The MDLink Privacy Policy was updated on May 05, 2021.

This Privacy Policy (“Policy”) summarizes how MDLink Limited, its directors, respective officers, employees, shareholders, affiliates, agents, partners, licensors and independent third party contractors (collectively referred to as “MDLink”, “we”, “us”, or “our”) collect, use , disclose , retain , dispose , and destroy Personal Data that we collect from users of the MDLink Platform and what MDLink does to protect that Personal Data in the course of providing our Telehealth Services. It also describes the rights which such users may have in relation to the Personal Data which is collected, used, stored, transferred and/or processed by MDLink. We are committed to complying with this Policy and with applicable local privacy legislation.

Note that this Policy does not apply to the collection, use, retention, disposal, destruction, and protection of Personal Data by Healthcare Providers. Healthcare Providers are subject to privacy legislation and professional requirements that govern their management of Personal Data including information they collect, use and retain in the course of providing the Healthcare Services through the MDLink Platform. Please feel free to ask any Healthcare Provider to whom you are referred if you have questions about how he or she will treat your Personal Data.

Definitions

1. ‘Healthcare Provider’ means a registered medical practitioner who has entered into an agreement with MDLink to provide the Services via the MDLink Platform;
2. “Healthcare Services” means the medical and healthcare services provided by the Healthcare Provider via the MDLink Platform which include but are not limited to the following:
   1. Medical consultations with patients through messaging, voice calling and video calling;
   2. Diagnostic and therapeutic services through messaging, voice calling and video calling;
   3. Issuing of e-prescriptions for patients to pharmacies of their choice;
   4. Issuing of medical certificates to patients;
   5. Issuing of referrals and medical recommendations to patients;
   6. The transmission of health records of patients electronically;
   7. The provision of non-clinical services, such as patient education;
   8. Booking of house calls and in-office visits; and
   9. Requesting diagnostic lab and blood test for patients;
3. ‘Personal Data’ means: -
   1. any information (however stored) relating to a living individual or an individual who has been deceased for less than thirty (30) years who can be identified
      1. from the information alone; or
      2. from the information and other information in the possession of, or likely to come into the possession of MDLink; or
   2. any information (however stored) pertaining to the health record of a living individual or an individual who has been deceased for less than thirty (30) years which-
      1. is in the custody or control of a health Provider in connection with the care of an individual; and
      2. consists of information relating to-
         1. The past or present physical or mental health, or condition, of an individual, for example,
            1. clinical information about diagnosis and treatment;
            2. genetic data or biometric data;
            3. information about the testing of any body part or bodily substance, or the donation of a body part or bodily substance;
         2. the registration of an individual for the provision of health services and any number, symbol or code assigned to uniquely identify the individual for those services;
         3. the name of the individual’s health care provider;
         4. payments made by, or the eligibility of, the individual for the provision of health services, or any other health related information about the individual that is collected in the course of the provision of health services to that individual;
4. ‘MDLink Platform’ means the website, mobile application, platform or systems developed and maintained by MDLink for the purposes of carrying out the Telehealth Services;
5. “Telehealth Services’ means telehealth related services which include but are not limited to the following:
   1. Creation of an online account via a mobile application software or web login;
   2. Facilitating the transmission of health records electronically between medical practitioners;
   3. Facilitating and coordinating chart reviewing, remote prescribing, appointment scheduling and health information sharing;
   4. Facilitating the provision of non-clinical services, such as patient education by medical practitioners;
   5. Facilitating the provision of electronic health record services which include uploading, storing, and accessing health records electronically;
   6. Facilitating the provision of e-prescription services, in particular, coordinating the generation and transmission of e-prescription data from medical practitioners to pharmacies for the fulfilment of prescriptions;
   7. Facilitating consultation, diagnostic and therapeutic services provided by medical practitioners;
   8. Facilitating and coordinating the booking of house calls and in-office visits with medical practitioners; and
   9. Facilitating the booking of laboratory testing.

Capitalized terms used herein and not otherwise defined above shall have the meanings respectively ascribed to them in the Terms of Use.

Types of Personal Data

This Policy explains our practices with regard to Personal Data collected by MDLink for its own business purposes. We may collect the following types of Personal Data:

• Contact Information that allows us to communicate with you which include but is not limited to your name, D.O.B., username, mailing address, telephone numbers, email address or other addresses that allow us to send you messages.
• Relationship Information that helps us do business with you, such as the types of products and services that may interest you.
• Transaction Information about how you interact with MDLink including inquiries, online account information, and information about how you use the MDLink Platform.
• Health information for the purposes of providing the Telehealth Services to you such as any information concerning past or present physical or mental health or condition, clinical information about diagnosis and treatment, genetic data or biometric data.

The above is a non-exhaustive list which is reflective of the varied nature of the Personal Data processed as part of providing the Telehealth Services.

Personal Data Collection and Usage

MDLink collects and uses Personal Data only as necessary to provide our Telehealth Services, including but not limited to developing, assessing, and optimizing our MDLink Platform functionality, the Telehealth Services and user experience. We only collect Personal Data if non-identifying information will not suffice. We minimize our collection and use of Personal Data to what is needed for these purposes. For example, we do not record the audio or video portions of interactions between users and Healthcare Providers through the MDLink Platform.

We collect and use your Personal Data to register you, create your User Account, authenticate you when you log in and personalize your experience while using the MDLink Platform.

We use Personal Data that you enter, or upload, or which is created as part of an interaction with a Healthcare Provider to make it available to you when you access your User Account. You may enter the name and contact information for your emergency contact.

We may use Personal Data for loss prevention and anti-fraud purposes, and to comply with regulatory and legal requirements.

We may use Personal Data to help us create, develop, operate, deliver, support and improve the MDLink Platform, its content and advertising provided to you through it (by MDLink and authorized third parties) unless you have decided not to receive such advertising.

To request the Telehealth Services, you select any applicable symptoms relevant to your request. You may also specify whether you are seeking to renew a prescription or obtain a sick note. We facilitate your disclosure to the Healthcare Provider of that information, along with age and gender to determine whether your request is eligible. We do not identify you, or, if applicable, a minor for whom you are seeking the Telehealth Services. Once the Healthcare Provider confirms and accepts that your request is eligible, we identify the Healthcare Provider to you. The MDLink Platform presents to the Healthcare Provider the information you provided in your consultation request, your name and, if applicable, the name of the minor for whom you are seeking the consultation.

We use the Personal Data that you enter to provide you with the Telehealth Services that you request us to perform on your behalf, e.g., securely faxing/e-mailing your prescription to your chosen pharmacy.

We use your Personal Data to text or email you or to notify you about Telehealth Services that you request. For example, we notify you about the status of your consultations and other requests, such as prescription orders.

We may collect location data through the use of GPS technology and your IP address where applicable to Telehealth Services you have requested, for example, ensuring you are connected to a Healthcare Provider or pharmacy that is licensed and authorized to provide such services in the jurisdiction where you are located. We also use your IP address for security purposes, for example, presenting you with information about your account activity in your account settings.

Healthcare Providers are responsible for their collection, use, disclosure, retention, destruction and protection of Personal Data. As a result, the following description is an overview only of the use generally made of Personal Data for the purpose of providing the Healthcare Services through the MDLink Platform. A particular Healthcare Provider may or may not chose to collect or use Personal Data as described below in connection with a particular interaction with a user.

Healthcare Providers may collect Personal Data about you or any minor when you provide it during a telehealth consultation (e.g., verbally or in texts), by viewing the Personal Data that you have entered or uploaded to the MDLink Platform and/or by creating or compiling Personal Data in the MDLink Platform. Personal Data that will be available to Healthcare Providers includes: the details that you provide in your consultation request; information you have entered or uploaded to profiles and medical records; information created during earlier interactions through the MDLink Platform with other Healthcare Providers; the name, email address, phone number, gender, date of birth as well as the location that you provided when you registered; and your emergency contact’s name and contact information. Healthcare Providers use Personal Data to provide you with the Healthcare Services and, as with any Healthcare Provider, must comply with the privacy legislation and medical record-keeping obligations to which they are subject. Healthcare Providers may create information such as prescriptions, lab requests, sick notes and other notes about your interaction with them through the MDLink Platform. They may export or print copies of your Personal Data that they collect. Healthcare Providers may, but are not required to email or text your emergency contact if they believe that you are dealing with a medical emergency during a consultation.

Communication

Medical emergencies associated with requests for Healthcare Services.

Should you submit information about a medical issue, which is deemed an emergency by a Healthcare Provider prior to their acceptance of your request for the Healthcare Services, MDLink reserves the right to contact you at any time using any of the contact information you have provided. The sole purpose of this contact would be to inform you that a Healthcare Provider has viewed your anonymized request and has declined the request based on their belief that your symptoms may represent a medical emergency.

Updates and marketing.

From time to time, we may send you certain communications such as appointment reminders, administrative messages and service announcements, including policy updates and updates to our Terms of Use and software and keep you up-to-date on our latest products and any upcoming events that may be of interest to you or apply to you. You may opt-out of receiving non-essential communications by emailing us at info@themdlink.com. Appointment reminders, administrative messages and service announcements including updates to our policies and Terms of Use and software are not considered non-essential communications.

Customer support.

If you email, fax, write to us or complete a ‘contact us’ form on the MDLink Platform, we will collect the name and contact information that you provide to us and will use it to respond to you.

Disclosure of Personal Data

We will limit sharing of your Personal Data as follows-
• We may share your Personal Data with an affiliate or associated entity of MDLink, which may only use your Personal Data for the purposes listed above and who will be bound by law or contract to protect your Personal Data and only use your Personal Data in accordance with our instructions.
• We may share your Personal Data with a Healthcare Provider, who will be bound by law or contract to protect your Personal Data and only use your Personal Data to facilitate the use of the Telehealth Services by you.
• We may share your Personal Data to comply with applicable laws or regulations, respond to a court order, or to comply with a similar legal obligation to produce information.
• We may share your Personal Data to establish or exercise MDLink’s legal rights or defend against legal claims;
• We may share your Personal Data to investigate, detect, suppress, prevent or take action regarding illegal or prohibited activities, suspected fraud or situations involving potential threats to the reputation or safety of any person.
• We may disclose Personal Data for the purposes of the due diligence required by or for the completion of a transaction such as a merger, acquisition or asset sale. We will comply with any applicable legal requirements, including notice requirements, that apply to such transactions.
• Otherwise, we will only disclose your Personal Data where you have directed us or gives us permission to do so.

Please note this list is non-exhaustive and there may be other examples where we need to share your Personal Data with other third parties in order to provide the Telehealth Services as effectively as we can.

Transfer of Personal Data

We may need to transfer Personal Data to third-parties located in a territory outside of Jamaica for further processing in accordance with the purposes for which the Personal Data was originally collected or for purposes to which you have subsequently consented.

By accessing, registering on and using the MDLink Platform you hereby consent to the transfer of your Personal Data to a territory outside of Jamaica whenever such need may arise.

You shall not hold us liable for the manner in which your Personal Data is processed and/or used by any third-parties which are situated outside Jamaica.

Retaining and Disposing of Personal Data

Unless we otherwise give you notice, we will retain your Personal Data on the MDLink Platform on your behalf until you or we terminate your User Account. On termination, we will delete the Personal Data associated with your User Account, except Personal Data that a Healthcare Provider advises us he or she requires in connection with providing the Healthcare Services to you. In such circumstances, MDLink will destroy the Personal Data when the Healthcare Provider has obtained a copy or terminates his/her User Account with MDLink.

Accessing and Correcting Personal Data

You can access your Personal Data to check that it is accurate, complete, and up to date by logging in to your User Account. Once you have logged in to your User Account, you may update and edit any of your Personal Data except Personal Data a Healthcare Provider has viewed or generated during the provision of the Healthcare Services. . You will be required to contact the Healthcare Provider who provided the Healthcare Services to access or request the correction of Personal Data in their notes on the MDLink Platform.

MDLink will not be held responsible for any loss, damage or claim that may arise due to any inaccurate, incomplete, or otherwise deficient Personal Data which you have provided to us or any Healthcare Provider via the MDLink Platform.

Safeguarding Personal Data

The security of your Personal Data is taken very seriously by MDLink. We store your Personal Data in electronic format within the U.S.A., using computer systems with restricted access and housed in facilities using physical security measures. MDLink has also put in place appropriate technical and organizational safeguards to protect Personal Data against theft, loss and unauthorized access, use and disclosure. MDLink’s partners, employees, consultants, agents, independent contractors and data processors (i.e. those who process your Personal Data on our behalf, for the purposes listed above), who have access to, and are associated with the processing of your Personal Data are obligated to protect your Personal Data by adhering to our policies, practices and applicable laws.

MDLink also encourages its users to play their part in protecting their privacy and the confidentiality of their Personal Data by creating a strong password for their User Account and mobile device. Users are also encouraged to log out of their MDLink User Accounts upon completion of a consultation.

MDLink, however, does not warrant or make any representations that your Personal Data may not be accessed, used, disclosed, altered, or destroyed by breach of such safeguards. MDLink will immediately notify any user whose Personal Data has been affected by a security breach and will maintain an incident response policy that includes notifications consistent with applicable law.

Data Protection Rights

You will have the following rights with respect to your Personal Data:
• Access: You are entitled to ask us if we are processing your Personal Data and, if so, you can request access to the Personal Data. This enables you to receive a copy of the Personal Data we hold about you and certain other information regarding the Personal Data.
• Rectification: You are entitled to request that any incomplete or inaccurate Personal Data we hold about you is rectified. If you are entitled to rectification and if we have shared your Personal Data with others, we will notify such other persons about the rectification where possible. If you make such a request, where possible and lawful to do so, we will also tell you the persons with whom we have shared your Personal Data so that you may contact such persons directly.
• Erasure: You are entitled to ask us to delete or remove Personal Data in certain circumstances such as where we no longer need it or if you withdraw your consent (where applicable). There are also certain exceptions where we may refuse a request for erasure, for example, where the Personal Data is required for compliance with local laws or in connection with claims. If you are entitled to erasure and if we have shared your Personal Data with others, we will notify such other persons about the erasure where possible.
• Restriction: You are entitled to ask us to suspend the processing of your Personal Data, for example, if you would like for us to establish its accuracy or the reason for processing it.
• Transfer: You may request that we transfer certain of your Personal Data to another party.
• Objection: You are entitled to ask us to stop processing your Personal Data in certain circumstances, for example, where the processing is likely to cause substantial damage or distress except if we can demonstrate compelling legal grounds for the processing. You also have the right to object where we are processing your Personal Data for direct marketing purposes. You may opt-out of receiving direct marketing from us at any time.
• Automated decisions: You may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered.
• Consent: If we rely on your explicit consent as our legal basis for processing your Personal Data, you may withdraw your consent at any time. However, we note that this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the Telehealth Services to you. We will of course advise you, if this is the case, at the time you withdraw your consent.

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process your Personal Data.

If you would like to exercise any of the abovementioned rights, you may contact us at info@themdlink.com.

Collecting, Using and Sharing Personal Data

MDLink de-identifies Personal Data on behalf of Healthcare Providers. Under their agreement with MDLink, Healthcare Providers permit MDLink to collect and use the resulting de-identified Personal Data for purposes that include: quality control activities designed to ensure use of the MDLink Platform in compliance with the MDLink Healthcare Provider Agreement and the Terms of Use; improving the MDLink Platform and more generally, the use of patient-initiated telemedicine services (through an understanding of usage and utilization patterns by users and Healthcare Providers); conducting academic research and designing surveys (to be posted and completed at the discretion of users). We will not use Personal Data to re-identify individuals.

Cookies and Similar Technologies

The MDLink Platform, MDLink email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies are used to better understand and analyze user behavior and trends. This in turn allows the MDLink Platform to administer, personalize and improve the experience of its usage. Users have the ability to accept or decline our use of cookies. You can refuse cookies by turning them off or blocking them in your internet browser. If you decide to turn off or block cookies, the MDLink Platform might not function correctly. At times, we may use third parties such as ad exchanges and data companies to serve our advertisements on the MDLink Platform. These companies may also use cookies and other technologies to report certain information about your visits to the MDLink Platform and other websites (such as web pages you visit and your response to ads on the MDLink Platform) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant and tailored to you, both on and off our MDLink Platform. By using the MDLink Platform and not turning off cookies, you are consenting to their use for the purposes described in this Policy.

Links and Third Party Websites and Applications

This Privacy Policy serves only the MDLink Platform and as such, any links to other websites that we do not operate or own are not intended as an endorsement of or referral to the linked websites. We encourage you to review the privacy policies applicable to any site you visit. We are not responsible for the content or practices of any linked websites or their operators which are provided solely for your convenience.

Applicable Law

This Policy shall be governed by and construed in accordance with the laws of Jamaica.

Policy Changes

This Policy was last updated on May 05, 2021. We will update this Policy from time to time to reflect any changes to our use of your Personal Data. We may also update this Policy as required to comply with changes in applicable law or regulatory requirements. Our obligations will be determined having regards to the policy as amended from time to time and not the policy at the time the Personal Data was collected by us. We will post notifications of any changes to this Policy on our website and we encourage you to check our website periodically so as to become aware of any changes to this Policy.

Contact Us

If you have any questions, concerns or suggestions about our privacy practices, please contact us at info@themdlink.com.

Founded in 2017 with the mission to improve and reinvent access to healthcare across the Caribbean. MDLink is an innovative medical service provider offering modern services that allows patients to conveniently connect with the best doctors in the region.