Borderless Access Private Limited (“Borderless Access”) services,
including (without limitation) our website (www.borderlessaccess.com) and other
interactive properties or application through which the services are delivered,
including, but not limited to, The Panel Station (www.thepanelstation.com),
MDForLives (www.mdforlives.com), and associated applications (The Panel
Station, MDForLives) (collectively, the “Service”) are owned, operated and
distributed by Borderless Access (referred to in this Privacy Notice as
“Borderless Access” or “we” and through similar words such as “us,” “our,”
etc.). This Privacy Notice outlines the personal information that MDForLives
may collect, how MDForLives uses and safeguards that information, and with whom
we may share it.
MDForLives encourages our customers, visitors, business associates, and
other interested parties to read this Privacy Notice, which applies to all
users. By using our Service or submitting personal information to MDForLives by
any other means, you acknowledge that you understand and agree to be bound by
this Privacy Notice, and agree that MDForLives may collect, process, transfer,
use, and disclose your personal information as described in this Notice.
Further, by accessing any part of the Service, you are agreeing to THE TERMS
AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT
AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO
NOT USE ANY OF THE SERVICES.
Personal information (also commonly known as personally identifiable
information (PII) or personal data) is information that can be used to identify
you, or any other individual to whom the information may relate.
The personal information that we collect directly from those registering
for the Service includes the following categories:
•
Personally identifiable information (e.g.
First Name, Last Name, Gender, DOB, Phone number, Email, zip/postal code)
•
Personal profiles (socio-economic status,
financial, insurance, sports, automotive, employment, education, health, home
& family, lifestyles, e-commerce, media, technology & travel)
•
Results of surveys taken
•
Survey history
•
Medical prescription
•
Medical license number
•
National Provider Identifiers (US)
•
Linked profile links
•
An assigned unique identification number
(“UID”)
•
Non-personally identifiable information on
your household members
•
Photo and video images of you as described in
the next section
•
Company/employer and other relevant
employment-related information
•
Geographic or location information
•
Information contained in posts you may make
on public forums and interactive features of the Service
•
Information automatically collected about
you, your use of the Service, and your behavior on the Service
•
Telephone calls and e-mails to us may be
recorded and monitored for quality control purposes only, and we may intercept
communications when required for business purposes and permitted by law
•
Where permitted by law, aggregated behavioral
activity from your mobile device app, collected using a third-party meter
•
Other information that may be exchanged in
the course of engaging with the Service
Certain surveys will ask you to record photos or video of yourself as
part of the responses. You will be alerted to such collection before taking a
survey. By choosing to take those surveys, and granting the appropriate rights
at the time of taking the survey, you grant MDForLives permission to use your
likeness in a photograph, video, or other digital media (“photo”) in any and
all of its publications, including web-based publications, without payment or
other consideration.
You understand and agree that all photos will become the property of
MDForLives and will not be returned. By taking such surveys, you authorize
MDForLives to edit, alter, copy, exhibit, publish, or distribute these photos
for any lawful purpose, including, but not limited to, marketing/market
research purposes. In addition, you waive any right to inspect or approve the
finished product where your likeness appears, as well as any right to royalties
or other compensation arising from or related to the use of the photo.
Depending on the jurisdiction in which you are located, you may have the
option of expressing privacy rights as described in this Notice.
When providing personal information to MDForLives as described in this
Notice, that personal information is typically collected directly from you,
and, when collected directly from you, you will know the precise personal
information being collected by us. MDForLives does not collect personal
information from any other sources, except where it may automatically be
collected as described above regarding the third-party meter and in the section
titled “Cookies, Device Data, and How it is Used,” if the information in that
section is considered personal information.
Subject to the terms of this Privacy Notice, MDForLives uses the
above-described categories of personal information in several ways. Unless
otherwise stated specifically, the above information may be used for any of the
following purposes:
•
To administer the Service to you and its
customers, including creating a database of individuals willing to take part in
research and surveys and providing you information about rewards or gifts
earned
•
To invite you to take part in surveys or
research
•
Incentivizing your participation in surveys
•
Processing survey results
•
Evaluating which individuals may be best
suited for specific surveys based on past survey history
•
To respond to your requests
•
To distribute communications relevant to your
use of the Service or surveys, such as system updates or information about your
use of the Service or surveys
•
As may be necessary to support the operation
of the Service, such as for billing, account maintenance, and record-keeping
purposes
•
To maintain statutory and regulatory
compliance
•
To send you MDForLives solicitations, product
announcements, and the like that we feel may be of interest to you (you may
“opt out” of receiving these marketing materials)
•
In other manners after subsequent notice is
provided to you and/or your consent is obtained, if necessary
MDForLives will not sell or rent your personal information to third
parties without your consent, and such consent would be explicitly taken from
you only after providing the clear reasoning behind sharing such information in
an understandable manner.
We may provide any of the described categories of personal information
to Borderless Access's (for MDForLives) employees, consultants, affiliates, or
other businesses or persons for the purpose of processing such information on
our behalf in order to provide the Service to you. In such circumstances, we
require that these parties agree to protect the confidentiality of such
information consistent with the terms of this Privacy Notice.
MDForLives may also share your personal information with third-party
sample/market research companies (individually each a “Third-Party MR Company”
and collectively the “Third-Party MR Companies”) for the purpose of identifying
survey opportunities that you may be eligible for through those Third-Party MR
Companies. If you are eligible for a survey opportunity, the Third-Party MR
Company will provide your unique identification number and a survey link to us,
and we will invite you to participate in the survey. We will not share your
name, email address, or phone number with the Third-Party MR Companies. If you
have any questions about this data sharing or want to opt out, please contact
us as described herein.
We will not share your personal information with other third-party
companies for their commercial or marketing use without your consent, or except
as part of a specific program or feature for which you have the ability to opt
in or opt out.
In addition, we may release personal information:
•
To the extent we have a good-faith belief
that such action is necessary to comply with any applicable law
•
To enforce any provision of the Terms of
Service, protect ourselves against any liability, defend ourselves against any
claims, protect the rights, property and personal safety of any user, or
protect the public welfare
•
When disclosure is required to maintain the
security and integrity of the Service, or to protect any user's security or the
security of other persons, consistent with applicable laws
•
To respond to a court order, subpoena, search
warrant, or other legal process, to the extent permitted and as restricted by
law
•
In the event that we go through a business
transition, such as a merger, divestiture, acquisition, liquidation, or sale of
all or a portion of our assets
We may communicate with you using email, SMS, and other channels
(sometimes through automated means) as part of our effort to market our
products or services, administer or improve our products or services, or for
other reasons stated in this Privacy Notice. You have an opportunity to
withdraw consent to receive such direct marketing communications, as permitted
by law.
If you no longer wish to receive correspondence, emails, or other
communications from us, you may opt out by following these steps on the
website:
•
Go to Account Settings
•
Press the Unsubscribe button at the bottom
right of the screen
•
Upon clicking “Unsubscribe,” a dialogue box
will appear
•
Choose the required option from the dialogue
box
•
After choosing the option, press
“Unsubscribe”
Alternatively, you may opt out by using the UNSUBSCRIBE link in any
email communication you have received. You may also express your communication
preferences by:
•
Noting your preferences at the time you
register your account with the Site (or our mobile application)
•
Logging into your account settings and
updating your preferences
•
Contacting us using the contact information
provided below
Please note that you may continue to receive non-marketing
communications as may be required to maintain your relationship with
MDForLives.
In addition, you may receive third-party marketing communications from
providers we have engaged to market or promote our products and services. These
third-party providers may use communications lists they have acquired on their
own, and you may have opted in to those lists through other channels. If you no
longer wish to receive emails, SMSs, or other communications from such third
parties, you may need to contact that third party directly.
MDForLives will retain your personal information only for as long as is
necessary for the purposes set out in this Notice, typically until your account
is deleted. We will retain and use personal information to the extent necessary
to comply with our legal obligations, resolve disputes, and enforce our legal
agreements and policies.
MDForLives will also retain usage data for internal analysis purposes.
Usage data is generally retained for a shorter period of time, except when this
data is used to strengthen the security or improve the functionality of our
Sites and/or Portals, or we are legally obligated to retain this data for
longer periods.
Where you request deletion of your account or withdraw your consent, we
may retain limited Personal Information for a period of up to one (1) year from
the date of such request or account closure, where reasonably necessary to:
(i) comply with applicable legal or regulatory obligations;
(ii) satisfy contractual obligations owed to our clients;
(iii) conduct audits, reconciliation, response verification, quality
assurance or incentive validation;
(iv) investigate or resolve complaints, disputes or suspected fraudulent
activity;
(v) establish, exercise or defend legal claims; or
(vi) otherwise protect the integrity and security of our Services.
The limited Personal Information that may be retained during this period
may include your name, email address, phone number, details of reward points
earned and redeemed, the number of surveys in which you have participated, and
your survey responses, to the extent reasonably necessary for the purposes set
out above.
For clarity, the thirty (30)-day period referred to above relates to the
processing and completion of your account deletion request. The one (1)-year
retention period referred to in the “Retention” section applies only to limited
Personal Information that we may retain after deletion or withdrawal of consent
where reasonably necessary for the purposes described in that section.
Following expiry of the applicable retention period, such Personal
Information will be deleted, anonymised or otherwise handled in accordance with
our applicable retention policies and applicable law.
When you use our Service, we may record unique identifiers associated
with your device (such as the device ID and IP address), your activity within
the Service, and your network location. MDForLives uses aggregated information
(such as anonymous user usage information, cookies, IP addresses, browser type,
clickstream information, etc.) to improve the quality and design of the Service
and to create new features, promotions, functionality, and services.
Specifically, we may automatically collect the following information about your
use of the Service through cookies, web beacons, and other technologies:
•
Domain name
•
Browser type and operating system
•
Web pages you view
•
Links you click
•
IP address
•
The length of time you visit the Sites,
Portals, and/or Services
•
The referring URL or webpage that led you to
the Sites
We may also collect information regarding application-level events, such
as crashes, and associate that temporarily with your account to provide
customer service. In some circumstances, we may combine this information with
personal information collected from you (and third-party service providers may
do so on our behalf).
In addition, we may use “cookies,” clear gifs, and log file information
that help us determine the type of content and pages to which you link, the
length of time you spend at any particular area of the Service, and the portion
of the Service you choose to use. A cookie is a small text file sent by a
website to your computer or mobile device, where it is stored by your web
browser. A cookie contains limited information, usually a unique identifier and
the name of the site. Your browser has options to accept, reject, or provide
notice when a cookie is sent. Our cookies can only be read by MDForLives; they
do not execute any code or virus, and they do not contain any personal
information. Cookies allow MDForLives to serve you better and more efficiently,
and to personalize your experience with the Service, including saving your
password and delivering content (which may include third-party advertisements)
specific to your interests.
We may use third-party service providers to help us analyze certain
online activities, such as measuring the performance of our online campaigns or
analyzing visitor activity on the Service. We may permit these service
providers to use cookies and other technologies to perform these services for
MDForLives. We do not share any personal information about our customers with
these third-party service providers, and these service providers do not collect
such information on our behalf. Our third-party service providers are required
to comply fully with this Privacy Notice.
If you choose to end your membership with the MDForLives Service or to
require us to cease processing your personal information, you may automatically
discontinue your membership by clicking Unsubscribe after logging into your
account on the particular MDForLives Service. By following the appropriate
directions, your record will be marked as “do not contact,” and you will no
longer receive communications from the particular MDForLives Service. In
addition, you will forfeit any incentive balance that has not been requested as
of the time you opt out. Please allow two to three business days for processing
of this change.
As an alternative, you may send an email directly to dataprotectionofficermdfl@borderlessaccess.com requesting to be removed. We will retain
your information for as long as your account is active or as needed to provide
you services. We will retain and use your information as necessary to comply
with our legal obligations, resolve disputes, and enforce our agreements.
If you wish to permanently delete your account and Personal Information,
you may submit a deletion request by contacting our Data Protection Officer at
dataprotectionofficer01@borderlessaccess.com. Upon receipt of a deletion
request, we will begin processing your request promptly. Please allow up to
thirty (30) days for the deletion process to be completed.
During this thirty (30)-day period, your account will remain in a
pending deletion status. This period is required to complete the deletion
process across our relevant databases, systems and automation servers and,
where applicable, to complete necessary administrative, financial,
reconciliation, audit or other operational processes.
If you log into your account, access the Platform using your existing
account credentials, request or use a One-Time Password (OTP) or temporary
authentication code, or access the Platform through any historical survey
invitation, account activation link or other account-specific link during this
period, your deletion request will be deemed withdrawn and the deletion process
will be cancelled.
If you wish to proceed with permanent deletion, you should refrain from
accessing or using your account during the thirty (30)-day pending deletion
period until you receive confirmation that your account has been deleted.
Any personal information that you provide to us via our MDForLives
Service is securely transferred and stored on our servers situated in India and
the United States of America. Additionally, based upon the jurisdictional
requirement of the survey, we may also store your information on a server
situated in another relevant country, ensuring proper data security measures.
We may transfer this information to third parties in different jurisdictions to
allow processing for the purpose of enhancing our services, after informing
you.
International Data Transfer
Where we transfer personal information out of the EEA, the United
Kingdom, or Switzerland to a country that has not been recognized as providing
an adequate level of data protection, we rely on appropriate safeguards
recognized under applicable law, including the European Commission's Standard
Contractual Clauses (and, where applicable, the UK's International Data
Transfer Agreement or Addendum), to ensure your personal information continues
to receive an equivalent level of protection. You may request a copy of the
relevant safeguard by contacting us as described in the "Contact Us / Data
Protection Officer" section.
If you are located in the EEA, Brazil, South Africa, and similarly
regulated countries, data protection laws (e.g. the General Data Protection
Regulation (“GDPR”)) grant you certain rights, in particular the right to
access, correct, and delete the personal information we hold about you.
MDForLives will retain your personal information for the length of time you
engage with our services as described in the Retention of Data section of this
Notice, until you request deletion of such personal information.
In certain circumstances, you have the following data protection rights:
•
The right to access, update, or delete the
personal information we have on you
•
The right of rectification — to have your
personal information rectified if it is inaccurate or incomplete
•
The right to object to our processing of your
personal information
•
The right of restriction — to request that we
restrict the processing of your personal information
•
The right to data portability — to be
provided with a copy of your personal information in a structured,
machine-readable, and commonly used format
•
The right to withdraw consent at any time
where we relied on your consent to process your personal information
In order to make a
request regarding your personal information, please contact dataprotectionofficermdfl@borderlessaccess.com.
If you have a comment, question, or complaint about how we are handling
your personal information, we hope that you contact us at dataprotectionofficermdfl@borderlessaccess.com so that we may resolve the matter. In
addition, depending on where you are located, you may submit a complaint
regarding the processing of your personal information to a regulator (e.g. the
EU data protection authorities).
France – Transparency of Transfers of Value (French Sunshine Act)
In accordance with Articles L.1453-1 to L.1453-3 of the French Public
Health Code (the "French Sunshine Act"), Borderless Access is
required to publicly disclose certain transfers of value (including
remuneration, incentives, gifts, hospitality, or benefits in kind) made to
healthcare professionals ("HCPs") and healthcare organizations
("HCOs") located in France, where such transfers exceed the
thresholds set by applicable French law.
Where you participate in MDForLives surveys or research as an HCP or HCO
based in France, and you receive any reportable transfer of value from us in
that capacity, we will collect, process, and disclose the following information
to the relevant French authorities via the "Transparence Santé"
public database: your name, professional registration/license number,
professional address, the nature and date of the transfer of value, and the
amount or estimated value of the benefit provided.
This disclosure is made in fulfilment of our legal obligation under
French law, and does not require your separate consent. This information is
published publicly by the French health authorities and remains available in
accordance with the retention periods set by French law. If you have questions
about a specific disclosure made about you, please contact us using the details
in the "Contact Us / Data Protection Officer" section below.
If you are located in the EEA, our legal basis for collecting and using
the personal information described in this Notice depends on the personal
information we collect and the specific context in which we collect it. We may
process personal information because:
•
We need to perform a contract with you
•
You have given us consent to do so
•
The processing is in our legitimate interest
to offer the Service, when that legitimate interest is not overridden by your
rights
•
To comply with the law
Where personal information is processed based on consent, EU residents
have the right to withdraw such consent at any time. To do so, please contact
us as described in this Notice. If there is a different legal basis that would
permit us to continue processing your personal information after withdrawing
consent, we will notify you of that legal basis at the time of your request.
Certain categories of personal information we collect — including
medical prescription information, medical license numbers, National Provider
Identifiers, and health-related survey responses — constitute "special
category data" under Article 9 of the GDPR and sensitive personal data
under other applicable laws. We process this information only where one of the
following applies: (i) you have given your explicit consent to such processing
for one or more specified purposes; (ii) processing is necessary for reasons of
substantial public interest, on the basis of applicable law; or (iii) another
exemption under Article 9(2) GDPR (or the equivalent provision of applicable
local law) applies. Where our processing of this information relies on your
explicit consent, you may withdraw that consent at any time by contacting us as
described in the "Contact Us / Data Protection Officer" section,
without affecting the lawfulness of processing carried out before withdrawal.
If you are a California resident, California law may provide you with
certain rights with regard to your personal information under the California
Consumer Privacy Act (“CCPA”). Throughout this Privacy Notice you will find
information required by CCPA regarding the categories of personal information
collected from you, the purposes for which we use personal information, and the
categories of third parties your data may be shared with. This information is
current as of the date of the Notice and is applicable in the 12 months
preceding the effective date of the Notice.
As a California resident, the CCPA provides you the ability to make
inquiries regarding your personal information. Specifically, to the degree the
information is not already provided in this Privacy Notice, you have the right
to request disclosure about the collection and use of your personal information
over the past 12 months, including:
•
The categories of personal information
collected about you
•
The categories of sources for the personal
information collected about you
•
The business or commercial purpose for
collecting your personal information
•
The categories of third parties with whom
your personal information was shared
•
The specific pieces of personal information
collected about you
•
If your personal information was disclosed
for a business purpose, the personal information categories disclosed and the
categories of third parties to which the information was disclosed
•
If your personal information was sold in the
past 12 months, the personal information categories sold and the categories of
third parties to which the information was sold (Note: MDForLives does not sell
personal information)
Please note that you may only make the above requests twice in a
12-month period. You also have the right to request that any of your personal
information collected and retained be deleted, subject to certain exceptions.
Finally, you have the right to not receive discriminatory treatment by
MDForLives or any business for exercising any of the rights provided under
CCPA.
You may submit a request to delete your personal data under CCPA by
logging into your MDForLives account, then clicking “Unsubscribe” in Account
Settings and choosing the “Unsubscribe & Delete” option, or by contacting
us at dataprotectionofficermdfl@borderlessaccess.com.
If we receive a CCPA request from you, we will first make a
determination regarding the applicability of the law, and we will then take
steps to verify your identity prior to responding. The steps to verify your
identity may vary based on our relationship with you, but, at a minimum, will
take the form of confirming and matching the information submitted in the
request with information already held by MDForLives and/or contacting you
through previously used channels to confirm that you submitted the request
(i.e. confirming identity through contact information that we have on file, not
the contact information submitted to make the request).
Your rights as stated here can also be exercised by an authorized agent
on your behalf. MDForLives will follow the standards set by the Attorney
General of California regarding designation of an authorized agent to exercise
rights under CCPA. You may review information available from the Attorney
General regarding how an individual can be designated as an authorized agent
under CCPA.
In addition to CCPA, California Civil Code Section 1798.83 permits users
of the Website who are California residents to request certain information
regarding its disclosure of personal information to third parties for their
direct marketing purposes. To make such a request, please contact us as
described here.
The categories of personal information, if any, disclosed for a business
purpose, and whether we sold or shared your sensitive personal information
(Note: MDForLives does not sell or share personal information for cross-context
behavioral advertising)
If you are located in India, the Digital Personal Data
Protection Act, 2023 ("DPDP Act") applies to our processing of your
personal data as a "Data Fiduciary." Where we rely on your consent to
process your personal data, we will provide you with a clear notice describing
the personal data being collected and the purpose of such processing, in the
manner required under the DPDP Act, before or at the time of collecting your
consent.
Subject to applicable exceptions, you have the
following rights as a Data Principal under the DPDP Act:
To exercise any of these rights, or to register a
grievance, please contact our Data Protection Officer / Grievance Officer using
the details in the "Contact Us / Data Protection Officer" section of
this Notice. We will acknowledge and respond to your request within the
timelines prescribed under the DPDP Act and its rules.
If you are not satisfied with our response, you have
the right to file a complaint with the Data Protection Board of India.
In the event of a personal data breach, we will notify
the Data Protection Board of India and affected Data Principals in accordance
with the timelines and manner prescribed under the DPDP Act.
Borderless Access is an ISO 27001 certified company, and we take
adequate steps to help protect your personal information. We employ
industry-standard security measures designed to protect the security of all
information submitted through the Service. However, the security of information
transmitted through the internet or via a mobile device can never be
guaranteed. We are not responsible for any interception or interruption of any
communications through the internet or for changes to or losses of data.
Users of the Service are responsible for maintaining the security of any
password, user ID, or other form of authentication involved in obtaining access
to password-protected or secure areas of the Service. In order to protect you
and your information, we may suspend your use of the Service, without notice,
pending an investigation, if any breach of security is suspected.
The Service may contain links to other websites maintained by third
parties. Please be aware that we exercise no control over linked sites, and
MDForLives is not responsible for the privacy practices or the content of such
sites. Each linked site maintains its own independent privacy and data
collection policies and procedures, and you are encouraged to view the privacy
policies of these other sites before providing any personal information.
You hereby acknowledge and agree that MDForLives is not responsible for
the privacy practices, data collection policies and procedures, or the content
of such third-party sites, and you hereby release MDForLives from any and all
claims arising out of or related to the privacy practices, data collection
policies and procedures, and/or the content of such third-party sites.
We value and respect the privacy of children. This Service is not
intended for anyone under the age of 18 years. MDForLives does not knowingly
collect the personal information of individuals under the age of 18 years.
MDForLives reserves the right to modify this Privacy Notice from time to
time in order that it accurately reflects the regulatory environment and our
data collection principles. When material changes are made to this Privacy
Notice, MDForLives will post the revised Notice on our website. This Privacy
Notice was last modified as of 1st May 2024.
In accordance with
applicable data protection laws, including the General Data Protection
Regulation (EU) 2016/679, the UK GDPR, and the Digital Personal Data Protection
Act, 2023, the contact details of our designated Data Protection Officer /
Grievance Officer are provided below.
Name:
Ramanjeet Singh
Designation:
Data Protection Officer / Grievance Officer
Email Address: dataprotectionofficer01@borderlessaccess.com
Postal Address:
7th Floor, Building 2B, Tower-3, Embassy Tech Village, Marathahalli, Outer Ring
Road, Devarabeensanahalli, Bengaluru, Karnataka, India-560103
The Data Protection
Officer / Grievance Officer may be contacted for any queries, requests, or
grievances relating to the processing of personal data, including the exercise
of data subject rights under applicable data protection laws. Any grievance,
complaint, or request received under this section shall be acknowledged and
addressed within such timelines as may be prescribed under applicable law.
Where no specific timeline is mandated, we shall use reasonable efforts to
respond within a reasonable period, taking into account the nature, complexity,
and volume of requests.