PLEASE READ THESE PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE.
1. Context & Purpose
1 The domain name www.dawaxpress.com, an internet based portal, is owned and operated by Phlox Laboratories Private Limited, a company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter, referred to as “dawaxpress” or “We” or “Our” or “Us” or “Company”). The domain name and the mobile application are collectively referred to as “Website”.
2 The Website is a platform that facilitates the purchase of pharmaceutical products for sale by various relevant pharmacies (hereinafter referred to as “Services”, with the relevant pharmacies referred to as “Sellers”). The arrangement between the Sellers and name www.dawaxpress.com shall be governed in accordance with this Terms of Use. The Services would be made available to such natural persons who have agreed to become buyers on the Website after obtaining due registration, in accordance with the procedure as determined by dawaxpress, from time to time (referred to as “You” or “Your” or “Yourself” or “User”, which terms shall also include natural persons who are accessing the Website merely as visitors). The Services are offered to the Users through various modes which shall include issue of discount coupons and vouchers that can be redeemed for various goods/ services offered for sale by the Sellers.
3 For the purpose of providing the Services and for other purposes identified in this Privacy Policy, dawaxpress will be required to collect and host certain data and information of the Users. dawaxpress is committed to protecting the personal information of the Users and takes all reasonable precautions for maintaining confidentiality of the User’s personal information. This Privacy Policy has been designed and developed to help you understand the following:
i The type of personal information (including sensitive personal data or information) that dawaxpress collects from the Users;
ii The purpose of collection, means and modes of usage of such personal information by dawaxpress;
iii How and to whom dawaxpress will disclose such information;
iv How dawaxpress will protect the personal information including sensitive personal data or information that is collected from the Users; and
v How User’s may access and/ or modify their personal information.
4 This Privacy Policy shall apply to the use of the Website by all Users / Sellers. Accordingly, a condition of each User’s use of and access to the Website and to the other services provided by dawaxpress to Users is their acceptance of this Privacy policy. Any User is required to read and understand the provisions set out herein prior to submitting any sensitive personal data or information to dawaxpress, failing which they are required to leave the Website immediately.
5 This Privacy Policy is published in compliance of the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
2. What is personal information?
1 Personal Information means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with dawaxpress, is capable of identifying the person concerned.
2 Sensitive Personal Data or Information means Personal Information of any individual relating to password; financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; sexual orientation; medical records and history; biometric information; any detail relating to the above as provided to or received by dawaxpress for processing or storage. However, any data/ information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law shall not qualify as sensitive personal data/information.
3. Types of personal information collected by dawaxpress:
1 A User may have limited access to the Website and utilize some of the Services provided by dawaxpress without creating an account on the Website. Unregistered Users can access some of the information and details available on the Website. In order to have access to all the features and benefits on our Website, a User may be required to first create an account on our Website. As part of the registration process, dawaxpress may collect the following categories of personal information from the Users (hereinafter collectively referred to as “User Information”):
i Name;
ii User ID;
iii Email address;
iv Address (including country and ZIP/postal code);
v Gender;
vi Age;
vii Phone number;
viii Password chosen by the User;
ix Valid financial account information; and
x Other details as the User may volunteer.
2 In order to avail the Services, the Users may be required to upload copies of their prescriptions, on the Website and/ or e-mail the same to dawaxpress in accordance with the Terms of Use and the prescriptions will be stored/ disclosed by dawaxpress only in the manner specified in this Privacy Policy and the Terms of Use. The term User Information shall also include any such prescriptions uploaded or otherwise provided by Users.
3 dawaxpress may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.
4 Internet use:dawaxpress may also receive and/or hold information about the User’s browsing history including the URL of the site that the User visited prior to visiting the website as well as the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using as well as the name of User’s ISP. The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by dawaxpress and its service providers for the technical administration of the Website, research and development, and for User administration.
5 The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. dawaxpress hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
6 dawaxpress does not knowingly collect personal data from children.
7 dawaxpress may in future include other optional requests for information from the User including through User Surveys in order to help dawaxpress customize the Website to deliver personalized information to the User and for other purposes are mentioned herein. Such information may also be collected in the course of contests conducted by dawaxpress. Any such additional personal information will also be processed in accordance with this Privacy Policy.
4. Purposes for which your information may be used by dawaxpress:
1 The information which dawaxpress collects from you may be utilized for various business and/or regulatory purposes including for the following purposes:
i Registration of the User on the Website;
ii Processing the User’s orders / requests and provision of Services;
iii Complete transactions with Users effectively and billing for the products/ Services provided;
iv Technical administration and customization of Website;
v Delivery of personalized information and target advertisements to the User;
vi Improvement of Services and features on the Website;
vii Research and development and for User administration (including conducting User surveys)
viii Non-personally identifiable information, exclusively owned by dawaxpress may be used in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and name www.dawaxpress.com may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
ix Dealing with requests, enquiries or complaints and other customer care related activities; and all other general administrative and business purposes.
x In case of any contests conducted by dawaxpress in which the User participates, the User Information may be used for prize fulfillment and other aspects of any contest or similar offering.
5. Disclosure and transfer of your personal information:
1 dawaxpress may need to disclose/ transfer your personal information to the following third parties for the purposes mentioned in this Privacy Policy and the Terms of Use:
i To Sellers and other service providers appointed by dawaxpress for the purpose of carrying out services on dawaxpress’s behalf under contract. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, will have rights to use and disclose the personal information collected in connection with the provision of these services in accordance with their own privacy policies.
ii To our affiliates in India or in other countries who may use and disclose your information for the same purposes as us.
iii To government institutions/ authorities to the extent required a) under the laws, rules, and regulations and or under orders of any relevant judicial or quasi-judicial authority; b) to protect and defend the rights or property of dawaxpress; c) to fight fraud and credit risk; d) to enforce dawaxpress’s Terms of Use (to which this Privacy Policy is also a part) ; or e) when dawaxpress, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.
iv If otherwise required by an order under any law for the time being in force including in response to enquiries by Government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.
v In case of contests conducted by dawaxpress in which the User participates, the concerned User’s information may be disclosed to third parties, also be disclosed to third parties to the extent necessary for prize fulfillment and other aspects of such contest or similar offering.
2 dawaxpress makes all User Information accessible to its employees and data processors only on a need-to-know basis. All dawaxpress employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.
3 Non-personally identifiable information may be disclosed to third party ad servers, ad agencies, technology vendors and research firms to serve advertisements to the Users. dawaxpress may also share its aggregate findings (not specific information) based on information relating to the User’s internet use to prospective, investors, strategic partners, sponsors and others in order to help growth of dawaxpress’s business.
4 dawaxpress may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets of a dawaxpress corporation division or company. Any third party to which dawaxpress transfers or sells its assets will have the right to continue to use the personal data and/ or other information that a User provide to us.
6. Retention of the information:
1 All the information collected/ stored under this Privacy Policy and Terms of Use is maintained by dawaxpress in electronic form on its equipment, and on the equipment of its employees. User Information may also be converted to physical form from time to time. Regardless of the manner of storage, dawaxpress will keep all User Information confidential and will use/ disclose it only the manner specified under the Privacy Policy and Terms of Use.
2 Part of the functionality of the Website is assisting the Sellers to maintain and organize such information to effect sale and purchase of products. dawaxpress may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to such information.
3 The Website is also designed for assisting the Users to access information relating to pharmaceutical products. dawaxpress may, therefore, retain and submit all such records to the relevant Users.
4 dawaxpress will also ensure that User Information is not kept for a period longer than as required for the purposes for which it is collected or as required under any applicable law.
7. Links to third-party advertisements:
1 The links to third-party advertisements, third party websites or any third party electronic communication services (referred to as “Third Party Links”) may be provided on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with dawaxpress unless expressly specified on the Website.
2 If you link to any such Third Party Links, we request you review the website’s privacy policy. We are not responsible for the policies or practices of Third Party Links.
8. Security Practices and Procedures:
1 dawaxpress adopts reasonable security practices and procedures to include, technical, operational, managerial and physical security control measures in order to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
2 dawaxpress makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
3 dawaxpress takes adequate steps to ensure that third parties to whom the Users’ Sensitive Personal Data or Information may be transferred adopt reasonable level of security practices and procedures to ensure security of Personal Information.
9. Users’ rights in relation to their personal information collected by dawaxpress:
1 All the information provided to dawaxpress by a User, including Sensitive Personal Information, is voluntary. User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this Privacy Policy and the Terms of Use, but please note that withdrawal of consent will not be retroactive.
2 Users can access, modify, correct and delete the personal information provided by them which has been voluntary given by the User and collected by dawaxpress in accordance with this Privacy Policy and Terms of Use. However, if the User updates his/ her information, dawaxpress may keep a copy of the information which User originally provided to dawaxpress in its archives for uses documented herein. In case the User seeks to update or correct, his/ her personal information, the User may exercise these rights by emailing dawaxpress at care@dawaxpress.com and communicate the change(s) for updating dawaxpress’s records.
3 If you, as a casual visitor, has inadvertently browsed any other pages of this Website prior to reading the Privacy Policy and the Terms of Use, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by dawaxpress. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing/ deletion, as dawaxpress cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website.
4 If you have inadvertently submitted any personal information to dawaxpress prior to reading the Privacy Policy and Terms of Use, and you do not agree with the manner in which such information is collected, stored or used, then you can ask dawaxpress, by sending an email to care@dawaxpress.com containing the rectification required, whether dawaxpress is keeping personal data about him/ her, and every User is also entitled to require dawaxpress to delete and destroy all such information relating to him/ her (but not other Users) in its possession.
5 In case the User does not provide his/ her information or consent for usage of personal information or subsequently withdraws his/ her consent for usage of the personal information so collected, dawaxpress reserves the right to discontinue the services for which the said information was sought.
10. Additional notes to the User:
1 dawaxpress does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which dawaxpress is not responsible or liable. Accordingly, dawaxpress does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does dawaxpress guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. dawaxpress encourages the User to read the privacy policies of that website.
2 dawaxpress shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to dawaxpress or any Seller. If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or dawaxpress has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, dawaxpress has the right to suspend or terminate such account at its sole discretion.
3 dawaxpress shall not be responsible for any breach of security or for any actions of any third parties that receive Users’ personal data or events that are beyond the reasonable control of dawaxpress including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
4 The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify dawaxpress of any actual or suspected unauthorized use of the User’s account or password.
5 dawaxpress will communicate with the Users through email and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The Users can sk dawaxpress, by sending an email to care@dawaxpress.com containing the rectification required,.
11. Changes in the Privacy Policy:
1 dawaxpress may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way dawaxpress treats User’s personal information, dawaxpress will display a notice on the Website or send Users an email. If a User uses the Service after notice of changes have been sent to such User or published on the Website, such User hereby provides his/ her/ its consent to the changed practices.