INTRODUCTION

We, Krishagni Solutions Pvt Ltd (“Company”, “we”, “us”, “our”) are the owners of the website www.openspicen.org, (the “Website”) and a web-based application (“APP”) named “OpenSpecimen” together referred to as the platform (the “Platform”). The Website showcases our offerings. The APP facilitates users to manage biospecimen data for clinical research (“Services”). 

We respect data privacy rights and are committed to protecting personal information collected on the Platform. This privacy policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on the Platform. 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY CLICKING “I AGREE” OR BY CONTINUING TO ACCESS THE PLATFORM, PROVIDING US PERSONAL INFORMATION, YOU CONSENT TO OUR USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU MAY WITHDRAW YOUR CONSENT OR ALTERNATIVELY CHOOSE NOT TO PROVIDE YOUR PERSONAL INFORMATION ON THE PLATFORM. SUCH AN INTIMATION TO WITHDRAW YOUR CONSENT CAN BE PROVIDED BY EMAIL TO COMMUNICATION DETAILS MENTIONED BELOW. IF THE USER DOES NOT AGREE TO THIS PRIVACY POLICY, THE USER MAY NOT ACCESS THE PLATFORM OR AVAIL THE SERVICES.

IF YOU ARE ACCESSING THE PLATFORM OR USING THE SERVICES ON BEHALF OF A THIRD PARTY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO USE THE PLATFORM OR AVAIL SERVICES AND TO BIND SUCH THIRD-PARTY TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND, IN SUCH AN EVENT YOUR USE OF THE PLATFORM AND OR THE SERVICES SHALL REFER TO USE BY SUCH THIRD PARTY. IF YOU DO NOT HAVE SUCH AN AUTHORITY (TO PROVIDE ANY PERSONAL INFORMATION OF A THIRD PARTY) OR DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, THEN YOU SHOULD REFRAIN FROM USING THE SERVICES.

This Privacy Policy is an electronic record in the form of an electronic contract being compliant and construed in accordance with the data protection laws of various jurisdictions such as Indian Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 under Information Technology Act 2000 (“Privacy Rules”) that require publishing of privacy policy for the collection, use, storage and transfer of sensitive personal data or information and The European Union (“EU”) general data protection laws (“the GDPR”).

DEFINITIONS

  1. “User(s)”, “you”, “your” shall mean and include organizations, health care institutes/ establishments, research centers, and their permitted users that avail the Services through the APP and visitors of the Website.
  2. “User Content” shall mean and include data including but not limited to clinical data, biospecimen data, and materials other information uploaded by the Users on the APP. 

PERSONAL INFORMATION COLLECTED

This Privacy Policy applies to Personal Information about the Users collected and controlled by the Company, through the Platform. For purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s name, mobile number, email address, and organization details. 

  • Personal Information collected on the Website- To get in touch with us through the chat box or to request a demo of our products on the demo page available on the Website, Users are required to provide their Personal Information.
  • Personal Information collected to provide the Services-To avail of the Services, User is required to complete the registration/subscription formalities, after completion of such formalities, Company shall create an account for the User (“User Account”). During the registration process, for using the Services During the registration process, for using the Services and for availing the Services User shall be required to share/upload certain Personal Information. 

WE DO NOT COLLECT ANY MEDICAL INFORMATION OR HEALTH-SENSITIVE DATA OF THE USERS OR OF ANY INDIVIDUALS WHEN USERS ACCESS OUR PLATFORM AND/OR AVAIL OF THE SERVICES.

ACCURACY OF INFORMATION

The user undertakes that he shall be solely responsible for the accuracy, correctness, or truthfulness of the Personal Information and User Content shared with us, whether of its own or any third party. In the event the User is sharing any Personal Information and User on behalf of a third person, the User represents and warrants that he has the necessary authority to share such Personal Information with the Company, obtained a written consent from such third party and the Company shall not be responsible for verifying the same. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy. 

USE OF PERSONAL INFORMATION

We shall use the Personal Information collected from the Website and APP as follows:  

A. Personal Information provided by Users of Website:

  1. To provide Users with a demo of our product offerings.
  2. To respond to inquiries pertaining to our Services and product offerings.
  3. To provide User information about any new offerings/and or our periodic newsletter.

B. Personal Information provided by Users of the APP:

  1. To provide the User with the Services and to assist the User in the event the User needs any additional support.
  2. To assist the User with technical difficulties that may arise in relation to the User’s use and access. 

DISCLOSURES

We do not sell, rent, distribute, lease or otherwise provide your Personal Information to third parties, without your prior consent. However, in course of providing Services to you or access to the Platform, we may share your Personal Information with certain parties. Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:

Administrators: We may provide access to the User’s Personal information to any of our authorized administrators for any internal business purpose, who shall be under confidentiality obligations towards the same.

Merger or Acquisition: We may transfer the User’s Personal Information if we are acquired by or we acquire or merge with another company or transfer a part of our business, including the Platform, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information. In the event of such a sale or transfer, we may notify the Users.

Legal and Regulatory Authorities: We may in order to comply with our legal obligations/ court orders/ requests by Govt. authorities share Personal Information with legal and regulatory authorities. 

DATA RETENTION

 We will retain User’s Personal Information as long as it is required to be retained for the purpose of provision of the Services. We may also retain and use User’s Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

INFORMATION FOR EU/EEA VISITORS

  • Applicability of GDPR: Residents of the European Union (“EU”) should note that this Privacy Policy has been updated in accordance with the requirements of the EU General Data Protection Regulation (the “GDPR”). As per the provisions of the GDPR we shall be considered the Controllers of the Personal Information collected as a result of your use/access of the Website and Processors of the Personal Information collected as a result of your use/access of the APP.
  • Legal Basis: We will not process your Personal Information without a lawful basis to do so. We will process your Personal Information only on the legal basis of consent [as provided in Art. 6 (1) (a) of the GDPR], contract [as provided in Art. 6 (1) (b) of the GDPR], or based on our legitimate interests [as provided in Art. 6 (1) (f) of the GDPR], provided that such interests are not overridden by your privacy rights and interests.
  • Transfer of Your Personal Information Across Borders: The Personal Information we collect (of EU and UK residents) might be processed outside the EU and UK at a secure center located in  India. We collect and transfer Personal Information outside the EU in accordance with the GDPR and UK data protection laws. If you have questions, please contact. If you have questions, please contact us at [email protected].
  • Rights of EU residents: You have the right to request us to let you know what Personal Information belonging to you do we hold in our possession, right to have us rectify or modify any such Personal Information, right to have us erase/delete your Personal Information, right to restrict us from processing such Personal Information, withdraw consent at any time where we are relying on consent to process your Personal Information, right to object to our use of your Personal Information, you have the right to lodge a complaint with a data protection authority. We may need to request specific information from you to help us confirm your identity or also contact you for further information in relation to your request.  If you would like to exercise ANY of these rights, please contact us at [email protected]
  • For any EU residents, this Privacy Policy shall be governed by the provisions of the GDPR.

CHOICE AND OPT-OUT

We may send you communications including but not limited to (a) notices about your use of our Platform and offerings, including those concerning violations of use, (b) updates, (c) promotional information regarding our offerings, and (d) newsletters. You may opt out of receiving promotional emails and newsletters from us by following the unsubscribe instructions provided in those emails. Alternatively, you can opt out, at any time, by emailing [email protected]  with your specific request. 

SECURITY 

User’s Personal Information including User Content is stored on Users systems and on third party cloud servers. Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hackproof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it. 

User is responsible for all the actions that take place under the User Account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If the User loses control of the User Account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is the User’s responsibility to keep the User’s password confidential and secure. 

ACCESSING AND MODIFYING PERSONAL INFORMATION

In case Users that avail of our Services needs to access, review, and/or make changes to the Personal Information including User Content User may do so by requesting the User’s admin on his User Account. Users of the Website may contact us at [email protected] if they wish to modify the Personal Information provided to us through the Website. 

LINKS TO OTHER WEBSITES

Our Website may contain links to other websites of your interest. Please note that we do not have any control over such other websites, and you will be accessing these websites at your own risk. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites/applications and those are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to such websites. 

LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

INDEMNIFICATION

User agrees to indemnify us, our subsidiaries, affiliates, officers, agents, and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and User Content that User submits or shares through the Platform and (ii) User’s and its permitted user’s violation of this Privacy Policy and applicable laws,

GOVERNING LAWS AND DISPUTES

This Privacy Policy shall be construed and governed by the laws of India. Any dispute arising, between you and us shall be submitted to the arbitration to be conducted in Pune, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by us, and the award made in pursuance thereof shall be binding on you and us. Subject to the arbitration provisions, you agree that the courts in Pune, India shall have exclusive jurisdiction over such disputes.

CHANGES TO THIS POLICY

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through the Platform and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change via email or through our Platform.

This Privacy Policy was last modified on 8-Nov-21.

CONTACT US

If you have any questions or concerns or grievances regarding this Privacy Policy, you can email us at our grievance email-address [email protected].