PRIVACY POLICY
Jindal Medi Surge Global Privacy Policy
Welcome to www.jmshealth.com ("Website"), owned and operated by Jindal Medi Surge ("JMS", "Company", "we", "our", or "us").
Jindal Medi Surge is committed to respecting and protecting the privacy of individuals who interact with our Website, products, services, distributors, business partners, healthcare professionals, suppliers, customers, and other stakeholders worldwide.
This Privacy Policy explains how we collect, use, disclose, store, transfer, retain, and otherwise process personal information when you access or use our Website or otherwise interact with us.
This Privacy Policy is intended to comply with applicable privacy and data protection laws, including, where applicable:
Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR);UK General Data Protection Regulation (UK GDPR);UK Data Protection Act 2018;India's Digital Personal Data Protection Act, 2023 (DPDP Act);California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA);Brazil's Lei Geral de Proteção de Dados (LGPD), where applicable;Canada's Personal Information Protection and Electronic Documents Act (PIPEDA), where applicable; andother applicable data protection and privacy legislation.
Where local laws impose additional requirements, those laws shall prevail to the extent required.
Nothing contained in this Privacy Policy limits or excludes any rights that cannot lawfully be limited or excluded under applicable law.
1. Scope of this Privacy Policy
This Privacy Policy applies to:
visitors to www.jmshealth.com;prospective customers;existing customers;distributors;dealers;importers;exporters;healthcare professionals;hospitals;clinics;procurement organizations;suppliers;vendors;business partners;job applicants;individuals contacting Jindal Medi Surge through any communication channel; andany other individual whose personal information is processed in connection with our Website or business operations.
This Privacy Policy applies to information collected through:
our Website;contact forms;quotation requests;distributor applications;email communications;telephone communications;online meetings;exhibitions and trade shows;customer support;social media pages operated by Jindal Medi Surge;marketing activities;newsletters;and other legitimate business interactions.
This Privacy Policy does not apply to third-party websites, applications, or services that are not owned or controlled by Jindal Medi Surge, even where links are provided on our Website.
2. Acceptance of this Privacy Policy
By accessing or using our Website, you acknowledge that you have read and understood this Privacy Policy.
Where required by applicable law, your consent will be requested before we process personal information for purposes that require consent.
Where consent is not the lawful basis for processing, we process personal information only where another lawful basis exists under applicable law.
Your continued use of the Website does not waive any statutory privacy rights available to you under applicable law.
3. Definitions
For the purposes of this Privacy Policy:
"Personal Information" or "Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable privacy legislation.
"Processing" means any operation performed on personal information including collection, recording, storage, organization, adaptation, retrieval, consultation, use, disclosure, transfer, combination, restriction, deletion, destruction, or any similar activity.
"Data Subject" means an individual whose personal information is processed.
"Controller", "Business", "Data Fiduciary", or equivalent term shall have the meaning assigned under the applicable privacy law governing the relevant processing activity.
"Processor", "Service Provider", or equivalent term means any person or organization processing personal information on our behalf.
"Applicable Law" means all privacy, data protection, cybersecurity, consumer protection, and related laws applicable to the processing activity.
4. Our Commitment to Privacy
Jindal Medi Surge recognizes that privacy is an important component of responsible business practices.
We are committed to:
processing personal information lawfully, fairly, and transparently;collecting only information reasonably necessary for legitimate business purposes;implementing appropriate technical and organizational security measures;respecting the privacy rights provided under applicable law;maintaining appropriate safeguards when personal information is transferred internationally;reviewing our privacy practices periodically; andcontinually improving our information security and privacy governance programs.
While we strive to protect personal information using commercially reasonable administrative, technical, and physical safeguards, no method of electronic transmission, storage, or processing can be guaranteed to be completely secure. Accordingly, except where prohibited by applicable law, Jindal Medi Surge does not warrant or guarantee that unauthorized access, disclosure, alteration, or destruction of information will never occur.
5. Information We Collect
Depending upon your interaction with Jindal Medi Surge, we may collect the following categories of information:
A. Identity InformationFull nameCompany nameJob titleBusiness designationCountryRegionLanguage preferenceB. Contact InformationBusiness email addressTelephone numberMobile numberBusiness addressShipping addressBilling addressC. Business InformationDistributor detailsHospital informationClinic informationMedical institutionPurchase inquiriesQuotationsOrder informationProduct interestsD. Technical Information
When you visit the Website, we may automatically collect certain technical information, including:
IP address (or a truncated/anonymized version where appropriate);browser type and version;operating system;device identifiers;language settings;referring website;pages visited;access dates and times;clickstream information;approximate geographic location derived from technical information; andinformation collected through cookies and similar technologies, subject to applicable law and your cookie preferences.E. Communications
We may collect information contained in:
emails;contact forms;support requests;quotation requests;distributor applications;customer feedback;exhibition registrations; andother communications you voluntarily provide.F. Recruitment Information
Where you apply for employment or submit your résumé, we may collect information relevant to evaluating your application.
We request that applicants do not include sensitive personal information unless specifically requested or required by applicable law.
6. Information We Do Not Intentionally Collect
Unless required for a specific lawful purpose, we do not intentionally request or collect:
government-issued identification numbers;payment card information through the Website;health records or patient treatment information;biometric information;genetic information;precise geolocation data;or other categories of sensitive personal information.
If such information is inadvertently provided, it will be processed only as necessary to respond to your request or comply with applicable law.7. Purposes of Processing Personal Information
Jindal Medi Surge processes personal information only for legitimate, specified, and lawful business purposes. Depending on your interaction with us, your personal information may be processed for one or more of the following purposes:
A. Website Administration
We process information to:
operate, administer, maintain, and improve the Website;monitor system performance and availability;detect and resolve technical issues;ensure cybersecurity and network security;prevent unauthorized access, fraud, abuse, or misuse of the Website; andcomply with legal and regulatory obligations.B. Customer and Distributor Management
We may process personal information to:
respond to enquiries;prepare quotations;process orders;provide customer support;manage distributor relationships;communicate regarding products and services;administer warranties where applicable;facilitate logistics and export documentation; andmaintain accurate business records.C. Marketing and Business Development
Where permitted by applicable law, we may process personal information to:
send newsletters and product updates;provide information about new products or services;invite you to exhibitions, conferences, webinars, and events;conduct market research;measure marketing effectiveness; andimprove our communications.
Where required by law, marketing communications will only be sent with your consent or another lawful basis.
You may unsubscribe from marketing communications at any time by using the unsubscribe link provided in the communication or by contacting us.
D. Regulatory and Quality Management
As a medical device manufacturer, we may process information to:
comply with applicable medical device regulations;maintain quality management systems;investigate product complaints;conduct post-market surveillance activities;evaluate product safety;manage recalls or corrective actions where required; andsatisfy reporting obligations imposed by regulatory authorities.E. Recruitment
Information submitted by job applicants may be processed for:
recruitment;candidate evaluation;interview scheduling;employment verification;onboarding; andcompliance with employment laws.F. Legal and Compliance Purposes
We may process personal information where necessary to:
comply with legal obligations;respond to lawful requests from public authorities;establish, exercise, or defend legal claims;enforce contractual rights;protect our rights, property, personnel, customers, distributors, or business partners; andinvestigate suspected violations of applicable law or our policies.8. Legal Bases for Processing (GDPR and UK GDPR)
Where the GDPR or UK GDPR applies, we process personal data only where a lawful basis exists under Article 6 of the applicable legislation.
Depending upon the circumstances, processing may be based on one or more of the following lawful grounds:
A. Consent
Where required by law, we rely on your freely given, specific, informed, and unambiguous consent.
You may withdraw consent at any time. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.
B. Contract
Processing may be necessary to:
provide requested products or services;respond to pre-contract enquiries;fulfil contractual obligations; ortake steps requested before entering into a contract.C. Legal Obligation
Processing may be necessary to comply with legal obligations, including obligations arising under:
medical device regulations;taxation laws;customs and export laws;accounting regulations;corporate governance requirements; andcourt or governmental orders.D. Legitimate Interests
Where appropriate and after balancing our interests against your rights and freedoms, we may process information for legitimate interests including:
improving our Website;ensuring information security;preventing fraud;responding to customer enquiries;protecting business operations;maintaining distributor relationships;developing new products and services; andimproving customer experience.
Where required by law, we will conduct an appropriate legitimate interests assessment.
9. Compliance with India's Digital Personal Data Protection Act, 2023
Where the Digital Personal Data Protection Act, 2023 ("DPDP Act") applies, Jindal Medi Surge acts as a Data Fiduciary in relation to applicable processing activities.
Where required under the DPDP Act, we will:
process personal data for lawful purposes;provide appropriate notice regarding processing activities;obtain consent where required;implement reasonable security safeguards;take reasonable measures to prevent personal data breaches;retain personal data only for as long as reasonably necessary or as required by law;erase personal data where required under applicable law, subject to legal retention obligations; andfacilitate the exercise of rights available under the DPDP Act.
Where another lawful basis is recognized under applicable law, processing may also occur on that basis.
10. California Privacy Rights (CCPA / CPRA)
If you are a California resident and the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), applies to our processing activities, you may have certain rights regarding your personal information, subject to applicable exceptions.
Depending on applicable law, these rights may include:
the right to know;the right to access;the right to correct;the right to delete;the right to obtain information regarding categories of personal information collected;the right to know categories of sources;the right to know categories of disclosures;the right to limit the use of sensitive personal information where applicable;the right to opt out of certain sharing for cross-context behavioral advertising where applicable; andthe right not to be discriminated against for exercising applicable privacy rights.
Jindal Medi Surge does not knowingly sell personal information as those terms are defined under the CCPA.
Where our practices change in the future, this Privacy Policy will be updated accordingly.
11. Cookies and Similar Technologies
Our Website may use cookies, pixels, local storage, web beacons, software development kits (SDKs), and similar technologies.
These technologies may be used for:
website functionality;authentication;security;language preferences;analytics;performance monitoring;remembering user settings;measuring Website traffic;improving Website functionality; andwhere applicable, marketing activities.
Where required by applicable law, non-essential cookies will only be placed after obtaining your consent.
You may manage your cookie preferences through our Cookie Preference Center, where available, or by adjusting your browser settings.
Additional information regarding cookies is available in our separate Cookie Policy.
12. Marketing Communications
We may communicate with existing or prospective customers, distributors, healthcare professionals, suppliers, and business partners regarding:
products;services;exhibitions;conferences;webinars;training;newsletters;educational materials; andbusiness opportunities.
Where required by applicable law, marketing communications will only be sent after obtaining the necessary consent or where another lawful basis exists.
You may opt out of marketing communications at any time. Opting out of marketing communications does not affect transactional, contractual, regulatory, safety-related, or other communications that are necessary for the administration of our business relationship.
13. International Transfers of Personal Information
Jindal Medi Surge operates internationally and may transfer personal information between jurisdictions in connection with its legitimate business operations.
Where personal information is transferred internationally, we implement appropriate safeguards as required by applicable law. Depending on the circumstances, these safeguards may include:
contractual safeguards;adequacy decisions;approved transfer mechanisms;organizational measures;technical safeguards; orother legally recognized mechanisms.
By interacting with Jindal Medi Surge, you acknowledge that your personal information may be processed in countries that may have data protection laws different from those in your country of residence.
Where required by applicable law, such transfers will be carried out only in accordance with the applicable legal requirements.
Jindal Medi Surge does not intentionally transfer personal information in violation of applicable data protection legislation.14. Disclosure of Personal Information
Jindal Medi Surge treats personal information as confidential and does not sell or disclose personal information except as described in this Privacy Policy, with your consent, or where otherwise permitted or required by applicable law.
Depending on the circumstances, we may disclose personal information to the following categories of recipients:
A. Companies Within Our Organization
We may share personal information with our affiliated companies, subsidiaries, branch offices, representative offices, and authorized personnel where necessary for legitimate business, administrative, operational, regulatory, customer support, quality management, or legal purposes.
B. Authorized Distributors and Business Partners
Where necessary to respond to enquiries, process quotations, fulfill orders, provide after-sales support, or manage business relationships, we may share relevant personal information with our authorized distributors, dealers, logistics providers, importers, exporters, and business partners.
Only information reasonably necessary for the applicable business purpose will be shared.
C. Service Providers
We may engage third-party service providers to perform services on our behalf, including:
website hosting;cloud infrastructure;cybersecurity;email delivery;customer relationship management (CRM);technical support;payment processing (where applicable);logistics support;analytics;document management;information technology services;legal, accounting, and professional advisory services.
Service providers are contractually required, where appropriate, to process personal information only for authorized purposes and to implement reasonable security measures.
D. Regulatory Authorities
We may disclose information where required to comply with:
applicable medical device regulations;government investigations;court orders;lawful requests from competent authorities;customs and export requirements;taxation obligations;product safety reporting requirements; orother legal obligations.E. Corporate Transactions
If all or part of our business is involved in a merger, acquisition, restructuring, financing, joint venture, sale of assets, bankruptcy, or similar corporate transaction, personal information may be transferred as part of that transaction, subject to applicable law.
F. Protection of Rights
We may disclose information where reasonably necessary to:
protect our legal rights;prevent fraud;investigate unlawful activity;protect the safety of individuals;enforce contractual obligations;protect intellectual property;respond to litigation; orestablish, exercise, or defend legal claims.15. Third-Party Websites and Services
Our Website may contain links to websites, applications, platforms, or services operated by third parties.
These third parties maintain independent privacy practices.
Jindal Medi Surge does not control, supervise, or assume responsibility for:
third-party privacy policies;cookies placed by third parties;website content;security measures;availability of third-party services; orprocessing activities conducted by third parties.
Your interactions with third-party websites are governed solely by the applicable policies and terms of those third parties.
The inclusion of any third-party link does not constitute an endorsement, approval, or recommendation by Jindal Medi Surge unless expressly stated.
16. Data Retention
We retain personal information only for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, including:
providing requested services;maintaining customer relationships;complying with legal obligations;satisfying accounting requirements;maintaining regulatory records;resolving disputes;enforcing contractual rights; andprotecting legitimate business interests.
Retention periods vary depending upon:
the nature of the information;the purpose of processing;legal retention requirements;regulatory obligations; andoperational needs.
When personal information is no longer required, it will be securely deleted, anonymized, or otherwise disposed of in accordance with our retention policies and applicable law.
17. Information Security
Jindal Medi Surge maintains administrative, organizational, physical, and technical safeguards designed to protect personal information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access.
Security measures may include, where appropriate:
role-based access controls;password management;encryption where appropriate;secure communications;network monitoring;firewall protection;endpoint protection;backup and disaster recovery procedures;employee confidentiality obligations;vendor security assessments; andperiodic review of information security practices.
While we implement commercially reasonable safeguards, no method of electronic transmission, storage, or processing can be guaranteed to be completely secure.
Accordingly, except to the extent required by applicable law, Jindal Medi Surge does not warrant or guarantee that unauthorized access, cyberattacks, malware, data interception, system failures, or other security incidents will never occur.
18. Children's Privacy
The Website is intended for business users, healthcare professionals, distributors, hospitals, clinics, procurement organizations, and other commercial users.
The Website is not directed toward children.
Jindal Medi Surge does not knowingly collect personal information directly from children where prohibited by applicable law.
If we become aware that personal information has been collected from a child in violation of applicable law, we will take reasonable steps to delete such information, unless retention is required by law.
Parents or legal guardians who believe that a child has provided personal information may contact us using the contact information provided in this Privacy Policy.
19. Your Privacy Rights
Depending upon your country of residence and applicable law, you may have one or more of the following rights:
the right to access personal information;the right to obtain confirmation regarding processing;the right to request correction of inaccurate information;the right to request deletion, subject to legal exceptions;the right to withdraw consent where processing is based on consent;the right to object to certain processing activities;the right to restrict processing in certain circumstances;the right to data portability where applicable;the right to lodge a complaint with a competent supervisory authority;the right to receive information regarding international transfers;the right to opt out of certain marketing communications; andany additional rights provided under applicable law.
These rights are subject to applicable legal limitations, exemptions, and verification requirements.
The availability and scope of these rights may vary depending upon your jurisdiction.
20. Exercising Your Rights
Requests regarding privacy rights may be submitted using the contact information provided in this Privacy Policy.
To protect personal information and prevent unauthorized disclosures, we may request reasonable information necessary to verify the identity and authority of the individual submitting the request.
Where permitted by law, we may decline requests that are:
manifestly unfounded;excessive;repetitive;technically infeasible;inconsistent with applicable legal obligations; orotherwise exempt under applicable law.
We will respond within the timeframes required by the applicable legislation.
21. Complaints
If you believe that Jindal Medi Surge has processed your personal information in a manner inconsistent with applicable privacy laws, you may contact us using the contact details provided below.
Where applicable law provides the right to lodge a complaint with a supervisory authority or data protection regulator, nothing in this Privacy Policy limits that statutory right.
We encourage individuals to contact us first so that we may have an opportunity to address concerns promptly and fairly.
22. Automated Decision-Making and Profiling
Unless expressly stated otherwise, Jindal Medi Surge does not make decisions producing legal or similarly significant effects solely through automated processing.
Where automated processing is used for website functionality, analytics, cybersecurity, fraud prevention, or similar operational purposes, it is implemented in accordance with applicable law and does not replace human decision-making where legally required.23. Personal Data Breach Response
Jindal Medi Surge maintains internal procedures for identifying, investigating, documenting, and responding to actual or suspected personal data breaches.
Where required by applicable law, we will notify the appropriate supervisory authority and, where legally required, affected individuals within the timeframes prescribed by applicable legislation.
Not every security incident constitutes a personal data breach requiring notification. Notification obligations will be determined based on the nature of the incident and applicable legal requirements.
24. International Users
Our Website is intended for visitors located throughout the world.
By accessing or using the Website, you acknowledge that your personal information may be processed in countries other than your country of residence.
Where applicable law requires additional safeguards for international transfers of personal information, Jindal Medi Surge will implement such safeguards before transferring personal information internationally.
Nothing in this Privacy Policy shall be interpreted as limiting any mandatory rights available under applicable privacy legislation.
25. Medical Information Disclaimer
The information published on this Website is provided solely for general informational and educational purposes regarding Jindal Medi Surge, its products, services, technologies, and business operations.
Unless expressly stated otherwise:
information provided on this Website does not constitute medical advice;information does not replace independent clinical judgment;product information is intended for qualified healthcare professionals, distributors, procurement authorities, and business customers;treatment decisions remain solely the responsibility of licensed healthcare professionals.
Patients should always consult appropriately qualified healthcare professionals regarding diagnosis, treatment, or use of any medical device.
Nothing contained on this Website shall be interpreted as promoting off-label use of any medical device where prohibited by applicable law.
26. No Professional Advice
The Website does not provide legal, medical, financial, engineering, regulatory, or other professional advice.
Information published on the Website should not be relied upon as a substitute for professional consultation.
Users remain solely responsible for evaluating the suitability, legality, regulatory status, and applicability of any information obtained from the Website.
27. Website Availability
While Jindal Medi Surge endeavors to maintain continuous availability of the Website, uninterrupted access cannot be guaranteed.
The Website may become unavailable due to:
scheduled maintenance;software updates;hardware failures;internet disruptions;cybersecurity events;telecommunications failures;third-party service interruptions; orevents beyond our reasonable control.
We reserve the right to modify, suspend, restrict, or discontinue any portion of the Website without prior notice, subject to applicable law.
28. Intellectual Property
Unless otherwise stated, all content available on the Website, including but not limited to:
trademarks;trade names;logos;product names;product catalogues;technical documentation;manuals;software;databases;graphics;photographs;videos;text;icons;designs;layouts;compilations; andother intellectual property,
is owned by or licensed to Jindal Medi Surge and is protected under applicable intellectual property laws.
Nothing contained in this Privacy Policy grants any license or right to use such intellectual property except as expressly permitted by applicable law or with our prior written consent.
29. Limitation of Liability
To the fullest extent permitted by applicable law, Jindal Medi Surge shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages arising out of or relating to:
access to or use of the Website;inability to access the Website;interruption of Website services;technical failures;communication failures;internet delays;malware or cyberattacks not resulting from our failure to implement reasonable safeguards required by applicable law;unauthorized access by third parties despite commercially reasonable security measures;inaccuracies originating from third-party information;reliance upon information published on the Website;third-party websites;third-party software;third-party cookies;loss of profits;loss of business opportunities;loss of goodwill;loss of data, except where liability cannot lawfully be excluded.
Nothing in this Privacy Policy excludes or limits liability for matters that cannot legally be excluded or limited under applicable law, including liability arising from fraud, fraudulent misrepresentation, willful misconduct, or any other liability that applicable law prohibits from being excluded.
30. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Jindal Medi Surge, its affiliates, directors, officers, employees, agents, distributors, and representatives from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from:
your unlawful use of the Website;your violation of applicable laws;your infringement of intellectual property rights;your misuse of Website content; oryour breach of these policies or any applicable terms governing your use of the Website.
This provision does not apply where prohibited by applicable law or to the extent that liability results from Jindal Medi Surge's own negligence, willful misconduct, or other conduct for which liability cannot legally be excluded.
31. Force Majeure
Jindal Medi Surge shall not be responsible for any delay or failure in performing obligations under this Privacy Policy to the extent caused by events beyond its reasonable control, including but not limited to:
natural disasters;pandemics;epidemics;governmental actions;war;terrorism;civil unrest;labor disputes;utility failures;internet outages;cyber incidents affecting infrastructure;transportation disruptions; orother force majeure events.
Nothing in this section affects any mandatory rights that cannot be limited under applicable law.
32. Severability
If any provision of this Privacy Policy is determined by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
33. Changes to this Privacy Policy
Jindal Medi Surge may update this Privacy Policy from time to time to reflect:
changes in applicable law;regulatory guidance;technological developments;changes to our business operations;modifications to our products or services; orimprovements to our privacy practices.
The updated version will be published on the Website together with the revised "Last Updated" date.
Where required by applicable law, additional notice or consent will be provided before material changes take effect.
34. Governing Law
This Privacy Policy shall be governed by the laws applicable to the relevant processing activity and the jurisdiction in which the claim is brought, to the extent required by mandatory law.
Where no mandatory law provides otherwise, this Privacy Policy shall be governed by the laws of the Republic of India, without regard to conflict of law principles.
Nothing in this Privacy Policy limits any mandatory statutory rights available to individuals under applicable privacy legislation.
35. Contact Us
For questions, requests, or concerns regarding this Privacy Policy or our privacy practices, please contact:
Jindal Medi Surge
Website: www.jmshealth.com
If required by applicable law, requests may also be submitted through any additional contact mechanism published on our Website.
36. Entire Privacy Policy
This Privacy Policy constitutes the complete privacy notice relating to the collection and processing of personal information through the Website and supersedes any previous website privacy notices to the extent permitted by applicable law.
Nothing contained in this Privacy Policy shall:
create contractual rights where none otherwise exist;waive any legal rights available to Jindal Medi Surge under applicable law;limit statutory rights that cannot lawfully be limited;create warranties regarding uninterrupted Website operation or absolute data security; orexpand Jindal Medi Surge's legal obligations beyond those imposed by applicable law.
Where there is any inconsistency between this Privacy Policy and mandatory provisions of applicable law, the applicable law shall prevail to the extent of that inconsistency.