Terms of Use

Last revised: 2 August 2021

Thank you for using the Bot MD platform developed by 5 Health.

5 Health Pte Ltd (“5 Health,” “we,” or “us”) is focused on empowering doctors and frontline medical workers around the world, and we have partnered with your hospital, institution or organization (as our customer) to provide you (a “User”) with access to clinical-assistant services powered by our Bot MD artificial-intelligence chat bot (the “Bot MD Services”). Your use of the Bot MD Services is governed by the contract that we have signed with your hospital, institution or organization (the “Agreement”) in addition to the terms and conditions outlined in this document (the “Terms of Use”).

By accessing or using the Bot MD Services or by creating an account with us via the mobile application, web application, or any other interface provided by us or your hospital, institution or organization, you are voluntarily agreeing to be bound by the Agreement, these Terms of Use, and our Privacy Policy governing the collection, use, processing, disclosure and transfer of your personal data. If you do not agree to these Terms of Use and/or our Privacy Policy, please do not use the Bot MD Services.

Should you have any questions about the Agreement, please check with your hospital, institution or organization, or feel free to write to us at customersupport@botmd.io and we can put you in touch with your hospital, institution or organization representative.

In Plain English

Bot MD is a healthcare company that is focused on empowering doctors and frontline medical workers around the world.

Your hospital, institution or organization is paying for you to use the Bot MD Services. You are required to register for an account in order to access and use the Bot MD platform. This account registration is based on the contact information and work-registered mobile number that your hospital, institution or organization provides to us.

In using the Bot MD Services, you agree NOT to use your access to Bot MD through your account to commit prohibited or illegal activities that would tarnish the reputation of your hospital, institution or organization or of 5 Health. 5 Health and your hospital, institution or organization reserve the right to terminate or suspend your account if you commit any prohibited activities or there is reasonable suspicion of such activities.

You are fully responsible for the activities of your account and maintaining the confidentiality of account access information. In using the Bot MD Services, you agree to immediately notify us and your hospital, institution or organization of any compromise to your account access information or any breach of security. 5 Health is not liable for Users’ failure to maintain the security of their account access information.

Finally, Bot MD is intended for the use of medical professionals only and is not a replacement for experienced clinical judgement. We assume our clinical users are able to exercise sound medical judgement. Do not ever not do something just because Bot MD spits out an answer, score or result. Always double check your work and trust your clinical judgement over a response, result or number. 5 Health cannot and will not be held legally, financially or medically responsible for decisions made using the Bot MD Services.

Should you have any further questions about these Terms of Use, please feel free to write to us at customersupport@botmd.io and we can put you in touch with your hospital, institution or organization’s administrative representative.

Thank you for all that you do for your patients.

Official Terms of Use

Account Information and Security

Your hospital, institution or organization is paying for you to use Bot MD Services. You are required to register an account in order to access and use the Bot MD Services. This account registration is based on the contact information and work registered mobile number that your hospital, institution or organization provides to us. You are fully responsible for the activities of your account and maintaining the confidentiality of account access information. In using the Bot MD Services, you agree to immediately notify us and your hospital, institution or organization of any compromise to your account access information or any other breach of security. We are not liable for your failure to maintain the security of your account access information.

Account Termination

You can stop using the Bot MD Services at any time by notifying your hospital, institution or organization of your decision to close your account. We can also terminate or suspend your access to the Bot MD Services at any time and for any reason whatsoever by providing notice to you.

If your use of the Bot MD Services comes to an end whether as a result of your account closure or termination, we may at our discretion, delete some of the contents associated with your account or use of the Bot MD Services, including any queries, responses, feedback, ideas or information transmitted through the Bot MD Services or the Bot MD platform without further notice to you. You agree to waive all rights to any claims against us and to hold us harmless from all loss or damage arising therefrom, including the loss of your right to use the contents associated with your account.

Notwithstanding the foregoing, we may retain some of your information and the content provided in order to allow other users to make full use of the Bot MD Services.

Medical Disclaimer

Bot MD Services are for the use of clinical professionals authorized by their hospital, institution or organization and are not a replacement for experienced clinical or professional judgment. We assume that our clinical users are able to exercise sound medical judgment. Never do something just because Bot MD provides an answer, score or result—especially if you think it may be incorrect or unsafe. The Bot MD Services do not constitute or provide, nor are they intended to be or provide, medical evaluations, diagnoses, examinations, advice, consultation or treatment. 5 Health is not responsible for the medical outcomes of any User, patient, or any other individual.

5 Health cannot and will not be held legally, financially, or medically responsible for decisions made using the Bot MD Services or any associated content, data, clinical tools, equations, algorithms, or resources.

Acceptable Use

When using the Bot MD Services, you must conduct yourself properly and appropriately having regard to all applicable ethical, legal, and professional requirements and duties. We and your hospital, institution or organization reserve the right to terminate or suspend your account in any circumstances where we or they believe it is warranted. Without limiting the terms above, you agree in particular to abide by the following requirements and restrictions in relation to the Bot MD Services.

You will:

• Comply with all applicable laws and governmental regulations, including, but not limited to, all privacy, patient care, intellectual property, and export control laws and regulations.
• Comply with all applicable rules and policies of your hospital, institution or organization.
• Treat other individuals with respect when interacting through the Bot MD Services.
• Obtain (or make sure your hospital, institution or organization has obtained) all required consents, authorizations, and permissions to upload or otherwise provide data to the Bot MD Services.
• Use the Bot MD Services only in connection with your relationship with your hospital, institution or organization.
• Maintain the confidentiality of all information in accordance with your hospital, institution or organization’s confidential information sharing policy; and upon receiving any information in an unauthorized manner or form, immediately inform your hospital, institution or organization of the same.

You will NOT:

• Falsely state or otherwise misrepresent your affiliation with any hospital, organization, person, or other entity.
• Falsely assume the identity of any person or entity or allow another person or entity to access your account or assume your identity.
• Violate any applicable laws or the rights of another person, including but not limited to privacy, publicity, and intellectual property rights.
• Collect information or other personal information of others through the Bot MD Services by any means for the purposes of sending unsolicited communications.
• Advertise or offer to sell or buy any goods or services or perform any other form of solicitation not expressly authorized by your hospital, institution or organization or 5 Health.
• Promote or assist any criminal or unethical activity or enterprise.
• Obtain or attempt to access or otherwise obtain any information, confidential or otherwise, through any means not intentionally provided through the Bot MD Services.
• Defame or libel 5 Health, its shareholders, directors, employees, or other persons or act in a way that brings into disrepute the good name of 5 Health or the Bot MD Services or your hospital, institution or organization.
• Upload files that contain viruses or that may otherwise cause damage to the data, systems, or other property of 5 Health or of other persons.
• Bypass or disable any robot exclusion files or headers used by the Bot MD Services.
• Attempt to gain unauthorized access to any portion or feature of the Bot MD Services or any 5 Health systems or networks, or probe, scan, or test the vulnerability of the Bot MD Services or any associated network, or breach the security or authentication measures of the Bot MD Services.
• Access the Bot MD Services through any means other than the interface(s) provided by us or your hospital, institution or organization, or use any means to scrape or mine any data or other content associated with any of the Bot MD Services.
• Use the Bot MD Services in order to build, train, or test a similar or competitive product or service.
• Post or transmit to or through the Bot MD Services any unauthorized material, including but not limited to material that in our, or your hospital, institution or organization’s, opinion is likely to cause annoyance or harassment, is detrimental to or in violation of 5 Health’s or any third party’s systems or network security, or is libelous, defamatory, racist, obscene, discriminatory, threatening, violent, hateful, pornographic, profane, or unlawful.

Intellectual Property

The Bot MD Services constitute, contain, and are powered by our proprietary software, algorithms, and other intellectual property. You agree not to license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our intellectual property, in whole or in part. You also agree not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer our intellectual property, in whole or in part. You will not remove or destroy any copyright notices or other proprietary markings on the Bot MD Services or platform or their output.

We have authorized your hospital, institution or organization, rather than you directly, to access and use the Bot MD Services as outlined in our Agreement. Your hospital, institution or organization may allow you to exercise those rights (while they remain in effect) on its behalf, but you do not receive any separate or additional rights from 5 Health under the Agreement or these Terms of Use. We reserve all other rights to our intellectual property.

Customer Data and Gathered Data

Your hospital, institution or organization retains any ownership or other rights it may have with respect to any data it makes accessible to you through the Bot MD Services unless they expressly told you otherwise. Subject to our Privacy Policy (where applicable), the queries received from you and the responses returned by or through the Bot MD Services, as well as aggregated and statistical data derived from the use of the Bot MD Services, may be retained and used by us for any lawful purpose, including but not limited to the development and improvement of our products, including the Bot MD Services.

For more information about how we protect your privacy and data, please refer to the Agreement and our Privacy Policy.

Feedback

We welcome your feedback on the Bot MD Services. You can provide this to us through the Give Feedback form within our application or by contacting our Loyalty team at customersupport@botmd.io. Before you do, you should know that we will be free to use (or not use) any suggestions, ideas, and other feedback you provide, without any compensation or other obligations to you. You hereby irrevocably assign and agree to assign to us all rights, title, and interest in and to such feedback. However, you are under no obligation to provide any feedback to us.

Non-5 Health Content and Third Party Links and Resources

The Bot MD Services may rely upon, contain, or provide you with data or other content furnished by your hospital, institution or organization or third parties (collectively referred to below as “other parties”), and/or links to sites or resources furnished by other parties. We are not responsible for the availability of data, content, sites or resources provided by other parties, and we do not endorse and are not responsible or liable for any content, guidelines, advertising, products, services, or other materials furnished by other parties and incorporated into or made accessible through the Bot MD Services, or that are advertised on or available from other parties’ sites or resources. We are not a party to, nor are we responsible for, any transactions or relationships between you and any other party.

Availability of Bot MD and Services

5 Health endeavours to keep the Bot MD platform available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. We also endeavour to provide your hospital, institution or organization with advanced notice of scheduled unavailability due to maintenance or other events. However, we shall not be liable to you for any lost, altered, or corrupted information or non-availability of the Bot MD Services, with or without warning from us. We do our best to ensure that Bot MD is a secure and reliable platform. However, we do not guarantee that the Bot MD Services or use of the Bot MD platform will be 100% secure and free from bugs or any security vulnerabilities.

User Support

We have a Service Level Agreement or similar arrangement in place with your hospital, organization or institution for technical support. You can contact us if you are having trouble registering or logging on at customersupport@botmd.io. For feature requests and reporting technical bugs, you may report these through the Give Feedback Form within the Bot MD application or by contacting our Loyalty team at customersupport@botmd.io.

Disclaimers and Limitations of Liability

Our Agreement with your hospital, organization or institution may include various warranties between us and them. BUT AS BETWEEN US AND YOU, THE BOT MD SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE ARISING (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, ACCURACY, AVAILABILITY, OR NON-INFRINGEMENT). IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU IN RELATION TO THE BOT MD SERVICES OR THESE TERMS OF USE, FOR ALL CLAIMS AND REGARDLESS OF THE THEORY OF LIABILITY, WILL NOT EXCEED US$100.

Class Action Waiver

To the fullest extent permitted under applicable law: (a) you agree to bring any legal claims against us or our affiliates or representatives solely on an individual basis, and (b) you waive any rights to initiate, maintain, or participate in any class action or similar proceedings against us or our affiliates or representatives, whether as a representative, as a class member, or in any other capacity.

Modifications to Terms of Use

We may modify these Terms of Use at any time upon notice to you or your organization or institution, or by posting the modified version online so that it is readily accessible through the Bot MD Services, and your continued use of the Bot MD Services will constitute your acceptance of the modified Terms of Use in full. Please check regularly so you are aware of the most recent version (as indicated by the “Last Revised” date above).

Notices and Communications

You acknowledge and agree that we may provide notices and other disclosures to you electronically (with the same effect as a paper copy) and at our discretion, choose to provide notifications either in the Bot MD Services, or by posting on our website, or by emailing you at any email address provided to us by you or your hospital, organization or institution. You also agree that we may record any communications that you have with us (by telephone, email, text, or otherwise) and that the recordings may be kept and used for training and support purposes, for product or service development purposes, as a record of your interactions with us, and as evidence in any legal or arbitration proceedings related to you that may occur.

Miscellaneous

Your right of access to the Bot MD Services is personal to you. You may not transfer your access rights to the Bot MD Services to any other person, nor may you assign or delegate any of your rights or obligations under these Terms of Use.. No waiver by us of any rights or remedies under these Terms of Use will be effective unless made in writing and signed by our authorized representative. These Terms of Use are governed by the laws of the Republic of Singapore, without regard to any conflicts-of-laws rules to the contrary.

Any dispute arising out of or in connection with these Terms of Use shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, and which rules are deemed to be incorporated by reference into these Terms of Use. The Tribunal shall consist of one arbitrator and the language of the arbitration shall be English.

These Terms of Use, as supplemented by our Privacy Policy and applicable provisions of the Agreement, are the entire agreement between us and you with respect to the subject matter hereof.

Any finding that a provision of these Terms of Use is invalid, illegal, void or unenforceable under the applicable laws shall only render that provision invalid, illegal, void or unenforceable. For the avoidance of doubt, the other provisions of the Terms of Use shall continue in full force and effect, and the invalidity, illegality, voidness or unenforceability of the first mentioned provision shall not affect the validity, legality or enforceability of any other provisions.

A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) to enforce any term of these Terms of Use.

Should you have any further questions about these Terms of Use, please feel free to write to us at customersupport@botmd.io and we can put you in touch with your hospital, institution or organization’s administrative representative.

Thank you for all that you do for your patients.

Privacy Policy

5 Health Pte Ltd (referred to herein as “the Company”, “us”, “we” or “our”) has partnered with our Customers (as defined below) to provide you (“you” or “a User”) with access to clinical-assistant services powered by our Bot MD artificial-intelligence chat bot (the “Bot MD Services”).

By accessing or using the Bot MD Services or by creating an account with us via the Bot MD mobile application, web application, or any other interface (“Bot MD Interface”) provided by us or our Customer in Singapore, you have voluntarily agreed to be bound by the Individual User Terms (as defined below) and our Privacy Policy governing the collection, processing and transfer of your Personal Data (as defined below).

If you do not agree to the Individual User Terms and/or accept any term in this Privacy Policy, please do not provide your Personal Data to us or use the Bot MD Services or the Bot MD Interface.

In Plain English

Bot MD is a healthcare company that is focused on empowering doctors and frontline medical workers around the world. We do not believe in showing you paid pharmaceutical advertising. Neither do we believe in monetizing your personal data.

Your hospital, institution or organization is paying for you to use the Bot MD Services. You are required to register for an account in order to access and use the Bot MD platform. This account registration is based on the contact information and work-registered mobile number that your hospital, institution or organization provides to us.

The majority of content within Bot MD is provided to us by your institution and customized for you. Third party content such as drug information, clinical calculators and guidelines are professional resources which we typically pay license fees for without any external sponsorship.

We know how important it is to maintain data privacy and to protect your user information. Within the contract that we signed with your hospital, we have specific clauses on data privacy and confidentiality. In Singapore this is your hospital’s confidentiality agreement and the Singapore PDPA law.

We do not sell your information to any third party. Neither do we store any of your personal contact information or any profile photos or images within the Bot MD app. Each time you sign into the Bot MD app or search your hospital’s directory, we are pinging your hospital’s server to obtain your contact details and roster information.

Your query information is anonymized and aggregated into usage statistics that helps us to improve the Bot’s understanding of your queries. It is also analyzed for us to determine which new content to add that is relevant to address your unanswered questions the next time someone tries a similar search.

Device location information that you provide us with is used to help us determine what hospital or localized information to display. For example, if you currently practice in more than one institution, we can show you relevant content from your hospital institution if they have an active license to Bot MD.

You can choose at any time to disallow access to your device location or to notifications simply by turning these off within your Settings page.

Should you have any further questions about how your data is used, please feel free to write to us at customersupport@botmd.io and we can put you in touch with your hospital representative.

Thank you for all that you do for your patients.

1. Purpose and Scope of this Privacy Policy

1.1 This Privacy Policy sets out the basis on which the Company may collect, use, disclose or otherwise process Personal Data either provided by you and/or our Customers through the use of the Bot MD Services and/or via the Bot MD Interface.

1.2 We may revise this Privacy Policy from time to time without any prior notice to you. You may determine if any such revision has taken place by referring to the date on which this Privacy Policy was last updated. Your continued use of our Bot MD Services constitutes your acknowledgement and acceptance of such changes.

2.Definitions

2.1 In this Privacy Policy:

“Authorized Representative” has the meaning ascribed to it in Clause 4.1(a).

“Bot MD SaaS Agreement” means the software as a service agreement entered into between the Company and a Customer.

“Customer” means a hospital, institution, or organisation who has entered into an agreement(s) with the Company for the provision of Bot MD Services including the Bot MD SaaS Agreement.

“Individual User Terms” means the terms of use for the Bot MD Services as may be agreed to between the individual user and the Company from time to time.

“PDPA” means the Personal Data Protection Act 2012, as may be amended from time to time.

“Personal Data” refers to any data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which we have or is likely to have access, including data in our records as may be updated from time to time. Some examples of the Personal Data that we may collect from you include:

(a) Your name, identification numbers such as NRIC, Passport Number, FIN, residential address, email address, telephone number, nationality, gender and date of birth; (b) Information about the computer or mobile device you are using; (c) Geographical location or address; or (d) Other information which you may provide for the Bot MD Services or input into the Bot MD Interface.

“Purposes” has the meaning ascribed to it in Clause 6.1.

2.2 Other terms used in this Privacy Policy shall have the meanings given to them in the PDPA, our Individual User Terms and our Bot MD SaaS Agreement (where the context so permits).

3 Consent

3.1 You hereby consent to the collection, use, disclosure, transfer and processing of your Personal Data in accordance with and subject to the terms and conditions of this Privacy Policy.

3.2 You may, at any time, withdraw your consent to the collection, use, disclosure, transfer and/or processing of your Personal Data in accordance with the procedure set out in Clause 9.

4 Collection of Personal Data

4.1 We generally do not collect Personal Data unless: -

(a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose Personal Data to us (the “Authorised Representative”) for the specific purposes which have been notified to you or the Authorised Representative. We do not collect any Personal Data which is not reasonably necessary for the purpose for which it is collected. Some examples of the Personal Data which we may collect include the queries we received from you, the responses returned by or through the Bot MD Services, as well as aggregated and statistical data derived from the use of the Bot MD Services; or

(b) the collection and use of Personal Data is permitted or required under the PDPA or other laws. We shall seek your consent before collecting any additional Personal Data and before using your Personal Data for a purpose which has not been notified to you (except where permitted or authorised by law).

4.2 If you provide us with any Personal Data relating to a third party, by submitting such information to us, you represent to us that:

(a) you are authorised to act on his/her behalf; and

(b) he/she accepts that his/her Personal Data will be subject to this Privacy Policy (as amended from time to time).

4.3 You must ensure that all Personal Data submitted to us, including those relating to third parties, is complete, accurate and up to date. Please update us as soon as reasonably practicable, if there are any changes to your Personal Data by informing the Data Protection Officer named in this Privacy Policy below.

5 Information Searched Within Bot MD

5.1 Our Bot MD Services offers features which allows you to search for your hospital, institution, or organisation’s information through the Bot MD Interface. This information may be restricted or sensitive and subject to your hospital, institution or organisation’s access rights and/or confidential information sharing policies, and you hereby agree to maintain the confidentiality of such hospital, institution or organisation’s information, accessed or obtained through the Bot MD Interface.

5.2 We may also integrate third party information sources into the Bot MD Interface for you to search. Do note that this information is either publicly available or licensed by Bot MD for use on the Bot MD Interface and copyright restrictions may apply. You may only share such information in accordance with the Individual User Terms governing the Bot MD Interface.

6 Purposes for the Collection, Use and Disclosure of Personal Data

6.1 We may collect and use Personal Data for any or all of the following purposes (“Purposes”) and you hereby consent to the use of Personal Data for the Purposes:

(a) performing obligations in the course of or in connection with the provision of Bot MD Services or use of Bot MD Interface;

(b) marketing and promoting Bot MD Services and/or Bot MD Interface;

(c) responding to, handling, and processing enquiries, requests, complaints, and feedback;

(d) for audit, accounting, administration, risk management and record keeping purposes;

(e) for emergency contact;

(f) conducting investigations and proceedings in the event of any disputes, possible fraud, misconduct, unlawful action or omission;

(g) responding to requests for information from government or public agencies, ministries, statutory boards or other similar authorities or non-government agencies authorised to carry out specific government or regulatory services or duties;

(h) meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies (including but not limited to responding to regulatory complaints, disclosing to regulatory bodies and conducting audit checks, due diligence and investigations);

(i) managing your relationship with us;

(j) processing payment transactions;

(k) understanding your needs and preferences;

(l) conducting surveys, research, and evaluations to obtain feedback;

(m) verifying your identity and ensuring that you are eligible to access and use the Bot MD Services provided on our Bot MD Interface;

(n) evaluating whether to, temporarily or permanently, suspend, revoke, or terminate your account;

(o) verifying and approving the materials you post or transmit through Bot MD Services or Bot MD Interface;

(p) maintaining or improving the quality of the Bot MD Services through the performance of quality reviews and similar activities;

(q) maintaining or improving Bot MD Interface, its content, appearance, design and/or utility;

(r) converting your Personal Data to anonymised data for the purposes of analytics, business intelligence and statistical research;

(s) creating anonymised information which is information which is not used or intended to be used to personally identify an individual (e.g., aggregate statistics relating to the use of the Bot MD Services);

(t) notifying you when Bot MD Interface updates and upgrades are available;

(u) facilitating business asset transactions (which may extend to any mergers, acquisitions or asset sales);

(v) any other incidental business purposes related to or in connection with the above;

(w) any other specific purposes which we may inform you of in writing from time to time, but for which we will seek your separate consent;

(x) transmitting to any unaffiliated third parties including our third-party service providers and agents, whether in Singapore or abroad, for the aforementioned purposes.

6.2 As you use our Bot MD Services, certain non-personally identifiable information about yourself may be passively collected:

(a) Site Activity Information: We may keep track of some of the actions that you take on our Bot MD Interface, such as the content of searches you perform on our Bot MD Interface;

(b) Access Device and Browser Information: When you access our Bot MD Services through a website from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times;

(c) Cookies (i.e., small pieces of information that a site sends to your browser while you are viewing a website): We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make our Bot MD Services easier to use, to make our advertising better, and to protect both you and the Company. You may instruct your browser, by changing its options, to stop accepting Cookies or to prompt them before accepting a Cookie from the websites they visit. If you do not accept Cookies, however, you will not be able to stay logged in to our Bot MD Interfaces.

(d) Real-Time Location: Certain features of our Bot MD Interface use technology to collect real-time information about the location of your device. This is because many of our clinical users may practice in more than one hospital location. We use your device location to present you with relevant information from your hospital, institution or organisation (depending on your physical location). You can choose at any time to disallow access to your device location or to notifications simply by turning these off within your settings page.

(e) Device information: We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer that you use. In addition, in the event our application(s) crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).

6.3 Personal Data that you provide will be provided to affiliate partners and third parties service provider, in connection with any services provided by these parties, which may be sited locally or outside of Singapore, and who are bound by contractual obligations to keep your Personal Data confidential and use it only for the purposes for which we disclose it to. Such services would include the maintenance of Bot MD Interface, monitoring Bot MD Interface’s activity, provisions of third-party professional resources such as drug information, clinical calculator and guidelines or membership database, and storage of Users’ information.

6.4 Whilst care would be taken to require that some of these affiliate partners and third parties (to the extent possible, with relevant authorities exempted) provide an undertaking on compliance with the PDPA and applicable personal data protection regulations, we will not be able to provide any warranties on the manner or care in which these third parties maintain, protect or utilise your Personal Data.

6.5 The purposes listed in Clause 6.1 may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).

6.6 This Privacy Policy applies only to information we collect through our Bot MD Interface and in email, text and other electronic communications set through or in connection with our Bot MD Services. This Privacy Policy does not apply to information collected by any third party. When you click on links on our Bot MD Interface, you may leave our interface. We are not responsible for the privacy practices of other interfaces, and we encourage you to read their privacy statements carefully.

7 Disclosure of Personal Data to Third Parties

7.1 Without prejudice to the foregoing, we may also disclose your Personal Data to third parties without first obtaining your consent in certain situations, including, without limitation, the following:

(a) the disclosure is required based on the applicable laws and/or regulations, which can include providing information as required by a court order;

(b) the purpose of such disclosure is clearly in your interests and consent cannot be obtained in a timely way;

(c) the disclosure is necessary to respond to an emergency that threatens the life, health or safety of yourself or another individual;

(d) there are reasonable grounds to believe that the health or safety of yourself or another individual will be seriously affected and consent for the disclosure of the data cannot be obtained in a timely way, provided that we shall, as soon as may be practical, notify you of the disclosure and the purposes of the disclosure;

(e) the disclosure is necessary for any investigation or proceedings;

(f) the Personal Data is disclosed to any officer of a prescribed law enforcement agency, upon production of written authorisation signed by the head or director of that law enforcement agency or a person of a similar rank, certifying that the Personal Data is necessary for the purposes of the functions or duties of the office; and/or

(g) the disclosure is to a public agency and such disclosure is necessary in the public interest; and

(h) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Data maintained on our Bot MD Interface is among the assets transferred.

7.2 The instances listed above at Clause 7.1 are not exhaustive. For an exhaustive list of exceptions, you are encouraged to refer to the PDPA.

7.3 In all other instances of the disclosure of Personal Data to third parties with your express consent, we will provide use reasonable endeavours to provide for security in the handling and administration of your Personal Data by such third parties in compliance with the PDPA.

8 Withdrawal of Consent and/or Request for Access, Correction of your Personal Data

Withdrawal of Consent

8.1 The consent that you provide for collection, use and disclosure of your Personal Data will remain valid until such time it is being withdrawn by you in writing. You may at any time withdraw any consent already given, or deemed to have been given under the PDPA, in respect of the collection, use or disclosure by us of Personal Data about you for any purpose on giving reasonable notice (depending on the complexity of the request and its impact on our relationship with you) to us by contacting our Data Protection Officer at the contact details provided in Clause 11. In general, we shall seek to process your request within fourteen (14) business days of receiving it.

8.2 We do not prohibit an individual from withdrawing his consent to the collection, use or disclosure of Personal Data about the individual but this shall not affect any legal consequences arising from such withdrawal.

8.3 On withdrawal of consent, we shall cease (and cause our data intermediaries and agents to cease) collecting, using or disclosing your Personal Data, as the case may be, unless such collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under the PDPA or other written law.

8.4 Whilst we respect your decision to withdraw your consent, please note that we may not be able to continue to provide you with the Bot MD Services or allow access to the Bot MD Interface. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in Clause 8.1 above.

Request to Access or Correct Personal Data

8.5 Please contact our Data Protection Officer (at the contact details provided in Clause 11 below) if you wish to make:

(a) an access request for access to your Personal Data or information about the ways in which we use or disclose your Personal Data; or

(b) a correction request to correct any of your Personal Data. Such request shall include the details of the requestor, description of the Personal Data being requested and the date and time range the Personal Data was believed to be collected.

8.6 Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request. We will respond to your access request as soon as reasonably possible. If we are unable to respond to your access request within 30 days after receiving the request, we shall inform you in writing of the time by which we will be able to respond to your access request.

8.7 We will respond to your correction request as soon as practicable from the time the correction request is made. If we are unable to respond to your correction request within 30 days after receiving the request, we shall inform you in writing of the time by which we will be able to correct the Personal Data.

9 Management and Care of Personal Data

Protection of Personal Data

9.1 We shall protect Personal Data in possession or under our control by making reasonable appropriate administrative, physical and technical measures to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. You should be aware, however, that no method of transmission over the internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your Personal Data and are constantly reviewing and enhancing our information security measures.

9.2 We do not represent or warrant that our Bot MD Interfaces are free of errors, infection by computer viruses, and/or other harmful or corrupting code, program, macro and such other unauthorised software. We do not assume responsibility for any unauthorised use of your Personal Data by third parties, which are wholly attributable to factors beyond our control.

Retention of Personal Data

9.3 We will retain your Personal Data for the period necessary to fulfil the Purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law, as described in further detail below. After such time, we shall take reasonable effort to destroy or anonymise documents containing your Personal Data, or remove the means by which your Personal Data can be associated with particular individuals.

(a) Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Bot MD Services. We also retain some of your information as necessary to comply with our legal, regulatory, tax accounting, reporting or business purposes.

(b) Information you share on the Bot MD Services: If your account is deleted, some of your information and the content you have provided will remain in order to allow other Users to make full use of the Bot MD Services.

(c) Managed accounts: If the Bot MD Services are made available to you through our Customer, we will retain your information for as long as may be required by the administrator of your account under our agreement with the Customer.

(d) Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Bot Services, such as when you last opened an email from us or ceased using your Bot MD account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

Accuracy of Personal Data

9.4 We generally rely on personal data provided by you or any Authorised Representative. In order to ensure that your Personal Data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below at Clause 11 below.

10 Transfer of Personal Data outside of Singapore

10.1 Please note that the third parties to whom we may provide your Personal Data in accordance with this Privacy Policy may be located in jurisdictions other than Singapore. These jurisdictions may have varying legal protections applicable to Personal Data.

10.2 Where your Personal Data is to be transferred out of Singapore, we will comply with the PDPA in doing so. This includes taking appropriate steps to ascertain that the overseas recipient of the Personal Data is bound by legally enforceable obligations such that the transferred Personal Data is accorded a standard of protection that is at least comparable to the protection accorded under the PDPA.

11 Data Protection Officer

You may contact our Data Protection Officer if you have any questions or feedback relating to this Privacy Policy, or if you wish to make any request at the details below:

Name: Yan Chuan Sim
Email: privacy@botmd.io
Phone: +1-217-703-4454

12 Governing Law

This Privacy Policy is governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Singapore courts in any dispute relating to this Privacy Policy.

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Master Services
Agreement