TERMS & CONDITIONS

Effective: February 1st, 2023

1.0 Introduction

1.1

Acceptance
By accessing, registering, or using any of Qmed Asia's platforms, products, services, or mobile applications (collectively referred to as "Services"), you agree to comply with and be bound by these Terms of Use ("Terms"). Your use of our Services constitutes your agreement to these Terms, forming a legally binding contract between you and Qmed Asia.

1.2

Amendments
Qmed Asia reserves the right to modify, update, or replace these Terms at any time, at our sole discretion. Any such changes will be posted on our website or communicated through appropriate channels. Your continued use of our Services following the posting of any changes to these Terms signifies your acceptance of those changes.

1.3

Interpretation
The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions. References to "we," "us," or "our" mean Qmed Asia, and references to "you" or "user" mean the individual or entity accessing or using our Services.

2.0 Scope and Applicability

2.1

Applicability
These Terms apply to all users of our Services, including but not limited to healthcare providers, patients, third-party vendors, affiliates, and visitors, regardless of the mode of access, such as through our website, mobile applications, or API integrations.

2.2

Geographic Scope
The Terms are applicable to users both within and outside of Malaysia, subject to compliance with local laws and regulations that may apply to the use of digital health solutions.

2.3

Product-Specific Terms
Certain products or services offered by Qmed Asia may have additional terms and conditions that supplement these Terms. By using those products or services, you agree to comply with such additional terms.

2.4

Relationship with Other Agreements
These Terms must be read in conjunction with other agreements you may have with Qmed Asia, such as Privacy Policy, Service Level Agreements, and Licensing Agreements. In the event of any conflict between these documents, the specific agreement related to the subject matter shall prevail.

3.0 User Obligations

3.1

Account Responsibility
Users are responsible for maintaining the confidentiality of their account information, including usernames and passwords. They must immediately notify Qmed Asia of any unauthorized access or use.

3.2

Lawful and Ethical Use
Users must use the Services in a lawful manner, consistent with applicable laws, ethical guidelines, and industry standards. This includes, but is not limited to, privacy laws, intellectual property rights, and healthcare regulations.

3.3

Content Responsibility
Users are responsible for the content they upload, share, or transmit through the Services, ensuring it is accurate, lawful, and not in violation of others' rights.

3.4

Compliance with Guidelines and Policies
Users must comply with all applicable guidelines, policies, and instructions provided by Qmed Asia, including but not limited to security protocols, data handling procedures, and patient interaction guidelines.

3.5

Restrictions
Users shall not engage in activities that could harm, disrupt, or interfere with the Services, including attempts to gain unauthorized access, reverse engineering, or propagation of malicious software.

3.6

Cooperation with Investigations
Users shall cooperate with Qmed Asia in the investigation of any suspected breaches, fraud, or violations, providing necessary information and assistance.

4.0 Intellectual Property Rights

4.1

Ownership
All intellectual property rights in and to the Services, including but not limited to trademarks, copyrights, patents, trade secrets, and proprietary algorithms related to Qmed Asia's products, are owned by or licensed to Qmed Asia.

4.2

Restrictions
Users may not copy, distribute, reproduce, modify, reverse engineer, or create derivative works from any part of the Services without Qmed Asia's express written consent. This includes but is not limited to proprietary technology in medical devices integration solutions, Clinical AI Assistant algorithms, and digital health solutions.

4.3

License to Use
Subject to compliance with these Terms, Qmed Asia grants users a non-exclusive, non-transferable, revocable license to access and use the Services solely for the purpose for which they were intended.

4.4

User Content
Users grant Qmed Asia a perpetual, irrevocable, worldwide license to use, reproduce, modify, and distribute any content they submit through the Services, subject to compliance with Qmed Asia's Privacy Policy.

5.0 Disclaimers and Limitations of Liability

5.1

No Warranty
Qmed Asia provides the Services on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

5.2

Limitation of Liability
To the fullest extent permitted by applicable law, Qmed Asia shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from or related to the use or inability to use the Services.

5.3

Indemnification
Users agree to indemnify, defend, and hold harmless Qmed Asia and its affiliates, officers, directors, and employees from any claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising from their violation of these Terms or use of the Services.

6.0 Third-Party Links

6.1

External Links
The Services may contain links to third-party websites, applications, or services that are not owned or controlled by Qmed Asia. These links are provided for convenience only and do not constitute an endorsement.

6.2

No Responsibility
Qmed Asia assumes no responsibility for the content, policies, or practices of third-party sites. Users are encouraged to review the terms and conditions and privacy policies of those sites before accessing or using them.

6.3

Interaction with Third Parties
Any interactions, transactions, or dealings with third-party entities, including advertisers or sponsors found through the Services, are solely between the user and the third party, and Qmed Asia disclaims any liability related to such interactions.

7.0 Termination

7.1

Right to Terminate
Qmed Asia reserves the right to terminate or suspend a user's access to the Services, at its sole discretion, without notice, for conduct that Qmed Asia believes violates these Terms or is harmful to other users, Qmed Asia, or third parties, or for any other reason.

7.2

Termination Consequences
Upon termination, all rights and licenses granted to the user will cease immediately, and the user must cease all use of the Services. Qmed Asia is not liable for any damages or losses resulting from termination.

7.3

User's Right to Terminate
Users may terminate their account and cease using the Services at any time, subject to fulfilling any outstanding obligations or commitments under these Terms or any other agreements with Qmed Asia.

7.4

Survival
Provisions relating to intellectual property rights, liability limitations, dispute resolution, and any other terms intended to survive termination shall continue to apply even after termination.

8.0 Governing Law

8.1

Applicable Law
These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of law principles.

8.2

Jurisdiction
The parties agree to submit to the exclusive jurisdiction of the courts located within Malaysia for the resolution of any legal matter arising from these Terms or related to the use of the Services.

8.3

Compliance with Local Laws
Users are responsible for compliance with local laws, if and to the extent local laws are applicable. Qmed Asia makes no representations that the Services are appropriate or available for use in other locations.

9.0 Contact Information

9.1

General Inquiries
For general inquiries, concerns, or assistance related to the Services, users may contact Qmed Asia through the designated contact channels provided on the website or application.

9.2

Legal Notices
Any legal notices or formal communications should be sent to Qmed Asia's registered office address, as specified in the official documentation or on the website.

9.3

Customer Support
Customer support and technical assistance for specific products or services may be reached through specialized channels, including helplines, support emails, or dedicated customer service portals.

9.4

Feedback
Qmed Asia welcomes feedback, suggestions, and comments from users. Contact details for submitting feedback are available on the website or within the application.

1.0 Introduction

1.1

Overview
Welcome to Qmed Asia. We are a leading healthcare technology company that specializes in advanced digital health solutions. Our commitment to protecting your privacy is paramount, and this policy serves as a testament to that commitment.

1.2

Purpose of the Policy
The purpose of this Privacy Policy is to outline the principles and legal framework that govern the collection, processing, use, disclosure, and safeguarding of your personal information across all interactions with our services. We recognize the importance of maintaining the privacy of your personal data and have designed this policy to help you understand how we handle such information. This includes the types of personal data we collect, the purposes for which we use it, with whom we might share it, and the rights and choices available to you regarding our use of your information.

1.3

Scope of Application
This policy applies to all interactions with Qmed Asia's services, including but not limited to our website, mobile applications, patient portal, teleconsultation, remote patient monitoring, and AI-driven healthcare solutions. It covers information gathered through various channels, including direct submissions, automatic data collection, third-party integrations, and other platforms.

We are dedicated to complying with the legal requirements specific to the jurisdictions in which we operate. It is essential that you read and understand this policy, as your acceptance of these terms is a condition of using our services. If you have any questions or concerns about this policy, we urge you to contact us directly.

1.4

Ethical Considerations
As a healthcare technology company founded by medical professionals, we adhere to a high standard of ethics in handling personal and sensitive information. We ensure that our practices align with the core values of integrity, responsibility, transparency, and patient-centricity. Our commitment extends to continuous improvement in privacy and data protection, ensuring alignment with industry best practices and legal requirements.

1.5

Acceptance of the Policy
By accessing or using any part of Qmed Asia's services, you acknowledge and agree to the terms laid out in this Privacy Policy. If you do not agree with any part of this policy, please do not use or continue to access our services.

1.6

Overview

2.0 Scope and Applicability

2.1

General Scope
This Privacy Policy governs the collection, usage, and disclosure of personal information by Qmed Asia across all our services and platforms. It applies to all information collected through our three main product lines: Journey, Connect, and AI in Healthcare, and any other interactions you may have with us.

2.2

Users and Data Subjects
The policy applies to all users and data subjects, including patients, healthcare providers, visitors, vendors, contractors, and other stakeholders who interact with our services or provide personal information to us. The term "you" in this policy refers to all individuals whose information we collect and process.

2.3

Digital Platforms
The scope includes all digital platforms operated by Qmed Asia, such as our website, mobile applications, self-registration kiosks, teleconsultation portals, and integrations with third-party App. Any engagement with these platforms falls under the purview of this policy.

2.4

Third-Party Interactions
This policy also extends to our interactions with third-party vendors, partners, and affiliates who may collect or process personal information on our behalf. We ensure that these entities adhere to the same stringent privacy standards as set forth in this policy.

2.5

Limitations and Exclusions
While this policy broadly covers our privacy practices, there may be specific situations, services, or products for which separate or supplementary privacy notices are provided. Such notices will be explicitly communicated to you.

Please note that this policy does not apply to third-party websites or services that may be linked from our platforms. We have no control over the privacy practices of these third parties and encourage you to review their respective privacy policies.

This policy also does not govern the practices of entities not owned, controlled, or managed by Qmed Asia, including independent healthcare providers using our solutions.

2.6

Updates and Amendments
Qmed Asia reserves the right to update or amend this policy at its discretion. Any substantial changes will be communicated to you, and your continued use of our services following such updates signifies acceptance of the modified policy.

2.7

Geographic Applicability
While Qmed Asia operates globally, this policy is crafted with particular regard to the legal and regulatory requirements of Malaysia. We adhere to applicable laws and regulations in other jurisdictions as well, tailoring our practices to meet specific regional needs.

3.0 Definitions

3.1

Personal Data
Personal Data refers to any information relating to an identified or identifiable natural person. This includes, but is not limited to, names, identification numbers, contact information, medical records, and any other information that can be directly or indirectly linked to a specific individual.

3.2

Processing
Processing encompasses any operation performed on personal data, whether automated or manual. It includes collecting, recording, organizing, structuring, storing, altering, retrieving, consulting, using, disclosing, transmitting, or erasing personal information.

3.3

Data Subject
A Data Subject is any individual whose personal data is processed by Qmed Asia. This term includes patients, healthcare providers, employees, partners, visitors, and other stakeholders.

3.4

Data Controller
The Data Controller is the entity responsible for determining the purposes and means of processing personal data. In the context of this policy, Qmed Asia is the Data Controller for all personal data collected through our services.

3.5

Data Processor
A Data Processor is an entity that processes personal data on behalf of the Data Controller. This may include third-party service providers, vendors, and partners who handle personal information under the direction of Qmed Asia.

3.6

Consent
Consent refers to the clear, informed, and voluntary agreement by a Data Subject to the processing of their personal data. It must be freely given, specific, informed, and unambiguous.

3.7

Third-Party
A Third-Party refers to any entity other than the Data Subject, Data Controller, or Data Processor. This includes vendors, affiliates, partners, or other external organizations interacting with Qmed Asia.

3.8

Sensitive Personal Data
Sensitive Personal Data includes information that reveals racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic or biometric data, health or sex life, or sexual orientation. Such data requires special protection and consent for processing.

3.9

Breach
A Breach refers to any unauthorized access, disclosure, alteration, destruction, or loss of personal data, whether accidental or intentional, that compromises the integrity, confidentiality, or availability of the data.

3.10

Cookies
Cookies are small text files stored on a user's device when visiting a website. They are used to track user activity and preferences to enhance user experience.

4.0 Information We Collect

4.1

General Information
Qmed Asia collects various types of personal data to provide, enhance, and personalize our healthcare solutions. This information helps us to understand your needs, comply with legal obligations, and foster a seamless user experience.

4.2

Types of Data Collected

  • 4.2.1 Identifiable Information
    This category includes data that can directly identify an individual, such as name, identification number, address, phone number, email address, and user credentials. We may collect this information through various channels, including registration forms, account creation, and direct communication.

  • 4.2.2 Health Information
    Health Information encompasses appointment bookings, vital signs, medical records, medications, and other health-related details. We obtain this information through our medical devices integration solutions, teleconsultation services, patient portal, and other related platforms.

  • 4.2.3 Financial Information
    We may collect financial data, such as credit card numbers, bank details, and billing information, for payment processing and other financial transactions within our services.

  • 4.2.4 Technical Information
    Technical information includes IP addresses, device types, browser types, operating system, access times, referring URLs, and other similar data. We gather this information to analyze user behavior, optimize performance, and enhance security.

  • 4.2.5 Cookies and Similar Technologies
    We use cookies and similar technologies to track user preferences, enable functionalities, and provide personalized content. You can manage your cookie settings through your browser.

  • 4.2.6 Information from Third Parties
    We may obtain information from third-party sources, including healthcare providers, government entities, partners, and other organizations that align with our services. This may include demographic data, health records, or other information relevant to our offerings.

4.3

Purpose of Collection
We collect personal data to facilitate and improve our services, conduct research and development, comply with legal and regulatory requirements, engage in marketing and communication, manage customer relationships, and ensure the overall security and integrity of our platforms and the respective hospitals and clinics.

4.4

Consent and Choice
Your consent plays a central role in our data collection practices. We seek explicit consent where required and provide options for you to opt-out or manage preferences. You may withdraw your consent at any time, subject to legal or contractual obligations.

4.5

Children's Information
Qmed Asia does not knowingly collect personal information from children under the age of 13 without parental consent. If we discover that we have collected such information, we will take appropriate steps to delete it.

5.0 Purpose of Processing

5.1

Provision of Services
Qmed Asia processes personal data to deliver, maintain, and enhance our suite of healthcare technology solutions, including patient journey solutions, medical devices integration, and AI-powered healthcare assistance. This processing is essential to facilitate online appointments, teleconsultations, patient monitoring, and other services that constitute the core functionalities of our offerings.

5.2

Compliance with Legal and Regulatory Obligations
We are committed to adhering to legal and regulatory requirements in all jurisdictions where we operate. Processing of personal data may be necessary to comply with laws, regulations, court orders, or other legal obligations. This includes our cooperation with the Ministry of Health and the Ministry of Science, Technology & Innovation in Malaysia, as well as compliance with the Personal Data Protection Act.

5.3

Research and Development
We may use personal data for research, analysis, and development purposes. This enables us to innovate, enhance, and personalize our products, identify trends, and create new features that align with the needs and expectations of healthcare providers and patients. Anonymization or pseudonymization techniques may be employed to ensure privacy.

5.4

Marketing and Communication
Processing of personal data may be undertaken for marketing, advertising, and communication objectives. This includes informing users about new services, updates, promotions, events, and other relevant information from our platforms, respective hospitals or clinics. Data subjects have the option to opt-out of such communications at any time.

5.5

Security and Fraud Prevention
We process personal data to safeguard the integrity, availability, and confidentiality of our platforms. This includes implementing measures to prevent unauthorized access, detect fraudulent activities, protect against malware, and ensure the overall security of the personal data we handle.

5.6

Customer Support and Relationship Management
We process personal information to provide customer support, handle inquiries, resolve issues, gather feedback, and foster a responsive and collaborative relationship with our users, clients, and partners.

5.7

Consent-based Processing
In some cases, we may process personal data based on explicit consent from data subjects for specific purposes not covered above. This consent can be withdrawn at any time, in accordance with our procedures and applicable laws.

6.0 Consent

6.1

Obtaining Consent
Qmed Asia recognizes the importance of consent in personal data processing and commits to obtaining clear, informed, and unambiguous consent from data subjects. This includes providing detailed information about what data is collected, how it's used, and why it's necessary. Consent is sought through transparent mechanisms like checkboxes, consent forms, and explicit agreements. We ensure that consent is freely given, specific to the intended purpose, and easy to withdraw at any given time.

6.2

Managing and Withdrawing Consent
Data subjects have the right to manage or withdraw their consent at any stage. We provide accessible options to change preferences, opt-out of specific data processing activities, or entirely withdraw consent. Withdrawal of consent does not affect the legality of processing based on consent before its withdrawal.

7.0 Disclosure of Personal Information

7.1

To Whom We Disclose
Qmed Asia may disclose personal information to various parties, including but not limited to, healthcare providers, governmental authorities, legal entities, subcontractors, third-party vendors, and partners. This disclosure is aligned with the defined purposes and adheres to applicable laws and regulations. Disclosures to third parties are carefully assessed to ensure compliance with our privacy standards and legal obligations.

7.2

Third-Party Compliance Guidelines
When disclosing information to third parties, we follow stringent third-party compliance guidelines that stipulate the requirements and obligations to safeguard personal data. This includes formal agreements, monitoring, audits, and necessary legal protections.

7.3

International Transfers
If personal data is transferred outside the jurisdictions where we operate, we ensure that adequate safeguards, legal frameworks, and contractual obligations are in place to protect the data in accordance with applicable laws.

8.0 Security Measures

8.1

Overview of Security Measures
Qmed Asia implements robust and comprehensive security measures to protect personal data against unauthorized access, disclosure, alteration, and destruction. These measures include physical security, access controls, encryption, secure communication protocols, firewalls, anti-malware software, regular security assessments, and employee training.

8.2

Incident Response
In the event of a security incident or data breach, we have established a detailed Incident Response Plan to promptly identify, contain, investigate, and rectify the situation. We comply with all legal notification requirements, ensuring timely communication with affected individuals and regulatory authorities.

8.3

Continuous Improvement
Our security measures are subject to continuous improvement through regular audits, assessments, and updates to align with evolving threats, technological advancements, and regulatory changes.

9.0 Your Rights

9.1

Right to Access
Data subjects have the right to request access to the personal data that Qmed Asia holds about them. This includes information on how the data is processed, the purpose of processing, and with whom it may have been shared.

9.2

Right to Rectification
Individuals have the right to correct any inaccurate or incomplete personal data. Qmed Asia will take prompt action to rectify the information upon request.

9.3

Right to Erasure ('Right to be Forgotten')
Data subjects may request the deletion of personal data, where applicable, under certain conditions. This includes when the data is no longer necessary for the original purpose or when consent has been withdrawn.

9.4

Right to Restriction of Processing
Individuals have the right to request a restriction on the processing of their personal data under specific circumstances, such as when the accuracy of data is contested.

9.5

Right to Data Portability
Data subjects may request the transfer of their personal data to another service provider in a machine-readable format, where applicable.

9.6

Right to Object
Individuals have the right to object to the processing of personal data for specific purposes, including direct marketing.

9.7

Right to Complain
Data subjects have the right to lodge a complaint with the relevant supervisory authority if they believe that their privacy rights have been violated.

10.0 Third-Party Links

10.1

General Information
Qmed Asia's platforms may contain links to third-party websites, products, or services. These links are provided for convenience, and their inclusion does not imply endorsement or responsibility for the content, privacy policies, or practices of the linked sites. We encourage individuals to review the privacy policies of third-party sites before providing personal information, as we do not have control over their data handling practices.

11.0 International Transfers

11.1

Transfer Mechanisms
Qmed Asia may transfer personal data across international borders to facilitate our global operations and collaborations. We are committed to ensuring that such transfers comply with applicable legal requirements, including the Personal Data Protection Act in Malaysia. International transfers are conducted with adequate safeguards, such as standard contractual clauses, binding corporate rules, and adherence to recognized data protection frameworks.

11.2

Data Subject Protections
We take great care to ensure that international transfers do not undermine the privacy rights of data subjects. Transparent mechanisms are in place to inform individuals about the countries to which their data may be transferred and the measures taken to protect their information.

12.0 Children's Privacy

12.1

Protection of Children's Data
Qmed Asia recognizes the importance of protecting the privacy of children. Our products and services are not intentionally designed for or directed at children under the age of 18, or as defined by applicable laws. We do not knowingly collect, use, or disclose personal information from children without verifiable parental consent or as permitted by law.

12.2

Procedures for Parental Consent
If we become aware that we have collected personal information from a child without proper consent, we will take steps to obtain parental consent or promptly delete the information. Parents or guardians may contact us to review, modify, or delete any personal information we may have collected from their children.

13.0 Data Retention

13.1

Retention Periods
Qmed Asia retains personal data only for as long as necessary to fulfill the purposes for which it was collected or as required by applicable laws and regulations. Retention periods are defined in line with legal obligations, business needs, and industry standards.

13.2

Data Destruction
Upon the conclusion of the retention period, personal data is securely deleted or anonymized. We follow strict procedures for data destruction, ensuring that the information is rendered irretrievable and that the process is compliant with legal and ethical guidelines.

13.3

Records of Retention and Destruction
Qmed Asia maintains detailed records of data retention and destruction, documenting the lifecycle of personal information within our systems. This contributes to transparency, accountability, and compliance with privacy governance.

14.0 Changes to this Policy

14.1

Periodic Review and Updates
Qmed Asia regularly reviews and updates this Privacy Policy to ensure it aligns with current legal requirements, industry standards, and organizational practices. Changes may be made to reflect new technologies, products, or services, as well as modifications to existing laws and regulations.

14.2

Notification of Changes
Any significant changes to this Privacy Policy will be communicated to users through appropriate channels, such as email notifications, alerts on our platforms, or other means. We encourage users to review this Privacy Policy periodically to stay informed about how we collect, use, and protect personal information.

15.0 Legal Jurisdiction and Compliance

15.1

Governing Laws
This Privacy Policy is governed by and construed in accordance with the laws of Malaysia, including the Personal Data Protection Act. We comply with applicable regulations in all jurisdictions where we operate, taking into account local legal nuances and requirements.

15.2

Regulatory Oversight and Cooperation
Qmed Asia actively cooperates with regulatory authorities and is committed to resolving any privacy-related concerns or complaints in a timely and effective manner. Our compliance efforts are subject to oversight by competent authorities, ensuring adherence to legal and ethical standards.

16.0 Contact Us

16.1

Contact Information
For any inquiries, concerns, or complaints regarding this Privacy Policy or our privacy practices, please contact Qmed Asia's Data Protection Officer at hello@qmed.asia or 03-3310 0097. Our dedicated team is available to assist with any privacy-related matters.

16.2

Response Time and Resolution
We strive to respond to all privacy-related inquiries within a reasonable timeframe, typically within 5 business days. Our goal is to address concerns promptly and to provide clear and satisfactory resolutions in line with our commitment to privacy excellence.

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