Data Privacy Policy
Updated on: 12 June 2021
Introduction
Complete Digital Solutions, Incorporated (CDSI) is involved in data banking. Data privacy is a major concern for the success of the company. Its compliance to the requirements of Republic Act Nr 10173 (Data Privacy Act of 2012) is foremost in its concern in delivering its services to its clients.
This Policy explains how we collect, process and store any personal data belonging to you, meaning information about you which is personally identifiable such as your name, address, telephone number or email address. Such information is referred to throughout this policy as "Personal Information"1, “Sensitive Personal Data.”2
By accessing and/or using our Services you consent to us collecting, processing, storing and sharing your Personal Information in the ways set out in this Privacy Policy. If you have any concerns about providing data to us or having it used in any manner permitted in this Privacy Policy you should not use our Services. As set out in the terms and conditions relating to our Services, you must be of legal age to access and use our Services.
About us
We are Complete Digital Solutions, Incorporated (CDSI, for brevity). We cater to the data banking needs of medical practitioners by providing a platform where they can store sensitive personal information about their patients which information shall be held in extreme confidence which will never be disclosed to any party for whatever reason unless ordered by courts of competent jurisdiction.
Cookies
1. We use cookies and other similar technologies. Cookies are small files which store some information on your computer or mobile device.
2. We use cookies and similar technologies: to allow us to recognize you and your device, for example by identifying your IP address; to allow our Services to interact with a third party social network or platform (where you have chosen to allow such interaction); to allow our payment processors to process your payment instructions; to provide you with more customized Services, for example to provide our Services in the correct language; to obtain data which will allow us to understand how people are using our Services so that we can improve them.
1 Any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. (RA 10173, Section 3 [g])
2 Personal information:
(1)About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2)About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3)Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and,
(4)Specifically established by an executive order or an act of Congress to be kept classified.
(RA 10173, Sec. 3 [l], 1-4)
3. By accessing our website(s) or using our Services you consent to our use of cookies in accordance with this Privacy Policy. You can disable cookies through your web or phone browser settings but you may find you are not able to enjoy all the features of our Services if you do so.
Data you provide us.
• Contact information (such as name and email address)
• Username and password
• Profile information (such as profile photo)
• Your messages to the Service (such as chat logs and user support tickets)
• Data bank of patients’ records
• Other data you choose to give us to be able to access your account.
Data we collect automatically.
• Data about your account and progress
• Your IP address and mobile device identifiers (such as your Device ID, advertising ID, MAC address)
• Data about your device, such as device name and operating system, browser type and language
• Data we collect with cookies and similar technologies (see more below)
• General location data
How will we use your Personal Information?
You agree that we may use your Personal Information for the purposes of: contacting you, for example as part of customer service or to send you updates about our Services; managing your account and relationship with us and improving your experience when you use our Services; research, surveying, and engaging with you, for example by sending you communications (including by email) for these purposes; marketing and promotion of our Services or related products, for example sending you communications (including by email) for these purposes; to create reports, analysis or similar services for use by us for the purposes of research or business intelligence, for example to track potential problems or trends with our Services; preventing cheating, crime or fraud.
Will we share your Personal Information with third parties?
We will only share your data with third parties:
1. with your consent (including as set out in this Privacy Policy);
2. as reasonably necessary in order to provide the Services to you (for example, by providing your Personal Information to suppliers we may use to fulfil the Services or to communicate with you);
3. where it is necessary to carry out your instructions (for example, to process a payment instruction we must provide your Personal Information to our payment processors);
4. where your data is on an anonymous and aggregated basis, meaning you could not be personally identified from it;
5. as we reasonably believe is permitted by law or regulation;
6. in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions and/or any other agreement with you; or to protect the rights, property, or safety of other subscribers;
7. in the event that there is a sale of the assets of CDSI or corporate restructuring, or as a result of a change of control of CDSI , or in preparation of any of these events. Any third party to which CDSI transfers of sells CDSI's assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy. We will not sell or rent your information to any third party outside of these circumstances.
For how long will we retain your information?
We will retain your Personal Information for as long as is necessary to fulfil the purposes for which it was collected or as needed to provide you with our Services. We may retain your Personal Information after you have closed any account you have with us or after we have ceased providing Services to you if retention of your Personal Information is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between members, prevent fraud, cheating or abuse, or enforce this Privacy Policy or any other agreement we may have with a user.
Should you desire to terminate your subscription, we shall need instructions on whether or not to keep all information that you may upload to our Services but not longer than NINETY (90) DAYS. In case of no instruction, we are obligated by the Data Privacy Act to delete all such uploaded information within THIRTY (30) DAYS from the date of termination of subscription.
How do we protect your Personal Information?
The security of your Personal Information is important to us. We maintain appropriate technical and physical safeguards to protect your Personal Information against accidental or unlawful destruction or loss, alteration, unauthorized disclosure or access, use and all other unlawful forms of processing of the data in our possession.
Links from our Services
We may provide links to third party websites from our Services. You understand that when you click on these links any data which you provide thereafter is subject to such third party's privacy policy and not to ours. Although we will endeavour only to link to reputable websites, CDSI takes no responsibility for the content, safety or security of any third party website.
Your rights in relation to your Personal Information
You have the right to request a copy of the information that we hold about you. If you would like a copy of some or all of your Personal Information, please contact us at [email protected] - we may make a small charge for this.
We want to make sure that your Personal Information is accurate and up to date. You may ask us to modify, correct or remove information by contacting us at the email address above.
Information that you have shared via our Services on any social network or third party platform cannot be amended or deleted by us where it is in the control of that social network or third party platform. In addition, where any third party copies information which you have made available via the use of our Services, we may not be able to amend or delete it because it may not be in our control.
You have the right to ask us not to use your Personal Information for marketing purposes. To change your marketing preferences, or to unsubscribe, please contact us at [email protected]
Accounts
You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to "log in details" or "account" include your log in details and account for any social network or platform that you may allow our Services to interact with.
If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account.
User conduct and content
You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
You promise that all the information you provide to us on accessing and/or accessing our Services is and shall remain true, accurate and complete at all times.
Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user ("Content"). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
You agree not to upload, communicate, transmit or otherwise make available any Content: that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable; that is or could reasonably be viewed as invasive of another's privacy; that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); which infringes any intellectual property right or other proprietary right of others; which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or, which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You agree that you will not use our Services to harm anyone or to cause offense to or harass any person; create more than one account per platform to access our Services; use another person or entity's email address in order to sign up to use our Services; use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services); disguise, anonymised or hide your IP address or the source of any Content that you may upload; use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; remove or amend any proprietary notices or other ownership information from our Services or any other part of our Services; interfere with or disrupt our Services or servers or networks that provide our Services; attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms); sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods; disrupt the normal flow of any of our Services or otherwise act in a manner that is likely to negatively affect other clients’ medical practice; disobey any requirements or regulations of any network connected to our Services; use our Services in violation of any applicable law or regulation; use our Services to cheat or design or assist in cheating (for example, by using automated means or third party software), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or use our Services in any other way not permitted by these terms.
If you are concerned that someone else is not complying with any part of these terms, please contact us here: [email protected]
We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
How to contact us
To find out more about how your Personal Information will be used please contact us by email at [email protected]
Complaints
We hope that you won't have any complaints about us or our Services. If you are unhappy with our use of your Personal Information then please contact our customer services department by emailing [email protected]. You also have the right to complain to your local data protection authority if there is a problem.
Legal matters
If any court or other competent authority finds any of the terms of this Privacy Policy to be invalid or unenforceable, the other terms of this Privacy Policy will not be affected.
This Privacy Policy is governed by and interpreted in accordance with the laws of the Republic of the Philippines. Any dispute arising in connection with this Privacy Policy will be subject to the exclusive jurisdiction of the courts of the Republic of the Philippines.
We are constantly innovating and looking for new ways to improve our Services. We may therefore amend this Privacy Policy from time to time to reflect such improvements or any other changes to our business. We will endeavour to tell you about any significant changes to this Privacy Policy which we feel may disadvantage you in any material way. If you object to any of the changes you should immediately stop using our Services and close any account you may have with us.
Your breach of these terms
We reserve the right to suspend or terminate your access to our Services (including the deletion of your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches).
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
Disclaimer and release
For any losses or harm, in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
We are not responsible for losses or harm not caused by our breach of these terms or negligence; or losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; any increase in loss or damage resulting from breach by you of any of these terms and conditions; or technical failures or the lack of availability of our Website, and/or social media channels where these are not within our reasonable control.
We will provide our Services with the same skill and care as other similar website service providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services and we are not responsible or liable for any interruptions or errors that you may experience while accessing our Services.
Intellectual property
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services is owned by or licensed to us.
Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Services (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else.
You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
In particular, you must not make available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise. By submitting Content via our Services you:
You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to [email protected], a description of the intellectual property rights and an explanation as to how they have been infringed; a description of where the infringing material is located; your address, phone number and email address; a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
Privacy
We will only collect, process, use and share your personal information (but not the information about your patients you uploaded to our system) in accordance with our Privacy Policy and as set out in these terms. By using our Services, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not access and/or use our Services.
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you avail of our services, you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network. This is intended to make our Services more accessible to you and others that uses our Services on that social network. If you do not agree to these practices you should not allow our Services to interact with your social network.
We may use cookies, or similar technologies to store certain types of information each time you use our Services. They may for example be used to help us recognize your computer and to ensure that your account is accessed by the person that inputs the correct username and password for that account.
Links
We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.
Entire agreement
These terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
Changes to these terms
We reserve the right to update these terms mentioned from time to time by posting the updated version at that address. We may do so because we may change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.
Severability
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at [email protected] in the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
Questions about these terms
If you have any questions about these terms you may contact us by email at [email protected].