or video clips, or graphics without the accompanying text.

2). Users are prohibited from using any content on the Application for commercial purposes without obtaining explicit written consent or a license from the Company or its licensors. Failure to comply with these terms will result in immediate termination of the user’s right to use the Platform. In such cases, the user must return or destroy any copies of the materials made.

X).Disclaimer

1). The Platform and Applications, offered by the Company is intended for use by qualified healthcare professionals, healthcare facilities and medical research institutions to screen post-menopausal women and geriatric population of both females and males only using the chest X-ray; it is not applicable to other imaging modalities.

2). The Platform and Applications are a quick screening tool for early detection of osteoporosis and its associated fractures, assisting diagnosis but not replacing medical expertise; its predictions require doctor’s advice and clinical confirmation.

3). The Platform and Applications are not intended to replace the medical judgment of a healthcare professionals, but rather to provide additional information to support clinical decision-making.

4). The Company does not provide any warranties or assurances regarding the accuracy, completeness, or reliability of the Platform/ Applications and its contents. By using the Platform, you acknowledge that the Company, its contractors, partners, and employees are not responsible for any damages, including indirect, incidental, consequential, or punitive damages, arising from the use of or access to the Platform’s content.

 

5).The Company expressly disclaims all responsibility for any losses, damages, or acts brought on by the following: Any information, including mistakes or omissions, the ability to access and/or utilise the application’s content, the loss of information, income, profits, or property due to content-based decisions, and the virus infection or other technologically hazardous material contamination that could impact computer hardware, software, data, or other proprietary materials. This disclaimer covers using our application, downloading content from it, and visiting any websites that are connected to it. You confirm that you have read and agree to this disclaimer by utilising our Platform & Applications.

6). The Applications & Products of the Company are intended to comply with the existing regulations, but it is the responsibility of the users to ensure compliance with all applicable regulations.

7). The Applications & Products are protected by copyright law and may not be reproduced, distributed, or displayed without permission. The Applications/ Product’s name and logo are trademarks and may not be used without permission.

XI. Personal data of children under the age of 18

The iOsteoporos Screen Application/ Product/ Service, and its marketing are not intended for children under the age of eighteen. No one under the age of eighteen is allowed to register for the Service or be purposefully prompted for information on the Website. You pledge that as soon as you learn of any personal information you may have gathered from anyone under the age of 18 without consent from a parent or legal guardian, you will take it down. To collect, use, or disclose Personal Data about a child, you must have verifiable parental consent (or the child’s legal representative’s consent) in accordance with the Children’s Online Privacy Protection Act (‘COPPA’), the GDPR, and other Personal Data Protection laws (as those may apply). Please email us to: info@diagnointelligent.com to exercise your rights to access, rectification, deletion, limitation of processing, and objection if you are a parent or guardian of a person under the age of 18 and you learn that the child has given us personal information without your consent.

XII. Security Practices

We are very concerned about the protection of personal information. In order to guarantee that we employ best-in-class services while delivering secure information transfer from your device, Diagno has taken considerable care to manage the security and integrity of the services. Only those officially authorised individuals, officers, employees, or agents of Diagno who require access to your information in order to perform their duties are permitted access to the secure environments where personal data obtained through the Services is kept.


Any individual who breaches our security or privacy standards faces disciplinary action, which may include civil and/or criminal prosecution as well as the termination of their Diagno contract. Diagno employs cutting-edge technologies to guarantee the highest level of security, such as employing multiple firewall protection levels and encrypting personal information. Therefore, even though we work hard to safeguard your personal information, you understand that: i).Internet has security and privacy limitations that are out of our control; ii).we cannot guarantee the security, integrity, and privacy of any information and data that you and we exchange via this website; and iii). any information and data may be viewed or altered by a third party while in transit.

 
XIII. Grievance Officer

Please write our grievance officer, Dr. M. Anburajan, at diagnointelligent@gmail.com if you would like to exercise your rights or if you have any concerns or questions about how we treat your personal data. Please include your full name, username (if you are a user), and the institution you are affiliated with in your message or email. Please take note that in order to obtain information about how your personal data is processed, you must sign the request.

XIV. Notice of Changes to the Privacy Notice 

Before such changes take effect, we will post a copy of the amended policy on our Services to let you know if we make any changes to this Privacy Notice. Before such changes take effect, we will publish a copy of the revised policy on our services. As appropriate under the circumstances, we will give you further prominent notice and request your approval in line with applicable legislation if the changes need it.

XV). Declaration by the User

  • I hereby acknowledge that I have read, comprehended, and accepted the Terms and Conditions of using the Platforms/ Applications that the Company (DIAGNO INTELLIGENT) has made available to me.
  • I am aware that the purpose of the Platform is to deliver the service, and that it is my duty to use the Platform in compliance with its Terms and Conditions.
  • I acknowledge that this Platform/Application is intended for osteoporosis screening and fracture risk assessment in specific Indian patient groups, including post-menopausal women and geriatric populations (both male and female), using a standard standing chest X-ray PA view of the required image format with artifact-free good image quality,
  • I understand that the results produced by the Platform are dependent on the data and information I supply, and that the Platform leverages AI programming with DL and ML algorithms to deliver the service.
  • I understand that I shouldn’t rely only on the Platform’s findings and that it is not intended to replace existing clinical testing or the medical advice of healthcare professionals.
  • In the event that I utilise the Platform, I undertake to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, and expenditures.
  • I acknowledge that the Company reserves the right to modify or update the Platform at any time without notice.
  • By using the Platform, I hereby declare that I have read, understood, and agreed to the Terms and Privacy Policy of use.
  • I have read these Terms and Privacy Policy, comprehended all of its contents, and willingly consented to use the aforementioned Service (Applications), through the Platform, given by the Company