Privacy Policy

Privacy Policy

1. Who We Are

Data Fiduciary: Naumah Care (address, e‑mail). We process digital personal data to provide healthcare and manage our website/app. DPDPA 2023 governs processing of digital personal data, alongside the IT Act/SPDI Rules 2011 for “sensitive personal data” (health information, sexual life, medical records, biometrics, financial info).

2. What We Collect

  • Identity/contact data (name, phone, email, ID).
  • Demographics (age/sex), medical history, prescriptions, lab/imaging, pregnancy/ART records (as applicable), images for clinical documentation, counselling notes, consent forms.
  • Payment data (masked card/UPI references via payment gateway).
  • Device/usage data (cookies, IP, logs) for security and performance.

3. Legal Basis & Purpose

  • Consent (DPDPA): booking, telemedicine, reminders, sending reports, health education messages (opt‑in), and providing care.
  • Legitimate Uses / Legal Obligations: medical record‑keeping, PCPNDT Form‑F, MTP confidentiality, Clinical Establishment reporting, BMW manifests, prevention/detection of fraud, or responding to lawful requests.

4. Your Rights

  • Access key information about processing; request correction or erasure, subject to medical/legal retention.
  • Withdraw consent for non‑essential processing (e.g., newsletters).
  • Grievance redressal and appeal pathways as per DPDPA; you may also approach the Data Protection Board of India when functional.

5. Sharing & Transfers

  • With treating RMPs/partner hospitals/diagnostic labs/CBWTF, strictly need‑to‑know.
  • With lawfully authorized authorities (e.g., PCPNDT/MTP/CEA compliance).
  • With service providers (IT hosting, payment gateways) under data‑processing agreements. We do not sell personal data.

6. Security

We apply reasonable security practices, access controls, encryption in transit, and audit trails consistent with IT/SPDI Rules, 2011 and industry standards; incidents are handled per applicable law (CERT‑In where required).

7. Retention

  • Clinical records: as per specialty‑wise laws (e.g., PCPNDT: 2 years minimum; longer if proceedings; ART/Surrogacy & MTP: as prescribed).
  • Accounting/tax records: per statutory limits. We anonymize/aggregate after retention lapses.

8. Children & Adolescent Health

For minors (<18 years), consent comes from a parent/guardian (DPDPA definition of “child” is <18). Confidential counselling for adolescents is provided consistent with applicable laws and ethical duties.

9. Cookies/Tracking

We use essential cookies for login/security and optional analytics (opt‑in where required). You can manage preferences in the app/browser.

10. Contact

Privacy Grievance Officer: [Name, Email, Phone, Postal Address].

Telemedicine Policy (for website/app)

  • Identification: RMP states name, qualification, registration number; patient identity confirmed.
  • Consent: Implied when the patient initiates; explicit consent obtained for sensitive interactions.
  • Appropriateness: RMP decides if telemedicine is suitable; may require in‑person visit.
  • Documentation: Consultation notes, advice, e‑prescription format, fees recorded and provided.
  • Prescriptions: Follow Telemedicine Drug Lists and prohibitions; no Schedule X/narcotics; e‑signature and registration number mandatory.

Data Privacy: Same protections as onsite visits; avoid public Wi‑Fi; the platform uses encrypted channels.

Specialty Specific Disclaimers & Consent Requirements Heading Text Here

1. High Risk Pregnancy & Delivery (Normal/C Section)

  • Risk stratification (PIH, GDM, placenta previa/accreta, prior LSCS, twins, IUGR, cardiac disease).
  • Delivery at accredited partner hospitals with ICU/NICU and blood bank when indicated; possibility of transfer.
  • C‑section/VBAC/Instrumental delivery consent with maternal–fetal risks explained; no guarantee of vaginal delivery.
  • MTP and foetal anomaly pathways as per law (gestational limits, medical board for substantial foetal anomalies beyond 24 weeks).

2. Laparoscopic & Hysteroscopic Procedures

  • Anaesthesia, conversion to open surgery, bleeding, infection, organ/vascular injury, DVT/PE, need for re‑operation, transfusion risks; standard surgical warrants to be included.

3. Adolescent Health & PCOS

  • Counselling on puberty, menstrual health, contraception, vaccination (HPV), mental health referrals; privacy safeguards for minors under DPDPA.

4. Fertility Solutions (ART)

  • Services only through registered ART clinic/bank; eligibility, gamete/embryo consents, storage limits, number of cycles, success rates (transparent counselling), multiple pregnancy risks, OHSS risk, genetic testing counselling, donor screening rules; no sex selection.

5. Surrogacy (if applicable)

  • Altruistic only; eligibility of intending couple/woman; surrogate consent, insurance for 36 months, embryo transfer limits (one embryo; up to three in special circumstances with justification); statutory forms and board certifications.

6. Stem cell (Information Only)

Haematopoietic stem‑cell transplant has approved indications; most other stem‑cell therapies are unproven/experimental and will not be offered/advertised; misleading claims are prohibited (also avoid objectionable medical ads). Refer to ICMR evidence compendium.

7. Vaccinations

  • Contraindications, adverse events, observation period, AEFI reporting; BMW disposal protocols.

8. Sexual Health

  • Confidentiality assured subject to reporting obligations under applicable laws where relevant; counselling uses evidence‑based guidelines and ethical conduct requirements under medical regulations.

Clinic Compliance Notices (Website footer / Clinic display)

  • Clinical Establishment Registration (UP) — Certificate No.: [●].
  • PCPNDT Registration (Ultrasound): [●]; “Sex determination is illegal and not done here.”
  • Biomedical Waste Authorization: [SPCB authorization details].
  • ART/Surrogacy Registration IDs (if applicable): [●].
  • Grievance/Feedback: [email/phone/box].
  • Emergency Disclaimer: “This facility is not an emergency department.”

Legal anchors you can cite on your website’s “Compliance” page:

  • Clinical Establishments Act (Adopted by U.P.; UP Rules 2016 outline registration, records, fees, display, penalties).
  • PCPNDT Act/Rules (registration, Form‑F, display, two‑year record retention, monthly reporting).
  • MTP (Amendment) Act, 2021 (20–24 week provisions, medical boards, confidentiality).
  • ART Act 2021 & Rules 2022; Surrogacy Act 2021 & Rules 2022 (registration, consent, insurance, embryo transfer limits).
  • Telemedicine Practice Guidelines (2020) (ethics Appendix 5; identification/consent/prescription).
  • Bio‑Medical Waste Management Rules 2016; Amendments 2018/2019 (segregation, tracking, phase‑outs, annual reporting).
  • Digital Personal Data Protection Act 2023; IT/SPDI Rules 2011.

Payment & Commercial Terms (Website section)

  1. Accepted Modes: UPI, Cards, Net‑Banking, Cash (limits per RBI), TPA/Insurance where applicable.
  2. Advance/Deposits: Required for surgeries/ART/obstetric packages; estimate provided; final bill may vary with clinical needs.
  3. Refunds:
    • Appointment cancellation refund rules (tele/OPD) → [Insert timelines/fees].
    • Package refunds on pro‑rata basis less administrative charges; consumables/third‑party costs non‑refundable after use.
  4. Invoices: Will display RMP registration number as per medical regulations and telemedicine FAQs; keep copies for your records.

Additional Policies to Publish on the Website

  • Consent & Confidentiality Policy (umbrella statement linking to procedure‑specific consents; includes MTP confidentiality clause).
  • Advertising & Communications Policy (compliant, avoids misleading claims; aligns with ethical norms—avoid prohibited medical advertising; for fertility/stem‑cell pages add cautionary notices).
  • POSH (Prevention of Sexual Harassment) Policy for staff/patients on premises.
  • Infection Prevention & Control Statement and Hand Hygiene commitment; BMW summary.
  • Accessibility & Non‑Discrimination Statement (equal, dignified care).
  • Grievance Redressal & Escalation flow (clinic manager → medical director → external authority).
  • Cookie Notice (basic + analytics toggle).

What to Prepare Offline (Clinic File Kit)

  • Consent Packs: Normal delivery/C‑Section; VBAC; Laparoscopy; Hysteroscopy; Blood transfusion; Anesthesia; High‑risk pregnancy; ART (including donor/embryo storage); MTP (as per Act/Rules); Vaccination; Telemedicine consent (when needed).
  • Registers/Records: OPD/IPD (if any), PCPNDT Form‑F& Monthly Reports; ART/Surrogacy registers; BMW manifests with barcode tracking; Clinical Establishment returns; Complaints register.
  • Displays: PCPNDT certificate + “No sex selection” posters; Clinical Establishment certificate; BMW segregation chart; Emergency disclaimer; Fee chart; Patient rights & responsibilities.

Quick Compliance Checklist (Ghaziabad/UP)

  1. Clinical Establishment Registration (UP): Apply/renew via the UP portal; display certificate; maintain registers; follow UP Rules 2016 (apps, validity, fees, renewals).
  2. PCPNDT (if ultrasound offered): Registration of place & machines; display notices; maintain Form‑F; send monthly reports; record retention ≥2 years; only listed RMPs to operate; notify changes.
  3. MTP: Ensure eligibility, gestational limits, two‑RMP opinions for 20–24 weeks categories, medical board for substantial foetal anomalies; strict confidentiality.
  4. ART/Surrogacy (if offered): Registration numbers, consents, insurance for surrogate (36 months), embryo transfer limit policy, board certifications, reporting.
  5. BMW: Valid authorization with SPCB; colour‑coded bins, barcoding/GPS tracking with CBWTF; 2018/2019 amendments (e.g., chlorinated plastic phase‑outs), annual reports on website if required.
  6. Telemedicine: Platform/process aligned to 2020 Guidelines; e‑prescription format with RMP registration number.
  7. Data Protection: Publish this Privacy Policy; appoint a Grievance Officer; add consent flows; vendor DPAs; incident response per DPDP/IT Act.

Ready to Use Web Copy Blocks

Block: “Sex Determination Prohibited”
“Naumah Care strictly complies with the PCPNDT Act. Sex selection/sex determination is illegal and is not done here. Ultrasound services are provided only for lawful medical indications. Offenders are liable for prosecution.”

Block: “Telemedicine Notice”
“By initiating a teleconsultation, you consent to receive care via video/audio/text as appropriate. Our doctors may advise in‑person examination where clinically necessary. E‑prescriptions are issued as per India’s Telemedicine Practice Guidelines.”

Block: “ART/Surrogacy Compliance”
“Fertility services are rendered strictly under the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021/Rules 2022. Registration details are available at the clinic.”

Block: “Stem‑Cell Advisory”
“We do not offer unproven stem‑cell therapies. Patient counselling adheres to ICMR/DBT guidelines and the ICMR evidence reports.”

Block: “Biomedical Waste & Infection Control”
“We implement the Bio‑Medical Waste Management Rules, 2016 (amended 2018/2019), including segregation, bar‑coding and authorized disposal.”

Optional: Patient Rights & Responsibilities (short section)

  • Right to safe, dignified, non‑discriminatory care; to informed consent; to privacy/confidentiality; to information on fees; to copies of records.
  • Responsibility to provide accurate information, follow treatment, respect staff, and comply with laws (e.g., PCPNDT).