Elaborates Patient Health Data Protection-Protocol applicable to duties performed under Section A-1*, A-2*, A-3*, A-4* and D-1* of Brainpan Data Protection Guidelines, and protection of Patient Health Data and Personal Information while performing other business related duties or duties of any nature associated and/or relevant to Brainpan and its functionality.

This Patient Data Protection Agreement (“PDPA”) forms part of the master agreement between the company, in this case Brainpan Innovation Private Limited, herein referred to as Brainpan, and workforce* associated with it, to reflect the parties’ agreement with regard to the Processing of Personal Data of Patients/Customers, in accordance with the requirements of Data Protection Laws.

Scope of Personal Information and Health Data under the purview of PDPA

1. Any basic personal information of the patient or customer of Brainpan, inclusive of, but not limited to name, address, contact details, race, religion, gender, profession, personal images, bank information, health card credentials.
2. Any type of health data of the patient or customer of Brainpan, inclusive of, but not limited to prescription data, treatment information, information regarding existing health status and/or ailments, patient history, course of treatment, diagnostic test reports, radiology test reports and other report(s) of any kind that contains medical or personal data of the patient.
3. Details of doctors, medical staffs, health facilities, partners or affiliated agencies, hospitals, clinics, camps, diagnostic centers, radiology labs or any facility of any kind with which the patient/customer is associated or undergoing any treatment, examination or test.
4. Credentials that allows Patients/customers to access their health information provided to them by Brainpan. It is inclusive of, but not limited to login ID or user ID and password used to access Brainpan proprietary platform of any type.
5. Any personal information that may affect or harm the patient/customer in qualitative or quantitative aspects of life.

Brainpan Guideline: Regarding Breach of PDPA

The company, in general, holds a very strict policy of data privacy for all the patients/customers, attendants or any third party that is associated with the patient’s involvement with Brainpan. As a general issuance of protocol, it is to be clearly understood that under no circumstances Brainpan approves unauthorized access, alteration, transference, extraction* or, sharing of any form of patient’s or customer’s Personal Information or, Health Data that belongs to Brainpan, its collaborator, partner-organization or to any of its affiliated partners. Any member from the workforce*, if attempts or, indulges, in violating the privacy norms under PDPA, shall be put liable to extreme punitive actions (inclusive of, but not limited to Legal Proceedings, Cash Penalty commensurate to the loss incurred due to liability, Character Assessment and Reporting) post-termination, effective immediately from the time of attempt/indulgence.

Categories and Clauses: Workforce

• Any member of the workforce* currently serving Brainpan falls under the obligation of safeguarding personal information and health data of Brainpan subscribers (patient/customer) until he/she remains as a member of the workforce*. It is imperative that any such information (material, hard copy, soft copy and digital data) shall be transferred back to Brainpan at the time of voluntary release from active duty or during termination.
• Any member of the workforce* that has served in the past and is not serving Brainpan currently, falls under the obligation of preventing leakage of personal information and health data of Brainpan patient/customer, that the ex-employee indirectly may have access to, or, he/she may have obtained during the tenure after the release from the company under whatsoever reason/pretext. They are obligated to immediately report the possession of any such information to Brainpan without failure.
• Any new member inducted into the workforce* has to mandatorily agree and sign the PDPA under the oath and legal obligation to safeguard personal information and health data of Brainpan subscribers (patient/customer).

* Terminologies:

Section A-1: This refers to protection of data obtained while conducting business operations over the internet based/standalone platform Doctor’s Diary platform owned by Brainpan.

Section A-2: This refers to protection of data obtained while conducting business operations over the internet based/standalone platform Doctor’s Diary of Kids owned by Brainpan.

Section A-3: This refers to protection of data obtained while conducting business operations over the internet based/standalone platform Doctor’s Diary for HES owned by Brainpan.

Section A-4: This refers to protection of data obtained while conducting business operations over the internet based/standalone platform Disease Atlas owned by Brainpan.

Section D-1: This refers to protection of data obtained while conducting business operations related to rendering associated services, meetings, visits, debates, discussions, written/verbal or any other form of information exchange with stakeholders (inclusive of, but not limited to doctors, patients, partners, potential leads, competitors) for any intellectual property or business related enquiries. It also refers to protection of data yet to be obtained under the addendums (inclusive of, but not limited to software, service, collaborator’s data, product on any intellectual property of Brainpan), that are soon to be introduced, or may be introduced in future, for any business purpose that involves any form of patient data or their personal information.

Extraction: Inclusive of, but not limited to copying, downloading, photographing, scanning, video recording, audio recording, electronic mailing, electronic or manual posting.

Workforce: This refers to anyone associated with the business operation, execution, maintenance and supervision. It is inclusive of, but not limited to Managing Partners, Investors, Employees (both part time and full time), Interns, Trainees, Staff Members, Mentors or Advisors operating from any geographical location.