Medifast : Online Medicine Delivery Platform

Privacy Policy

This privacy policy (“Privacy Policy”) forms an integral part of our Terms of Use (“Terms of Use”) provided on this Website. In addition to the terms stated in Terms of Use, We are committed to protecting your privacy. Authorized representatives of Mediifast, on a need to know basis only, use any information received from you or a registered medical practitioner authorised by you. We constantly review our systems and data to secure your personal and health information. We will investigate any complaint or such actions with a view to resolving such issues and may also initiate prosecuting and/or taking civil proceedings to recover damages against those responsible. Any User who does not agree with any provisions of the same is required to leave the Website immediately. Should you disagree with this Privacy Policy and still continue to access the Website and provide your Personal Information (as defined below), such act would constitute your consent and accordingly, Mediifast disclaim all the liabilities arising therefrom.

Purpose

This privacy policy (“Privacy Policy”) applies to your use of the domain name www.mediifast.com, and Mediifast, a mobile application, collectively referred to as “Website”, owned and operated by DNPH TECHNOLOGIES PVT LTD, each, a company duly incorporated under the provisions of the Companies Act, 2013 (hereinafter, referred to as “M” or “We” or “Our” or “Us” or “Company”).
The Website is a platform that facilitates the purchase of pharmaceutical products for sale by its various pharmacy stores (hereinafter referred to as “Services”, with the pharmacies
referred to as “Sellers”). The arrangement between the buyers and Mediifast shall be governed in accordance with this Privacy Policy and the 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 mediifast, 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.
We have implemented reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business. While We try our best to provide security that is commensurate with the industry standards, because of the inherent vulnerabilities of the internet, We cannot ensure or warrant complete security of all information that is being transmitted to Us by you.
By accepting this Privacy Policy, you understand and agree to the collection, use, sharing and processing of information, as described herein. If you provide Mediifast with Personal Information about someone else, you confirm that they are aware that you have provided their information and that they consent to Mediifast use of their information according to this Privacy Policy. This Privacy Policy applies to all the current and former visitors, users and others who access the Website.
For the purpose of providing the Services and for other purposes identified in this Privacy Policy, Mediifast will be required to collect and host certain data and information of the Users. Mediifast 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:

The type of Personal Information (including Sensitive Personal Data or Information) that Mediifast collects from the Users;
The purpose of collection, means and modes of usage of such Personal Information by Mediifast;
How and to whom Mediifast will disclose such information;
How Mediifast will protect the Personal Information including Sensitive Personal Data or Information that is collected from the Users; and
How Users may access and/ or modify their Personal Information.

f. 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 Mediifast to Users is their acceptance of this Privacy policy. Every User is required to read and understand the provisions set out herein prior to submitting any Sensitive Personal Data or Information to Mediifast, failing which they are required to leave the Website immediately.

g. 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 Data or Information) Rules, 2011.

Consent

By mere use of the Website, you expressly consent to Mediifast use and disclosure of your usage information, Personal Information (as defined below) and third-party information in accordance with this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website.
You can enjoy the Website, as further provided in Clause 4(a), without providing Mediifast (a) any of your Personal Information, or (b) in certain specific cases identified in this Privacy Policy, your consent for the purpose of processing your Personal Information. Please be aware that where you do not provide your Personal Information, which is required by Mediifast, Mediifast will not be able to provide the Services available on the Website to you or may not be able to comply with a legal obligation on Mediifast. You will be made aware if this situation arises and what the consequences of not providing the Personal Information will be.
In case you wish to avail any or all of the Services provided by Mediifast on the Website, you shall be required to log-in on the Website with username and password (“Login Credentials”)
as set out in the Mediifast Terms of Use. You hereby explicitly agree that your use and access of the Login Credentials shall be governed by the Mediifast Terms of Use read with the terms of this Privacy Policy and any other agreement that you may enter into with Mediifast.

Types of Information

For the purpose of this Privacy Policy, the following terms shall have the meaning ascribed to them
herein:

“Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available with Mediifast, is capable of identifying the person concerned, including, but not limited to, the first, middle and last names, physical address, telephone number, date of birth, age, gender, e-mail address, or any other contact information, medical and order history, any financial information including bank account details, credit/debit card details or such other payment information and such other information as detailed in Clause 4 of this Privacy Policy.
“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 such as prescriptions uploaded by the User; biometric information; any detail relating to the above as provided to or received by Mediifast 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 or Personal Information.

Collection of Information:

A User may have limited access to the Website and utilize some of the Services provided by Mediifast 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, Mediifast may collect the following categories of Personal Information from the Users (hereinafter collectively referred to as “User Information”):
1. Name;
2. User ID;
3. Email address;
4. Address (including country and ZIP/postal code);
5. Gender;
6. Age;
7. Phone Number;
8. Password chosen by the User;
9. Valid financial account information; and
10. Other details as the User may volunteer.
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 Mediifast in accordance with the Terms of Use and the prescriptions will be stored/ disclosed by Mediifast 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.
Mediifast may keep records of telephone calls received and made for making inquiries, orders, or other purposes for the purpose of administration of Services.
Internet use: Mediifast 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 Mediifast and its service providers for the technical administration of the Website, research and development, and for User administration.
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. Mediifast hereby expressly disclaims any liability for any misuse of such information that is made available by visitors in such a manner.
Mediifast does not knowingly collect Personal Information from minors. Mediifast does not intend to attract anyone under the legal age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. Mediifast encourages parents and guardians to be involved in the online activities of minors to ensure that no Personal Information is collected from a minor without the prior consent of the concerned guardian/parent. If we become aware that a person submitting personal information is under the legal age of consent, We will either delete the account and any related information as soon as possible or take any such action as may be deemed appropriate by Us. Mediifast may in future include other optional requests for information from the User including through user surveys in order to help Mediifast 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 Mediifast. Any such additional Personal Information will also be processed in accordance with this Privacy Policy.
We will collect certain non-personal information relating to your use of our Website. For example, when you visit our website or use our mobile application, we may log certain information such as your IP address, browser type, mobile operating system, manufacturer and model of your mobile device, geolocation, preferred language, access time, and time spent. We will also collect information about the pages you view within our website or mobile applications and other actions you take while visiting our website and mobile applications. This will help us personalize your experience on our website and mobile applications. We may use third party services that may collect information used to identify you.

Use of Information:

Mediifast will retain User Information only to the extent it is necessary to provide Services to the Users. We may hold and retain the information collected by us for a period of 7 (seven) years from
the date of such collection or as required to comply with the legal or regulatory obligations, including applicable tax laws. When we no longer need your information collected, we will remove the same from our systems. If we keep the information for a longer duration, it would be for the sole purpose to satisfy the legal, contractual or regulatory obligations. The information which Mediifast collects from you may be utilized for various business and/or regulatory purposes including for the following purposes:

Registration of the User on the Website;
Processing the User’s orders/ requests and provision of Services (including provision of safe Services);
Completing transactions with Users effectively and billing for the products/ Services provided;
Technical administration and customization of Website;
Ensuring that the Website content is presented to the Users in an effective manner;
Delivery of personalized information and target advertisements to the User;
Improvement of Services, features and functionality of the Website;
Research and development and for User administration (including conducting user surveys);
Non-personally identifiable information, exclusively owned by Mediifast may be used in anaggregated or non-personally identifiable form for internal research, statistical analysis and business intelligence purposes including those for the purposes of determining the number of visitors and transactional details, and Mediifast may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates;
Dealing with requests, enquiries, complaints or disputes and other customer care related activities including those arising out of the Users’ request of the Services and all other general administrative and business purposes;
In case of any contests conducted by Mediifast in which the User participates, the User
Information may be used for prize fulfillment and other aspects of any contest or similar
offering;
Communicate any changes in our Services or this Privacy Policy or the Terms of Use to the Users;
Verification of identity of Users and perform checks to prevent frauds; and
Investigating, enforcing, resolving disputes and applying our Terms of Use and Privacy Policy, either ourselves or through third party service providers.
When you send an email message or otherwise contact Mediifast through its Website, Mediifast may use the information provided by you to respond to your communication. Mediifast may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.
We may also use the non-personal information collected for marketing purposes.

Disclosure and transfer of information:

Mediifast may need to disclose/ transfer User’s Personal Information to the following third parties for the purposes mentioned in this Privacy Policy and the Terms of Use:

To Sellers/ suppliers and other service providers appointed by Mediifast for the purpose of carrying out Services on Mediifast 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.
To our affiliates in India who may use and disclose your information for the same purposes as us.
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 Mediifast; c) to fight fraud and credit risk; d) to enforce Mediifast Terms of Use (to which this Privacy Policy is also a part) ; or e) when Mediifast, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.
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.
In case of contests conducted by Mediifast 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.
We may disclose information that identifies you at an individual level and which we have collected on our website and mobile application to other entities (not affiliated to us) that are not acting as our suppliers, such as our business partners, current and/or prospective
investors, strategic partners, sponsors and other in order to help in the growth of Mediifast business. Except as described in this Privacy Policy, we will only do so with your prior consent. For the sake of clarity, we do not sell, license or transfer this information in any
manner.
We may share your information with authorized third parties, for instance, our business partners, payment gateways, financial institutions, or postal/government authorities for processing your transaction.

Mediifast makes all User Information accessible to its employees and data processors only on a need-to-know basis. All Mediifast employees and data processors, who have access to, and are associated with the processing of User Information, are obliged to respect its confidentiality.
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. Mediifast 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 Mediifast business.
Mediifast may also disclose or transfer the User Information, to another third party as part of reorganization or a sale of the assets or business of a Mediifast corporation division or company. Any third party to which Mediifast transfers or sells its assets will have the right to continue to use the Personal Information and/ or other information that a User provide to Us. Provided further that, it is our practice to seek appropriate protection for such information in these types of transactions.
Other than as set out above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information.

Retention of the information:

All the information collected/ stored under this Privacy Policy and Terms of Use is maintained by Mediifast 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, Mediifast will keep all User Information confidential and will use/ disclose it only the manner specified under the Privacy Policy and Terms of Use.
Part of the functionality of the Website is assisting the Sellers to maintain and organize such information to effect sale and purchase of products. Mediifast may, therefore, retain and submit all such records to the appropriate authorities, or to Sellers who request access to
such information.
The Website is also designed for assisting the Users to access information relating to pharmaceutical products. Mediifast may, therefore, retain and submit all such records to the relevant Users.
Mediifast will also ensure that User Information is not kept for a period longer than is required for the purposes for which it is collected or as required under any applicable law.

Links to third-party advertisements:

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 Mediifast unless expressly specified on the Website.
If you access 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.

Security practices and procedures:

Mediifast 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.
Mediifast 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.
For any loss or theft of Information, due to unauthorized access to your device through which you use the Website, errors in transmission, or other causes beyond our control or other reasons solely attributable to you, Mediifast shall not be held liable or responsible under any circumstance Further, Mediifast shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Mediifast reasonable control including but not limited to acts of government, computer hacking,
unauthorized 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.
You hereby acknowledge that Mediifast is not responsible for any intercepted information sent via the internet, and you hereby release Us from any and all claims arising out of or related to the use of intercepted information in any unauthorized manner.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once We receive it. The third-party service providers with respect to payment gateway and payment processing are all validated as
compliant with the payment card industry standard (generally referred to as PCI compliant service providers).

User's rights in relation to their personal information collected by Mediifast:

All the information provided to Mediifast by a User, including Sensitive Personal Data or 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.
Users can access, modify, correct and delete the Personal Information provided by them which has been voluntarily given by the User and collected by Mediifast in accordance with this Privacy Policy and Terms of Use. However, if the User updates his/ her information, Zeno Health may keep a copy of the information which User originally provided to Mediifast in its archives for User documented herein. In case the User seeks to update or correct, his/her Personal Information, the User may exercise these rights by emailing Mediifast at support@mediifast.com and communicate the change(s) for updating Mediifast records.
If a User, 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 such User does 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 Mediifast. All visitors, however, are encouraged to use the "clear cookies" functionality of their browsers to ensure
such clearing/ deletion, as Mediifast cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website.
If a User has inadvertently submitted any Personal Information to Mediifast prior to reading the Privacy Policy and Terms of Use, and such User does not agree with the manner in which such information is collected, stored or used, then such User can ask Mediifast, by sending an email to support@mediifast.com containing the rectification required, whether Mediifast is keeping Personal Information about such User, and every User is also entitled to require Mediifast to delete and destroy all such information relating to such user (but not other Users) in its possession.
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, Mediifast reserves the right to discontinue the services for which the said information was sought.
You agree that you will not submit any false information or any illegal or damaging content to the Website. Mediifast reserves the right to terminate access to or the ability to interact with the Website in response to any concerns Mediifast may have about false, illegal, or
damaging content, or for any other reason, in its sole discretion.
Mediifast would like to make sure you are fully aware of all your data protection rights. Please note that you shall have the sole ownership of your personal information and by agreeing to this Privacy Policy and the Terms of Use, you have authorised Mediifast to process your personal information for the relevant purposes.

Every User is entitled to the following:

Right to access personal information.
The User shall have the right to request Mediifast for copies of your personal information.
Right to be forgotten.
The User shall have the right to request that We erase your Personal Information if it is no longer necessary in relation to the purposes for which it was collected or processed. We will take reasonable steps to inform controllers that User requested erasure of any links to, or copy of, that Personal Information.
Right to restrict processing.
The User shall have the right to request that Mediifast to restrict the processing of his/her Personal Information, under certain conditions as per applicable law.
Right to object to processing.
The User shall have the right to object to us processing of your personal information, under certain conditions as per applicable law.
The right to data portability.
The User shall have the right to request that we transfer the personal information that we have collected to another organization, or directly to you, under certain conditions as per applicable law.

Please note that we reserve the right to charge a small fee from you for this Service towards our administrative costs for complying with any of the aforementioned request(s)

Limitation of Liability:

Mediifast 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 Mediifast is not responsible or liable. Accordingly, Mediifast does not make any representations concerning the privacy practices or policies of such third parties or Terms of Use of such websites, nor does Mediifast guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. Mediifast encourages the User to read the privacy policies of that website.
Mediifast 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 Mediifast 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 Mediifast has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mediifast has the right to suspend or terminate such account at its sole discretion.
Mediifast shall not be responsible for any breach of security or for any actions of any third parties that receive Users' Personal Information or events that are beyond the reasonable control of Mediifast including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children or employer, you represent and warrant that you are authorised by such person to accept this Privacy Policy on their behalf and to provide consent on behalf of such person to Mediifast use of such person’s Personal Information as described in this Privacy Policy. In such cases, Mediifast shall not be held responsible for receipt and use of any Personal Information without consent of the concerned person to
whom the Personal Information belongs to.

User’s Responsibility:

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 Mediifast of any actual or suspected unauthorized use of the User's account or password.
When the User uses social media platforms and communicates to Mediifast or about Mediifast, the personal information and content you share is visible to other users and can be read, collected, or used by other users. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a social media post, that information is public. Please take care while using these features.

Applicability:

Notwithstanding anything to the contrary contained in this Privacy Policy and/or the Terms of Use, in case of any conflict between any terms of this Privacy Policy and/or the Terms of Use and/or and any other agreement that you may enter into with Mediifast for availing the services, the terms of the agreement executed with Mediifast shall prevail at all times.
This Privacy Policy shall be supplementary to Mediifast Terms of Use. Words and expressions used in this Privacy Policy but not defined herein shall have the meanings ascribed to them in the Terms of Use. To the extent any provision of this Privacy Policy does not conflict with the Terms of Use, the Terms of Use shall apply to this Privacy Policy. In the event of any conflict between this Privacy Policy and the Terms of Use, the interpretation placed by Mediifast shall be final and binding on you.

Mode of Communication:

Mediifast 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 ask Mediifast, by sending an email to support@mediifast.com,
containing the rectification required.
You have the option to 'opt-out' of all Mediifast newsletters and other general email marketing communications by way of unsubscribing links provided at the bottom of each mailer. Mediifast respects your privacy and in the event that you choose to not receive such mailers, it shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications

Changes in the Privacy Policy:

Mediifast may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Mediifast treats User's Personal Information, Mediifast 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.

Complaints and grievance redressal:

Mediifast addresses discrepancies and grievances of all Users with respect to processing of information in a time bound manner. For this purpose, Mediifast has designated Mr. Suraj as the grievance officer, who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
Sending a letter marked to the attention of “Grievance Officer, Mediifast to Mr. Suraj, or
Sending an email to support@mediifast.com

Contact us
You may contact Us with any questions relating to this Privacy Policy by submitting your request here or by postal mail at: Registered Address: C 73, Lajpat Nagar 2 nd , Lajpat Nagar, New Delhi -110019