TriBeCa Care Private Limited (“Company”) and the Member or Sponsor (as defined respectively in the Member Terms and Conditions) (the Company, the Member and the Sponsors collectively, the “Parties” and each a “Party”) shall not disclose, divulge and/or disseminate to any third party, directly or indirectly, through any means whatsoever any Confidential Information. “Confidential Information” means all information, including but not limited to the terms and conditions specified in the Member Terms and Conditions and all information which is not already in the public domain concerning a Party’s business transactions, technical and operational information and financial arrangements, whether or not such information has any commercial value, which is obtained/received by a Party during the entire duration of provision of the services specified in Schedule I to the Member Terms and Conditions by the Company to the Member (such duration, the “Term” and such services, the Services”). This obligation will not apply to Confidential Information, which is or becomes public knowledge through no action or fault of the Parties hereto or which any Party is required to disclose (after prior notification to the other Parties) under Applicable Law or in connection with proceedings or orders of any judicial, administrative, governmental or regulatory body having jurisdiction over such Party.
The Company, however, may use services of third party partners and associates, and may rely on the privacy and data protection norms and procedures followed by such third party partners and associates, for specific purposes, including but not limited to enabling geographic tracking, measurement and storage of personal information, compiling electronic medical records for delivering services like MEAS and CMS, getting the Member admitted to a hospital or getting the Member checked by a registered medical practitioner. The Company may have to share Confidential Information of the Member with such third party partners and associates for these purposes. The Member hereby consents, for the Term of the Services, to the Company sharing the personal information of the Member, including but not limited to his/her medical health records and other health related data (hereinafter “Member Data”) with such partners and associates.
In the event any Party wants to disclose any Confidential Information, it shall take the prior written consent of the other Parties for all such disclosures. However, such consent shall not be required for disclosure of any Confidential Information, which any Party is required to disclose (after prior notification to the other Parties) under Applicable Law or in connection with proceedings or orders of any judicial, administrative, governmental or regulatory body having jurisdiction over such Party.
The Member and the Sponsor, jointly and severally:
acknowledge and agree that in the course of providing the Services, the Company may use Member Data for the purposes of its own research and analytical purposes, provided that the Company shall at all times treat such personal information of the Member as Confidential Information and shall comply with the provisions of this Paragraph 1 in respect of such Member Data; and
hereby grant to the Company express consent for the Term of the Services to disclose such Member Data as the Company, in its sole discretion but in compliance with the provisions of this Paragraph 1, considers is required to be disclosed by the Company.