Privacy Policy for Urban Tech For Hope Ltd.

1. Main Privacy Policy Sections.

Urban Tech For Hope Ltd. (“UTFH”) is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information when you use the M-Kliniki telemedicine platform (“Platform”).

I. Information We Collect

We may collect the following types of personal information:

  • Personal Information: Name, email address, phone number, date of birth, and other contact information.
  • Health Information: Medical history, symptoms, diagnoses, and treatment plans.
  • Payment Information: Credit/debit card information, bank account details, and billing address.
  • Usage Data: Information about how you interact with the Platform, such as your IP address, browser type, and device information.

II. How We Use Your Information

We use your personal information for the following purposes:

  • Providing Healthcare Services: Facilitating virtual consultations, processing payments, and scheduling appointments.
  • Improving Our Services: Analyzing usage data to enhance user experience and platform functionality.
  • Communicating with You: Sending notifications, reminders, and important updates.
  • Compliance with Laws: Adhering to relevant laws and regulations, including the Kenyan Data Protection Act, 2019, and the Constitution of Kenya, particularly Article 31 on the right to privacy.

III. Data Sharing and Disclosure

We may share your personal information with third parties under the following circumstances:

  • Healthcare Providers: We may share your health information with healthcare providers involved in your care.
  • Pharmacies: We may share your prescription information with pharmacies to fulfill medication orders.
  • Service Providers: We may share your information with trusted third-party service providers to help us deliver our services.
  • Legal Requirements: We may disclose your information to comply with legal obligations or to protect our rights.

IV. Data Security

We implement robust security measures to protect your personal information from unauthorized access, use, or disclosure. These measures include:

  • Encryption: We use encryption technologies to protect sensitive data.
  • Access Controls: We limit access to personal information to authorized personnel.
  • Regular Security Audits: We conduct regular security assessments to identify and address potential vulnerabilities.

V. Your Rights

As enshrined in Article 31 of the Constitution of Kenya and the Data Protection Act, 2019, you have the right to:

  • Access your personal information.
  • Correct any inaccuracies in your personal information.
  • Request the deletion of your personal information.
  • Withdraw your consent to data processing.  

VI. Data from Public Sources

Please note that part of the information available on the M-Kliniki platform is sourced from trusted Google sites and other publicly available resources. If you wish to have any of your information obtained from these sources removed from the M-Kliniki platform, you can request this by emailing us at info@urbantechforhope.com

2. Terms and Conditions for UTFH Engagement with Healthcare Service

Providers (“HCPs”), Pharmacies, Patients, and Riders

i.  Introduction

These Terms and Conditions govern the use of the M-Kliniki telemedicine platform (“Platform”) provided by Urban Tech for Hope Ltd. (“UTFH”) and the relationship between UTFH, Healthcare Service Providers (“HCPs”), and Patients (“Users”). By accessing or using the Platform, all parties agree to be bound by these Terms and Conditions.

ii. Data Protection and Privacy

UTFH is committed to protecting the privacy and security of all User and HCP data. The Platform complies with the Kenyan Data Protection Act, 2019, and all other applicable data protection laws and regulations.

  • Data Collection and Use: UTFH collects and processes User and HCP data for the purpose of providing and improving the Platform Services, facilitating virtual consultations, and ensuring compliance with legal and regulatory requirements.
  • Data Security: UTFH implements appropriate technical and organizational measures to protect User and HCP data against unauthorized access, disclosure, alteration, or destruction.
  • Data Sharing: UTFH may share User and HCP data with third-party service providers who assist in providing the Platform Services, but only to the extent necessary and under strict confidentiality obligations.
  • User Consent: UTFH obtains explicit consent from Users before collecting and processing their personal data. Users have the right to access, rectify, or erase their personal data at any time.

iii. Telemedicine Services

  • Nature of Services: The Platform facilitates virtual consultations between Users and HCPs. These consultations may include medical history assessments, diagnosis, treatment recommendations, and referrals for physical tests or treatments.
  • Limitations: Telemedicine services are not a substitute for in-person medical care in all cases. Users should seek immediate in-person medical attention in case of emergencies or urgent health conditions.
  • HCP Responsibilities: HCPs are solely responsible for the quality and appropriateness of the healthcare services they provide through the Platform. They must adhere to professional standards and ethical guidelines at all times.

iv. Payment and Fees

  • Consultation Fees: Users are responsible for paying the consultation fees charged by HCPs. The fees are displayed on the Platform and are subject to change at the discretion of the HCPs.
  • Payment Processing: UTFH facilitates payment processing through various digital channels, including MPESA, debit/credit cards, and bank transfers. UTFH may charge a processing fee for certain payment methods.
  • Refunds: Refunds for consultation fees are subject to the policies of the respective HCPs. UTFH is not responsible for processing refunds.

v. Intellectual Property

The Platform and all its content, including software, trademarks, and logos, are the exclusive property of UTFH or its licensors. Users and HCPs are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes.

vi. Disclaimer of Warranties

The Platform and its services are provided “as is” without any warranties of any kind, express or implied. UTFH does not warrant that the Platform will be uninterrupted or error-free, or that it will meet any particular requirements or expectations.

vii. Limitation of Liability

UTFH shall not be liable for any damages arising from the use of the Platform or its services, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

viii. Indemnification

Users and HCPs agree to indemnify and hold UTFH harmless from any claims, losses, or damages arising from their use of the Platform or their breach of these Terms and Conditions.

ix. Termination

UTFH may terminate this Agreement or suspend access to the Platform at any time for any reason, including but not limited to breach of these Terms and Conditions or misuse of the Platform.

x. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the Kenyan courts.

xi. Amendments

UTFH may amend these Terms and Conditions at any time by posting the revised version on the Platform. Users and HCPs are responsible for reviewing the Terms and Conditions periodically for any changes.

xii. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

xiii. Contact Information

If you have any questions or concerns regarding these Terms and Conditions, please contact UTFH.

Annex 1 – Data Protection Compliance

Urban Tech for Hope Ltd. is committed to complying with the Kenyan Data Protection Act, 2019 through the following measures:

1. Data Collection and Processing:

  • Personal data will be collected for specific, legitimate purposes and processed lawfully.
  • Users will be informed about data collection purposes at the point of collection.

2. Technical Measures:

  • Encryption: Advanced encryption techniques will be utilized to protect sensitive patient data both at rest and in transit.
  • Data Deletion Protocols: Procedures will be established for timely deletion of personal data once it has served its intended purpose.

3. User Consent Management:

  • Clear procedures will be implemented for obtaining user consent prior to data collection.
  • Users will receive documentation regarding their rights under the Data Protection Act, including access and withdrawal of consent.

4. Compliance with Article 31 of the Constitution of Kenya:

  • Acknowledgment of the right to privacy as enshrined in Article 31, ensuring all data handling practices uphold this right.

Annex 2 – Payment Processing Procedures

The payment processing procedures for consultations conducted through the M-Kliniki platform are as follows:

1. Payment Gateways:

  • Payments can be processed through various gateways, including:
    •  Bank PayBill
    • Debit/Credit Cards
    • M-PESA PayBill

2. Disbursement Process:

  • Funds collected from consultation fees will be disbursed monthly to HCPs’ bank accounts via NCBA Bank after deducting applicable fees.
  • HCPs must complete the Urban Tech for Hope Provider Bank Details Form to facilitate timely payments.

Annex 3 – Consultation Fee Structure

The pricing model for consultations is detailed as follows:

1. First Visit:

  • Patients will be charged based on current market consultation prices set by HCP.

2. Subsequent Visits:

  • A discount of 10% will apply from the second visit onward.

3. Tenth Visit:

  • After ten visits, consultation prices will remain at 10% of the original fee for all future consultations on the platform.

Annex 4 – Telemedicine Services Offered

The telemedicine services provided through the M-Kliniki platform include:

1. Initial Consultations:

  • Patients can provide their medical history during initial assessments.

2. Follow-up Services:

  • Follow-up consultations may include referrals to physical healthcare facilities for further screening or tests, which may incur additional charges not covered by the consultation fee.

3. Limitations and Exclusions:

  • Certain services may not be available through telemedicine, such as invasive procedures or emergency care.

Annex 5 – Confidentiality Agreement

The confidentiality obligations are outlined as follows:

1. Confidential Information:

  • All information exchanged between Parties that is marked as confidential or is inherently confidential must be treated as such.

2. Obligations of Parties:

  • Parties agree not to disclose any confidential information to third parties without prior written consent from the disclosing Party.
  • Confidentiality obligations shall survive termination of this Agreement.

3. Exceptions:

  • Disclosure may be permitted if required by law or regulation, provided that prior notice is given to the other Party when feasible.

Annex 6 – Dispute Resolution Process

The process for handling disputes arising from this Agreement is as follows:

1. Arbitration Procedures:

  • Any dispute arising out of or in connection with this Agreement shall be referred to arbitration in accordance with the Arbitration Act of Kenya.

2. Notice of Dispute:

  • The aggrieved Party must provide written notice detailing the nature of the dispute before initiating arbitration proceedings.

3. Arbitrator Selection:

  • The Parties shall mutually agree on a single arbitrator or refer to an arbitration institution if they cannot reach an agreement.

Annex 7 – Governing Law Details

This Agreement shall be governed by and construed in accordance with Kenyan law, ensuring compliance with local regulations, including but not limited to:

  1.  Kenyan Constitution, Article 31: This article guarantees the right to privacy, stating that every person has the right to privacy of their communication, information, and personal data. This foundational principle underpins all data protection regulations in Kenya.
  2. Data Protection Act, 2019: This Act provides a framework for the protection of personal data in Kenya. It emphasizes key principles such as:
    • Transparency: Organizations must inform individuals about the collection and use of their personal data.
    • Lawful Processing: Personal data must be processed lawfully, fairly, and transparently.
    • Data Minimization: Only data necessary for the intended purpose should be collected and processed.
  1. Health Act, 2017: This legislation governs health services in Kenya and includes provisions for the confidentiality of patient information and the ethical delivery of healthcare services.
  2. Telemedicine Guidelines by the Kenya Medical Practitioners and Dentists Council (KMPDC): These guidelines provide specific regulations governing telemedicine practices, ensuring that healthcare providers maintain professional standards while delivering services remotely.
  3. Electronic Transactions Act, 2016: This Act facilitates electronic transactions and provides for the legal recognition of electronic signatures and records, which is crucial for telemedicine services that rely on digital communication.
  4. Consumer Protection Act, 2012: This Act protects consumers' rights in transactions, including those conducted through telemedicine platforms, ensuring fair treatment and transparency in service delivery.

Annex 8 – Prohibition of Bribery and Adherence to Legal Requirements

All parties involved in the M-Kliniki platform, including but not limited to, M-Kliniki, healthcare providers, pharmacies, and riders, shall conduct themselves in an ethical and transparent manner, adhering to all applicable Kenyan laws, including but not limited to the Bribery Act, 2016 and the Anti-Corruption and Economic Crimes Act, 2003. Any act of corruption, bribery, or fraudulent activity will be subject to legal action and may result in termination of services and other appropriate penalties.

M-Kliniki Rider Services

Platform Services Expansion:

UTFH provides additional services through M-Kliniki Riders to support and enhance healthcare service delivery. Riders are integral to the Platform’s ecosystem, facilitating medical supply delivery, and support services.

Rider Responsibilities

a) Medical Supply Delivery

  • Ensure prompt and secure delivery of medical supplies, medications, and diagnostic test results to patients’ designated addresses
  • Maintain the integrity and confidentiality of medical packages
  • Follow strict protocols for handling and transporting medical items

b) Compliance and Professional Conduct

  • Adhere to all M-Kliniki guidelines, protocols, and professional standards
  • Protect patient privacy and confidentiality
  • Maintain required insurance and vehicle certifications

Payment and Incentive Structure

a) Compensation

  • Riders receive a base rate for each delivery or patient transportation service
  • Performance-based incentives are provided for exceptional service
  • Referral bonuses of 10% of biweekly income for successfully referring other riders, pharmacies, or healthcare providers to the platform

Platform Access

  • Riders will be granted limited access to the M-Kliniki platform i.e., joining and service delivery related factions
  • Real-time communication tools will be provided to coordinate assignments
  • Comprehensive training and support will be offered to ensure effective service delivery

Liability and Insurance

a) Rider Responsibilities

  • Maintain adequate personal vehicle and liability insurance
  • Comply with local transportation and healthcare service regulations

b) UTFH Liability Coverage

  • UTFH will provide supplemental liability insurance for specific platform-related services

Performance Monitoring

  • Rider performance will be regularly evaluated based on:
    • Delivery timeliness
    • Package handling
    • Patient interaction and care
    • Compliance with platform guidelines

Termination of Rider Services

UTFH reserves the right to terminate a Rider’s access to the platform for:

  • Repeated violations of platform guidelines
  • Compromising patient safety or confidentiality
  • Fraudulent activities
  • Consistent poor performance

Changes to This Privacy Policy

We reserve the right to update this Privacy Policy at any time. We will notify you of any significant changes.

Contact Us

If you have any questions or concerns about this Privacy Policy, please visit the Contact Us page.

By using the M-Kliniki platform, you consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy.