Terms of Privacy

 

PLEASE DO NOT USE OUR SERVICES OR THE SOFTWARE APPLICATION TO SEEK MEDICAL SERVICES FOR SOMEONE WITH SYMPTOMS THAT REQUIRE IMMEDIATE MEDICAL ATTENTION. CALL YOUR LOCAL MEDICAL EMERGENCY HELPLINE FOR AMBULANCE OR GO TO THE NEAREST HOSPITAL ACCIDENT & EMERGENCY DEPARTMENT IMMEDIATELY IF YOU HAVE AN EMERGENCY MEDICAL NEED.

 

Use of the Site

These Terms and Conditions set out the agreement between DA Adept (Malaysia) Sdn Bhd and you (“Doctor Anywhere", “DA”, "us", "we" or "our" as the case may be) and you, with respect to your use of the website at www.doctoranywhere.com (“Website”) and its related mobile application (collectively, the “Site”), and any functionalities, services or features offered via or in connection with the Site.. We offer online telehealth (the “Telehealth Services”) services enabling our users (“Users”) to report their health history and engage healthcare professionals (“Healthcare Professionals”) to obtain medical and healthcare services (“Healthcare Services”).


To complement the Healthcare Services provided by the Healthcare Professionals, Doctor Anywhere or its subsidiaries, related companies and/or its affiliates (collectively, the “DA Group”) or partners may offer the sales and/or delivery of medicine and/or other medical products (the “Product” or “Products”), or the facilitation of such sales and/or delivery of Products, to Users as stated in the Healthcare Professional’s prescription order(s). For the avoidance of doubt, Doctor Anywhere itself only offers a platform for the facilitation of sales and delivery of Products, and is not itself a vendor or otherwise a seller of any Product.


By accessing and using the Site, you agree to be bound by these Terms & Conditions and all other terms and policies that appear on the Site (including any details set out in our FAQs on our mobile application). If you do not wish to be bound by any of these Terms & Conditions, you may not use the Site or the Healthcare Services or purchase or arrange for the delivery of Products.

 

For further details, please see our FAQs available on our mobile application.


Healthcare Services & Products

 

Telehealth Services

All of the Healthcare Professionals who deliver Healthcare Services through Doctor Anywhere are independent professionals solely responsible for the services each provides to you. Doctor Anywhere does not practice medicine or any other medical profession, does not take on a duty of care to you and does not interfere with the practice of medicine or any other medical profession by Healthcare Professionals, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither Doctor Anywhere nor any third parties who promote the Healthcare Services or provide you with a link to the Healthcare Services shall be liable for any professional advice you obtain from a Healthcare Professional via the Telehealth Services, including any misdiagnoses or any other acts or omissions. Any reliance on any information provided on the Site or through the Healthcare Services, including the credentials of the Healthcare Professional, is solely at your own risk.

 

Products

If medically appropriate, the Healthcare Professionals may write prescription order(s) to you, and any of the DA Group or its partners may engage in the facilitating or otherwise arranging for the sales and/or delivery of Products to you based on the prescription order. In the event that you proceed to purchase the Products through Doctor Anywhere and/or arrange for the Products to be  delivered to you, you will undertake to check the Products labels to verify that the Products match the prescription order upon delivery.

Doctor Anywhere will not be liable for any defects in Products, any losses or damages or expenses sustained by individuals or by any other person in consequence of any delays in delivery of Products.


Site Content

None of the Site content (other than information you receive from Healthcare Professionals) should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you.


Informed Consent


Telehealth

I. Telehealth is the delivery of healthcare services using interactive audio and video technology, where the patient and the healthcare professional are not in the same physical location. During your Telehealth consultation with a Healthcare Professional, details of your medical and health history and information may be discussed with you through the use of interactive video, audio and/or other telecommunications technology, and your Healthcare Professional may perform a physical examination through these technologies.


II. The Telehealth Services you receive from Healthcare Professionals are not intended to replace a medical doctor in-person relationship or be your permanent medical home. You must have a face-to-face evaluation/consultation with a Healthcare Professional where reasonably practical before or very soon after commencement of Telehealth Services. You should also seek emergency help or follow-up care when advised to do so by a Healthcare Professional or when otherwise needed. We may assist you in making arrangements for follow up care either through Doctor Anywhere or other healthcare providers. You will have direct access to customer support services (“Customer Support”), which will follow up on medication reactions, side effects or other adverse events by sending messages to your Healthcare Professional. Among the benefits of our Telehealth Services are improved access to healthcare professionals and convenience. However, as with any health service, there are potential risks associated with the use of Telehealth. These risks include, but may not be limited to:

a) In rare cases, information transmitted may not be adequate (e.g. poor resolution of images) to allow for the Healthcare Professional to advise you or for him/her to continue the consultation;

b) Delays in evaluation could occur due to failures of the electronic equipment. If this happens, you may be contacted by phone or other means of communication;

c) In rare cases, a lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;

 

d) Although the electronic systems we use will incorporate network and software security protocols to protect the privacy and security of health information, in rare instances, security protocols could fail, causing a breach of privacy of personal health information

III. By accepting these Terms & Conditions, you acknowledge that you understand and agree with the following:


a) You understand that you may expect the anticipated benefits from the use of Telehealth in your care, but that no results can be guaranteed or assured;


b) You understand that the laws that protect the privacy and security of health information apply to Telehealth Services as well and have received Doctor Anywhere’s Privacy Policy, which describes these protections in more detail. Electronic communications are directed to your Healthcare Professional(s) through a secure, encrypted video interface and electronic health record;


c) If your health insurance coverage does not include or is not sufficient to satisfy the Telehealth Services charges in full, you may be fully or partially responsible for payment;

 

d) You are responsible for entering in the correct registration details to link your health insurance or to enjoy any corporate benefits. No refunds will be provided if you proceed with a transaction without the appropriate registration.


e) Your Healthcare Professional may determine that the Telehealth Services are not appropriate for some or all of your treatment needs, and accordingly may elect not to provide Telehealth Services to you through the Site;

 

f) If your healthcare professional had determined that your condition is not suitable for Telehealth Services, you would not be charged for the services. In the event that you call in again for the same condition, the subsequent consultations will be charged.

 

g) Unless as otherwise determined by Doctor Anywhere in its sole discretion, no refunds will be given for any completed consultation, purchased medication, missed appointment or any other orders by the user.

 

h) The coverage areas of Doctor Anywhere's delivery services are currently limited to areas within Selangor, Kuala Lumpur, Johor Bahru and Penang. Additional areas may be added from time to time as specified in our FAQs on the mobile application.

 

i) Doctor Anywhere and its delivery service partners will make the best effort to contact the client to complete the delivery of the order during the selected timeslots. If the client is not present at the stated address, additional charges may be imposed for the redelivery of order.


j) With respect to psychotherapy, you are entitled to receive information from your Healthcare Professional about the methods of therapy, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate therapy at any time.


IV. With respect to psychotherapy, if you and your Healthcare Professional decide to engage in group or couples therapy (collectively “Group Therapy”), you understand that anything any Group Therapy participant tells the Healthcare Professional individually, whether on the phone or otherwise, may at the therapist’s discretion be shared with the other Group Therapy participants. You agree to share responsibility with the Healthcare Professional for the therapy process, including goal setting and termination.


V. You can send messages to your Healthcare Professional by contacting Doctor Anywhere Customer Support at +60 392125558 or askus.my@doctoranywhere.com. Emails or electronic messages to Customer Support or your Healthcare Professional may not be returned immediately.


Privacy

Doctor Anywhere is required to comply with local healthcare privacy and security laws and maintain safeguards to protect the security of your health information. In addition, the information you provide to your Healthcare Professional during a medical consultation or therapy session is legally confidential, except for certain legal exceptions as more fully described in our Privacy Policy.

 

You consent to the collection, use and disclosure of your personal data in accordance with our Privacy Policy as amended from time to time. We may disclose your personal data:

(a) where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or

(b) to third party service providers, agents, pharmacies, delivery partners, hospitals and other organisations we have engaged to perform any of the services requested by you.

We devote considerable effort toward ensuring that your personal information is secure. Information regarding our use of health and other personal information is provided in our Privacy Policy. As part of providing you the Healthcare Services and facilitating the sales and/or delivery of Product, we may need to provide you with certain communications, such as appointment reminders, service announcements and administrative messages. These communications are considered part of the Healthcare Services and facilitating the sales and/or delivery of Product. While secure electronic messaging is always preferred to unsecured email, under certain circumstances, unsecured email communication containing personal health information may take place between you and Doctor Anywhere. Doctor Anywhere cannot ensure the security or confidentiality of messages sent by email. Information relating to your care, including clinical notes and medical records, are stored on secure, encrypted servers maintained by Doctor Anywhere or an external provider that is compliant with the U.S. Health Insurance Portability and Accountability Act (HIPAA).


User Accounts

When you register on the Site, you are required to create an account (“Account”) by entering your name, email address, password and certain other information collected by Doctor Anywhere (collectively “Account Information”). To create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract, you may not register to use our Healthcare Services nor purchase and/or arrange for the delivery of Product. You agree that the Account Information that you provide to us at all times, including during registration and in any information you upload to the Site will be true, accurate, current, and complete. You may not transfer or share your Account password with anyone, or create more than one Account (with the exception of sub-accounts established for children of whom you are the parent or legal guardian). You are responsible for maintaining the confidentiality of your Account password and for all activities that occur under your Account. Doctor Anywhere reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Site and your Account Information. In no event and under no circumstances shall Doctor Anywhere be held liable to you for any liabilities or damages resulting from or arising out of your use of the Site or Healthcare Services or purchase or arrangement of delivery of Product or your use of the Account Information or your release of the Account Information to a third party. You may not use anyone else’s account at any time.


Use of the Services and Purchase of Product by Minor Age Group

If you are using Doctor Anywhere Healthcare Services for a minor, you must be present during the Healthcare Professional online consultation or onsite visit with the minor. Upon purchasing the Product, you must be available at the point of Product delivery. You are responsible for payment for the Healthcare Services provided to and purchase and arrangement of delivery of Product for the minor. You are assuming the obligations of this Terms & Conditions as they relate to the minor.


Use of the Services and Purchase of Product by Geriatric Age Group

If you are using Doctor Anywhere Healthcare Services for a geriatric with special needs, including but not limited to vision and hearing difficulties, you must be present during the Healthcare Professional online consultation or onsite visit with the geriatric. Upon purchasing the Product, you must be available at the point of Product delivery. You are responsible for payment for the Healthcare Services provided to and purchase and arrangement of delivery of Product for the geriatric. You are assuming the obligations of this Terms & Conditions as they relate to the geriatric.


Access Rights

We hereby grant to you a limited, non-exclusive, non-transferable, revocable right to access the Site, use the Healthcare Services, and purchase Product and arrange for delivery thereof solely for your personal non-commercial use and only as permitted under these Terms & Conditions and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in  our sole discretion, to deny, suspend or otherwise terminate use of the Site or Healthcare Services or sales or delivery (or the facilitation thereof) of Product to you or anyone for any reason. You agree that you will not, and will not attempt to:


a) Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;


b) Use the Site or Healthcare Services or purchase or delivery of Product to violate any local or international law;


c) Use the Site or Healthcare Services, or purchase or seek delivery of Product outside the country you are presently located in (either Singapore / Vietnam / Thailand / Malaysia);


d) Reverse engineer, disassemble, decompile, or translate any software or other components of the Site or Healthcare Services;


e) Distribute viruses or other harmful computer code through the Site;


f) Record in any media your interactions with Healthcare Professionals through the Site;


g) Otherwise use the Site in any manner that exceeds the scope of use granted above;


h) Use abusive language when communicating with Healthcare Professionals;


i) Contact Healthcare Professionals for Healthcare Services outside of the Site Doctor Anywhere is not responsible for any interactions with Healthcare Professionals that are not conducted through the Site. We strongly recommend that you do not use the Telehealth Services on public computers. We also recommend that you do not store your Account password through your web browser or other software. Should you choose to do so, you do so at your own risk and Doctor Anywhere is not liable for any resulting loss or damage.


Fees and Purchase Terms

You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. By providing Doctor Anywhere with your credit card number or online payment services account details (e.g. PayPal) and associated payment information, you agree that Doctor Anywhere is authorized to immediately invoice your account for all fees and charges due and payable to Doctor Anywhere hereunder and that no additional notice or consent is required. If your health plan, employer or agency has arranged with Doctor Anywhere to pay the fee or any portion of the fee, or if the fee is pursuant to some other arrangement with Doctor Anywhere, that fee adjustment will be reflected in the fee that you are ultimately charged. Please check with your employer, health plan or agency to determine if any fees or charges will be reimbursed.


Doctor Anywhere offers no guarantee that you shall receive medical reimbursement from your employer or insurer. Doctor Anywhere reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms & Conditions. You understand and agree that for Healthcare Services provided on an appointment basis, you will be responsible for a missed appointment fee equal to the fees you would have paid for the scheduled services if you do not cancel a scheduled appointment at least 24 hours in advance.


Website Links

The Site may be linked to other web sites that are related to Doctor Anywhere (collectively, “Third-Party Sites”). We will not be liable for any information, software, or links found at any Third-Party Sites, internet location, or source of information, nor for your use of such information, software or links, nor for the acts or omissions of any such websites or their respective operators.


Ownership

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Doctor Anywhere, its licensors or other providers of such material and are protected by Malaysia and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms & Conditions permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site except as generally and ordinarily permitted through the Site according to these Terms & Conditions. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.


Trademarks

Certain of the names, logos, and other materials displayed on the Site or in the Services may constitute trademarks (registered and unregistered), trade names, service marks or logos(“Identities“) of Doctor Anywhere or other entities. You are not authorized to use any such Identities without the express written permission of Doctor Anywhere. Ownership of all such Identities and the goodwill associated therewith remains with us or those other entities.


Termination

You may deactivate your Account and end your registration at any time, for any reason by sending an email to support@doctoranywhere.com. Doctor Anywhere may suspend or terminate your use of the Site, your Account and/or registration for any reason at any time. Subject to applicable law, Doctor Anywhere reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention and/or content destruction policies. After such termination, none of the DA Group or any of its partners will have any further obligation to provide the Healthcare Services or sales or delivery of (or facilitate the sales or delivery of) Product, except to the extent we are obligated to provide you access to your health records or Healthcare Professionals are required to provide you with continuing care under their applicable legal, ethical and professional obligations to you.


Right to modify

We may at our sole discretion change, add, or delete portions of these Terms & Conditions at any time on a going-forward basis. Continued use of the Site and/or Healthcare Services following notice of any such changes will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms & Conditions, inclusive of such changes.

 

Disclaimer of Warranty

You expressly agree that use of the Site or Healthcare Services or purchase or arrangement of delivery of Product is at your sole risk. The Site, Healthcare Services, and sales or delivery of Product (or the facilitation thereof) are provided on an “as is” and “as available” basis. Doctor Anywhere expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration.


You acknowledge and agree that Doctor Anywhere does not provide medical advice, diagnosis, or treatment, and is strictly a technology platform and infrastructure for connecting patients with independent third party Healthcare Professionals, including medical doctors and other Healthcare Professionals in the Doctor Anywhere network. You acknowledge and agree that the Healthcare Professionals using the Site are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of all medical services, advice, instructions, treatment decisions, and other professional health care services performed, and that all diagnoses, treatments, procedures, and other professional health care services will be provided and performed exclusively by or under the supervision of Healthcare Professionals, in their sole discretion, as they deem appropriate. Doctor Anywhere does not make any express or implied warranties that the Healthcare Professionals are validly licensed to practise medicine, or are qualified to advise in their purported area of speciality.


Limitation of Liabilities

You understand that to the extent permitted under applicable law, in no event will Doctor Anywhere or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the Site or the Healthcare Services or the purchase or arrangement of delivery of Product, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.


Indemnification

You agree to indemnify, defend and hold harmless Doctor Anywhere, its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees on an indemnity basis (“Claims”), resulting from, or alleged to result from, your violation of these Terms and Conditions. In addition, you agree to indemnify, defend and hold harmless your Healthcare Professional(s) from and against any third party claims resulting from your lack of adherence with the advice or recommendation(s) of such Healthcare Professional.


Geographical Restrictions

Doctor Anywhere makes no representation that all products, services and/or material described on the Site, the Healthcare Services, or Product recommended by any Healthcare Professional during the course of a consultation through the Site, are appropriate or available for use in locations outside Singapore / Vietnam / Thailand / Malaysia.


Records

Any clinical records created as a result of your use of the Site will be securely maintained by Doctor Anywhere on behalf of your Healthcare Professional(s) for a period that is no less than the minimum number of years such records are required to be maintained under the relevant local law.


Governing Law

These Terms & Conditions and your use of the Site shall be governed in all aspects by the laws of Malaysia. If any part of these Terms & Conditions is held to be invalid or unenforceable, the particular term (s) shall be severed to the extent that it is invalid or unenforceable, leaving the remaining Terms & Conditions or part thereof enforceable.


Miscellaneous

The Parties shall attempt in good faith to resolve promptly any dispute arising out of or in connection with these Terms and Conditions through amicable negotiations (which shall be commenced by either party giving written notice to the other).  In the event that such dispute cannot be resolved by amicable negotiations within thirty (30) days of either party giving written notice to the other party that a dispute has arisen, the dispute shall be submitted by either party for resolution by the courts of Malaysia which courts shall have exclusive jurisdiction.


You understand that by checking the “agree” box for these Terms & Conditions and/or any other forms presented to you on the Site you are agreeing to these Terms & Conditions and that such action constitutes a legal signature. You agree that we may send to you any privacy or other notices, disclosures, or communications regarding the Healthcare Services and facilitation of sales and/or delivery of Product (collectively, “Communications“) through electronic means including but not limited to: (a) by e-mail, using the address that you provided to us during registration, or (b) by posting the Communications on the Site. The delivery of any Communications from us is effective when sent by us, regardless of whether you read the Communications when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Communications by email by cancelling or discontinuing your use of the Services.


No waiver by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.


Doctor Anywhere devotes considerable effort to optimizing signal strength and diagnosis deficiencies but is not responsible for the internet or data bandwidth and signal of your mobile device.


Please report any violations of these Terms & Conditions to askus.my@DoctorAnywhere.com.

 

PRIVACY AND DATA PROTECTION POLICY (“PRIVACY POLICY”)

 

This Privacy Policy sets out the basis on which DA Adept (Malaysia) Sdn Bhd and our related companies (“DA”, “we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers when you use our website at http://doctoranywhere.my (“Website”) and/or the Doctor Anywhere mobile application (“Application”) (collectively, “Platforms”) in accordance with the Personal Data Protection Act 2010 (“PDPA”). This Privacy Policy applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

 

If you do not agree to this Privacy Policy and our Terms and Conditions, please do not use any of the Platforms.

 

PERSONAL DATA

1. As used in this Privacy Policy:

 

customer” means an individual who (a) has contacted us through any means  (such as through any of the Platforms) in relation to the goods or services available on the Platforms, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and

 

personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.

 

2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include:

a. Your name, identification numbers such as NRIC, Passport Number, FIN, residential address, email address, telephone number, nationality, gender and date of birth;

b. Personally-identifiable medical and health-related information which you provide to us (including information or records relating to your medical or health history, medical claims, health status, laboratory testing results, diagnostic images);

c. Personally-identifiable medical and health information about you prepared by healthcare professionals/treatment providers who provide medical or healthcare services and products to you via the Platforms (including medical records, treatment and examination notes);

d. Billing information that you provide us (e.g. credit card or online payment system account information);

e. Information about the computer or mobile device you are using;

f. Geographical location or address; or

g. Other information which you may input into the Platforms or related services.

 

3. Other terms used in this Privacy Policy shall have the meanings given to them in the PDPA (where the context so permits).

                                                     

COLLECTION, USE AND DISCLOSURE OF PERSONAL DATA

4. We generally do not collect your personal data unless (a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “Authorised Representative”, which could include your employer or your insurer if they process your claims for medical care) for the purposes set out in this Privacy Policy, or (b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

 

5. We may collect and use your personal data for any or all of the following purposes:

a. performing obligations in the course of or in connection with our provision of the goods and/or services requested by you (including the provision of any medical or healthcare services, the delivery of products purchased by you);

b. verifying your identity;

c. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;

d. managing your relationship with us;

e. processing or facilitating the processing of your claims;

f. processing payment or credit transactions;

g. improving the quality of medical or healthcare services through the performance of quality reviews and similar activities;

h. creating de-identified information which is information which is not used or intended to be used to personally identify an individual (e.g. aggregate statistics relating to the use of the services on the Platforms);

i. notifying you when Platform updates are available;

j. marketing and promoting the Platforms, and the services and products offered on the Platforms to you;

k. complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

l. converting the personal data to anonymised data for the purposes of analytics and market research;

any other purposes for which you have provided the information;

m. transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Malaysia or abroad, for the aforementioned purposes; and

n. any other incidental business purposes related to or in connection with the above.

 

6. As you use the Platforms, services, or purchase or arrange for the delivery of products, certain information may be passively collected:

a. Site Activity Information: We may keep track of some of the actions you take on the Platforms, such as the content of searches you perform on the Platforms;

b. Access Device and Browser Information: When you access the Website from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times;

c. Cookies (i.e. small pieces of information that a site sends to your browser while you are viewing a website): We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Platforms and services easier to use, to make our advertising better, and to protect both you and DA. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Platforms. We presently do not honour “Do Not Track” requests across all parts of our Platforms.

d. Real-Time Location: Certain features of the Platforms use GPS technology to collect real-time information about the location of your device so that the Platforms can connect you to a healthcare professional/treatment provider near your location.

e. Device information: We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).

f. Web Analytics: We may use Google Analytics to help analyse how users use the Website. Google Analytics uses Cookies to collect information such as how often users visit the Website, what pages they visit, and what other sites they used prior to coming to the Website. We use the information we get from Google Analytics only to improve our Website and services. Google Analytics collects only the IP address assigned to you on the date you visit the Website, rather than your name or other personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Website, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

 

7. We may disclose your personal data where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods and services requested by you:

a. To our subsidiaries, related companies, affiliates, or partners;

b. To the relevant parties who may process your claims for your medical care. For the avoidance of doubt, we will not disclose any confidential medical diagnoses to such parties unless your consent is provided to us separately in writing;

c. To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them (including logistics service providers, data service providers);

d. As required by law, which can include providing information as required by a court order;

e. When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request;

f. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of DA’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data maintained on the Platforms is among the assets transferred;

g. To any other person or organisation disclosed by us when you provide the information.

 

8. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to your employment contract should you be hired) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).

9. This Privacy Policy applies only to information we collect through the Platforms and in email, text and other electronic communications set through or in connection with the Platforms. This policy does not apply to information collected by any third party. When you click on links on the Platform, you may leave our site. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements.

 

WITHDRAWING YOUR CONSENT

10. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

 

11. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within fourteen (14) business days of receiving it.

 

12. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 12 above.

13. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

 

ACCESS TO AND CORRECTION OF PERSONAL DATA

14. If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below. Such request shall include the details of the requestor, description of the personal data being requested and the date and time range the personal data was believed to be collected.

 

15. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.

 

16. We will respond to your request as soon as reasonably possible. In general, our response will be within fourteen (14) business days. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).

 

PROTECTION OF PERSONAL DATA

17. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.

 

18. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

 

ACCURACY OF PERSONAL DATA

19. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

 

RETENTION OF PERSONAL DATA

20. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

 

21. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

 

TRANSFERS OF PERSONAL DATA

22. In order to provide you with the Services via our mobile application, your personal data may be transferred and stored by our related companies with our third party Cloud service provider in Malaysia. We will take steps to ensure that appropriate levels of protection necessary to maintain the security and integrity of your personal data are in place and shall do so in accordance with the PDPA to ensure that we provide a standard of protection to personal data so transferred that is comparable to the protection under the PDPA and any applicable laws.

 

DATA PROTECTION OFFICER

23. You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

 

Data Protection Officer

Contact No.      : +603 92125558

Email Address  : askus.my@doctoranywhere.com

 

EFFECT OF PRIVACY POLICY AND CHANGES TO PRIVACY POLICY

24. This Privacy Policy applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

 

25. We may revise this Privacy Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Privacy Policy was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

 

Effective date : 1 Aug 2020

Last updated : 1 Aug 2020