1.1 Support Elders Private Limited (hereinafter “Company”) and the Member or Sponsor (as the case may be; “Member” and “Sponsor” meaning as defined in the Member Terms and Conditions) (jointly referred to as “Parties” and individually as “Party”) shall not disclose, divulge and/or disseminate to any third party any Confidential Information (“Confidential Information” shall mean all information which is obtained/received during the Term (defined as the entire duration of provision of the Services (defined as the services specified in Schedule I in the Member Terms and Conditions) by the Company to the Member), including but not limited to the terms and conditions specified in the Member Terms and Conditions and all information concerning a party’s business transactions, technical and operational information and financial arrangements, whether or not such information has any commercial value). This obligation will not apply to Confidential Information, which is or becomes public knowledge through no fault of the parties hereto as well as Confidential Information, which the Parties hereto might be required to disclose under Applicable Law or by order of any Competent Authority.
1.2 The Company, however, may use services of partners and associates, and hence rely on the privacy norms followed by such partners and associates, for specific purposes like enabling geographic tracking, measurement and storage of personal information, electronic medical records for delivering services like MEAS and CMS or getting the Member admitted to a hospital or getting the Member checked by a registered medical practitioner etc. for which the Company may have to share Confidential Information of the Member with such partners and associates. The Member hereby grants specific and permanent consent to the Company for sharing certain personal information of the Member including his/her medical health records and other health related data of the Member (hereinafter “Member Data”) with such partners and associates
1.3 Subject to Paragraph 1.2 above, in the event any party hereto wants to disclose any Confidential Information, it shall take prior written consent of the other party and shall make only such disclosures as allowed by the other party. However, such consent shall not be required for disclosure of any Confidential Information that is already in the public domain or required by any court of law or other authorities under any Applicable Law. In such an event the disclosing party shall intimate the other party before making such disclosure.
1.4 Notwithstanding anything stated herein, the Member and the Sponsor, jointly and severally:
1.4.1 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 and shall comply with the provisions of this Paragraph 1 in respect of such Member Data; and
1.4.2 hereby grant to the Company, express consent to disclose such Member Data as is required to be disclosed by the Company to fulfil its obligations hereunder, on a need to know basis, as the Company may at its sole discretion deem fit.