Date Modified: June 23, 2020
This Privacy Statement (“Privacy Statement") by DocKoTo developed by Ideahub IT Solutions, Inc. (“DocKoTo” “we”, or “us”) applies to persons who use directly or through another the DocKoTo App in (1) requesting telehealth service or other on-demand services (the “Services”) by users (collectively “Users”) or (2) accepting bookings for such services by doctors, nurses, physical therapists, and other medical professionals (the “Medical Professionals”). Client(s) shall include the User, his/her direct ascendants, descendants and/or siblings, (collectively, “Family Members”), and minors of whom the User exercises legal guardianship, as registered by the User with the DocKoTo Application. Users, Clients, and Medical Professionals shall be collectively referred to herein as “you”.
If you do not agree to be bound by all the terms of this Privacy Statement, please exit this site immediately and do not use the Application and our Services. DocKoTo may at any time and at our sole discretion, amend and update this Privacy Statement, without notice to the user. You are responsible for regularly reviewing this Privacy Statement. Any such amendments, modifications and/or updates will be effective immediately upon posting of such updated Privacy Statement or the amended policies (if any) or supplemental terms (if any) on the applicable Service(s). Your continued access or use of the Application or our Services after posting such amendments, modifications and/or updates confirms your acceptance and consent to be bound by the Privacy Statement, as amended.
Under this Privacy Statement, personal information (“Personal Information”) shall include, but is not limited to: name; address; mobile phone number; age; gender; birthdate; marital status; email address; telephone number; profile picture; payment method; medical records; professional details; accreditations; employment records; hospital affiliation (if any); or any other details relative to the practice of profession; or any other information necessary to create or modify user account, request medical services, contact customer support, or otherwise communicate with us. It may also refer to any other information whether recorded in a material form or not, from which an identity is apparent or can be reasonably and directly ascertained by us, or when put together with other information would directly and certainly identify you. As used herein, Personal Information shall include both Personal Information and Sensitive Personal Information as defined under Republic Act No. 10173 or the Data Privacy Act of 2012.
DocKoTo collects Personal Information from or about you in the following manner:
when you download the DocKoTo App;
when you create an account in DocKoTo App manually by using email address; and
when you use the DocKoTo App.
DocKoTo processes Personal Information to fulfill our contractual obligations to you, comply with legal obligations and regulatory requirements, or as may be reasonably necessary to conduct our business. In all cases where we process Personal Information, we will uphold your rights under Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (“DPA”), including its Implementing Rules and Regulations (“IRR”) as well as other issuances of the National Privacy Commission (“NPC”) (collectively, the “Law”). We also recognize that the personal data of European Union residents and/or nationals are protected by the General Data Protection Regulation (“GDPR”) and that the GDPR covers the processing activities involving the personal information of the aforementioned individuals. In this regard, we state that our policy commitment is to adopt all standards and regulations prescribed by the Law as well as by the GDPR, as may be applicable to you.
DocKoTo may also collect transaction details related to your use of the DocKoTo App, including pending bookings, cancelled bookings, completed booking appointments, type of service requested, date and time the service will be provided or was provided, chargeable amount or actual amount charged, and other related transaction details. Additionally, if someone uses your promo code, we may associate your name with that person.
By accepting this Privacy Statement and submitting the required Personal Information or User Content to us, you consent to such collection, disclosure, processing and retention thereof. You hereby expressly waive and release us from any and all liability, claims, causes of action or damages arising from our legitimate use of the submitted information, Personal Information or User Content.
REPRESENTATIONS AND WARRANTIES
As a User, you represent and warrant that:
Upon adding a Family Member of legal age to your User account, you have personally secured the consent of the said Family Member for the registration, disclosure, processing and retention of his/her personal data.
You hereby warrant that the registration of a Family Member with the DocKoTo App and subsequent use thereof shall be for lawful use only, and Ideahub shall not be responsible for any improper use of the DocKoTo App including, but not limited to, unauthorized registration and improper use of the App.
You have amicable relations with the Family Member/s whose personal data you have added to your DocKoTo App and on whose behalf you will avail of the Services. Conversely, you undertake to immediately remove the personal data and cease from availing the Services on behalf of the Family Member with whom you have existing strained relations such as, but not limited to, existence of family discord or adversarial case before any court.
You will immediately remove the personal data of the Family Member from your DocKoTo App User account upon instruction of the former for any reason whatsoever.
When the minor – of whom the User exercises legal guardianship – reaches the age of eighteen (18) years old, the User must remove the personal data of the said minor who became of legal age from his/her DocKoTo App User Account unless both conditions concur:
The minor who became of legal age is a Family Member of the User; and
The User have personally secured the consent of the said minor who became of legal age with respect to his/her personal data as provided by the User to the DocKoTo App.
USE OF PERSONAL INFORMATION
Subject to the provisions of the Law, this Privacy Statement, the Terms of Service, and applicable terms and conditions of third-party applications, all data transmitted through the DocKoTo App is owned by Ideahub; provided, however, that the Personal Information, such as medical information, that you provide for the purpose of scheduling a visit with a Medical Professional or for accepting a Service from such Medical Professional will be solely owned by the Medical Professional. To the extent that Ideahub is precluded from owning data transmitted through the DocKoTo App, you grant Ideahub a perpetual, worldwide, royalty-free license to use such data (with the exception of medical information) to the extent necessary to enable use of the DocKoTo App and Services.
DocKoTo may use and process your Personal Information for its business and activities which shall include the following purposes:
for the purposes of contracting with or engaging you for the Services;
to connect you with third-party providers of the Services;
to facilitate or enable checks as may be required by Ideahub in order to engage or contract with you;
to process payments relating to any Services you have provided or requested;
to contact you;
to validate your requests, purchases and bookings as well as process payments relating to any products or Services you have requested;
to understand and analyze our sales as well as your needs and preferences;
to respond to questions, comments and feedback from you;
to communicate with you for any of the purposes listed in this Privacy Statement;
for internal administrative purposes, such as auditing, data analysis, database records;
for purposes of detection, prevention and prosecution of crime;
for Ideahub to comply with its obligations under the Law;
to enhance or develop features, products and services; and
to personalize the content that you and others see on the DocKoTo App.
DocKoTo will also use Personal Information collected for the Services to:
approve, facilitate, administer and process applications and transactions;
respond to queries, requests and complaints and improve how we interact with you;
send you statements, billings, notices and other such documents necessary for continued use of our products and services;
conduct studies and researches for the purpose of reviewing, developing and improving our products and services;
perform profile analysis, behavioral modeling and analytics to understand needs, preferences and market trends to be able to improve and recommend suitable products and services;
reach out to you regarding products and services information, including offers, promotions, discounts, rewards; and for personalizing your experience with our various touch points such as telemarketing, email, messaging and other channels;
determine the effectiveness of our marketing efforts and initiatives;
provide location-based services;
perform certain protective safeguards against improper use or abuse of our products and services including fraud prevention;
comply with our operational, audit, and administrative processes, policies and procedures, the terms and conditions governing our products and services, legal and regulatory requirements of government regulators, judicial, supervisory bodies, tax authorities or courts of competent jurisdiction, as the same may be amended or supplemented from time to time;
comply with applicable laws of the Philippines;
comply with legal and regulatory requirements and respond to court orders and other instructions and requests from any local authorities including regulatory, governmental, tax and law enforcement authorities or other similar authorities, as may be applicable; and
perform other such activities permitted by Law or with your consent.
Ideahub may process your Personal Information for any of the aforementioned purposes and in accordance with the terms of this Statement for the duration of your contract with us and for such period as it is allowed under the Law to process and retain your Personal Information.
SPECIAL NOTICE FOR USERS OF THE DocKoTo APP
IF YOU ELECT TO MAKE YOUR PROFILE (OR THAT OF your direct ascendantS, descendants, AND/OR siblings, AND/OR OF minors of whom you exercise legal guardianship, [collectively, your “Family Members”]), VIEWABLE BY MEDICAL PROFESSIONALS, ALL INFORMATION (EXCLUDING PERSONAL CONTACT INFORMATION) THAT YOU INCLUDE IN THAT PROFILE MAY BE VIEWED BY MEDICAL PROFESSIONALS. YOU SHOULD NOT ENTER ANY INFORMATION IN THE PROFILE THAT YOU OR YOUR FAMILY MEMBERS WISH TO REMAIN CONFIDENTIAL. MEDICAL PROFESSIONALS WILL NOT BE ABLE TO CONTACT YOU EXCEPT THROUGH THE PERSONAL CONTACT INFORMATION YOU PROVIDE THROUGH THE DocKoTo APP. WE ARE NOT RESPONSIBLE FOR THE RETENTION, USE OR PRIVACY PRACTICES OF MEDICAL PROFESSIONALS AFTER THEY HAVE RECEIVED YOUR INFORMATION.
STORAGE OF PERSONAL INFORMATION
All information provided to us may be stored, processed, and/or accessed by us, for business purposes, including for marketing, service development and improvement, industry and market research, and such other lawful purposes consistent with our company policies, and with the Law.
Ideahub does not, and will not, sell personal data to third parties. All our engagements with third parties shall be fully compliant with our obligation of confidentiality imposed on us under the applicable agreements and/or terms and conditions or any applicable laws that govern our relationship with you.
Your personal information shall be retained for as long as the purpose for which it was collected, and such other purposes that you may have consented to from time to time, remains in effect until such time as it is no longer required nor necessary to keep your information for any other legal, regulatory or business purposes. We undertake to delete your personal information within five (5) years from the time that the information is no longer necessary pursuant to the above conditions.
Disclosure of PERSONAL Information
Subject to any limitation and consistent with the guidelines set under all applicable laws, you consent that we may provide any information collected from you and available to us about you and in connection with your use of the DocKoTo App to third parties which include the following:
with the staff and employees of Ideahub and its affiliates;
with Medical Professionals to enable them to provide the Services requested by Users using the DocKoTo App;
with third parties to provide the Services requested through a partnership or promotional offering made by a third party or the company, if any;
with the general public if User Content is submitted in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
with third parties with whom you choose to let us share information;
with our subsidiaries and affiliated entities and their employees that provide services or conduct data processing, data centralization and / or logistics purposes on our behalf;
with vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf, such as work related to:
compliance with legal requirements;
addressing fraud, security or technical issues, to respond to an emergency or otherwise to protect the rights, property or security of our customers or third parties; or
carrying out all other purposes set out above;
with regulators, law enforcement officials, government authorities or any competent authority in response to a request for information if we believe that disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process, or not inconsistent with our DocKoTo End-User License Agreement for Users available at: https://dockoto.com/terms, including the following instances:
there is a complaint, dispute or conflict relating to the service provided under the DocKoTo App or any proceedings in defense of claims or enforcement of rights and/or upon any compulsory order by a court of competent jurisdiction or any other ground/s allowed under applicable law;
it is necessary to enforce the Terms of Services of DocKoTo;
it is required, as determined solely by Ideahub, by applicable law, regulation, ordinance, license, or operating agreement; or
it is necessary, as determined by Ideahub, to protect our safety, rights, property, or security or that of any third party; to detect, prevent, stop or otherwise address fraud, security, technical issues or any activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable;
with any other entity in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; and
with any third party to whom we transfer any of our rights and obligations.
PROTECTION OF PERSONAL INFORMATION
Ideahub fully recognizes the value of your Personal Information particularly as it may include Sensitive Personal Information such as your government-issued IDs, etc. Appropriately, we strive to maintain the confidentiality, integrity and availability of your personal information by employing physical, technological and procedural safeguards. We are committed to implement physical, electronic, and procedural safeguards to protect your Personal Information against loss, misuse, damage and unauthorized processing, access, disclosures or modifications of Personal Information. We train our employees to properly handle your information. Whenever we engage other companies to provide services for us, we require them to protect personal information aligned with our own security standards and with the applicable laws. We continuously review and enhance our security policies and security measures to consistently maintain a high level of security.
Ideahub may transfer, store, and/or process your personal information outside the Philippines. In doing so, we will comply with the Law.
Unsolicited Idea Submission Policy
Unsolicited idea (“Unsolicited Idea”) refers to any suggestions including, but not limited to, ideas for new or improved services or technologies, service enhancements, processes, materials, marketing plans or new service names, artworks, new advertising campaigns, and new promotions. Ideahub or any of its employees do not accept or consider Unsolicited Ideas or suggestions from you at all times.
We strongly request you not to submit any of your original creative work or suggestion in any form available to improve and to enhance our services to us or any of our employees.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when our services or marketing strategies might seem similar to the unsolicited ideas or suggestions submitted to us. If, despite our request that you not send us any of your ideas or suggestions, you still do so, you are deemed to have agreed upon the following terms and conditions:
Ideahub will automatically own your submission(s) and their contents as its property, without any compensation or recognition to you;
Ideahub may use, sell or redistribute the submission(s) and their contents for any purpose and in any way as it deems fit;
Ideahub does not have any obligation to review any submission(s); and
Ideahub does not have any obligation to keep any submission(s) confidential.
DATA PRIVACY RIGHTS
Under the Law, you are entitled to the following data privacy rights:
the right to be informed whether your Personal Information shall be, are being, or have been processed;
the right to object to the processing of your Personal Information;
the right to reasonably access your Personal Information;
the right to dispute the inaccuracy or error in your Personal Information and have us correct it immediately and accordingly;
the right to suspend, withdraw, or order the blocking, removal or destruction of your Personal Information from our records;
the right to file a complaint with the National Privacy Commission for any violation of your data privacy rights;
the right to be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of your Personal Information not in accordance with this Statement; and
the right to data portability of your Personal Information.
In respecting your data privacy rights, you may opt to tell us:
not to send you or to opt out from receiving marketing materials via email;
not to share your information with our subsidiaries and affiliates or with other companies that we have business with provided that such information is not critical nor required by applicable laws and regulations in maintaining the services that you have availed with us;
to provide you with information that we currently have about you subject to restrictions applied to us as a company operating in the Philippines by certain laws and regulations;
to update your information; and
about your other concerns relating to how we collect, use, share, protect or dispose your information.
If you do not wish for your Personal Information to be collected via cookies on our website, you may deactivate cookies by adjusting your internet browser settings to disable, block or deactivate cookies, by deleting your browsing history and clearing the cache from your internet browser.
Ideahub, however, welcomes any feedback from you regarding any area of our existing services or marketing strategies as you use the DocKoTo App for Users or the DocKoTo App for Medical Professionals. You may send your specific feedback thru [email protected]. Any feedback you provide at our website shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
In sending your feedback, please do not include any Unsolicited Ideas that are contrary to law, morals, customs, public policy, public order or any of our company’s existing policies. Your feedback is highly appreciated as it serves as a way for us to improve our services and best satisfy your needs.
For any queries, clarifications or requests on any aspect of this Privacy Statement, the exercise of your rights pertaining to your personal information or to provide any feedback that you may have about our processing of personal information, please get in touch with us via email us at [email protected] which is manned during business hours.
ACKNOWLEDGEMENT AND CONSENT
By communicating with APPPPS using the DocKoTo App and our Services or by virtue of your engagement with APPPPS, you acknowledge that you have read and understood this Privacy Statement and agree and consent to the use, processing and transfer of your Personal Information by APPPPS as described in this Privacy Statement.
From time to time, we may modify, update or amend the terms of this Privacy Statement by placing the updated Privacy Statement on our website. The effective date of such modifications, updates or amendments will be noted at the end of the Privacy Statement. You should therefore review it periodically so that you are up to date on our most current policies and practices. If we make material changes to our practices regarding the processing and/or use of your Personal Information, your Personal Information will continue to be governed by the version of the Privacy Statement to which such Personal Information was subject (prior to those changes), unless you have been provided notice of, and have not objected to, the changes. By continuing to communicate with APPPPS, by continuing to use our Services or by your continued engagement with APPPPS following the modifications, updates or amendments to this Privacy Statement, such actions shall signify your acceptance of such modifications, updates or amendments.
By submitting the required Personal Information to us, you consent to such collection, disclosure and use thereof. You hereby expressly waive and release us from any and all liability, claims, causes of action or damages arising from our legitimate use of the submitted Personal Information.