Privacy Policy
At Dataspheric ("we," "our," or "us"), we are committed to protecting your privacy and safeguarding your personal information. This Privacy Policy explains how we collect, use, disclose, and protect your information when you use our healthcare management platform, website, and related services (collectively, the "Service").
Our Commitment: Dataspheric is fully committed to compliance with GDPR, HIPAA, and other applicable data protection regulations. We treat your health information with the highest level of confidentiality.
1. Information We Collect
1.1 Personal Information You Provide
When you register for an account, use our services, or contact us, we may collect:
- Account Information: Name, email address, phone number, professional credentials, role (Doctor, Nurse, Administrator, etc.), and facility affiliation.
- Patient Health Information (PHI): Medical records, diagnoses, treatment plans, prescriptions, lab results, and other protected health information as part of our HMS platform.
- Billing Information: Payment details, billing address, and subscription information.
- Communication Data: Messages, support tickets, and feedback you provide.
1.2 Automatically Collected Information
When you access our Service, we automatically collect:
- Usage Data: IP address, browser type, device information, pages visited, time spent, and clickstream data.
- Cookies & Similar Technologies: We use cookies to enhance user experience, analyze trends, and remember preferences. See our Cookie Policy for details.
- Log Data: Server logs that record system activity and security events.
2. How We Use Your Information
We use your information for the following purposes:
- To Provide and Maintain the Service: Process registrations, authenticate users, manage healthcare records, and deliver HMS functionalities.
- To Improve Our Platform: Analyze usage patterns, fix bugs, and enhance performance and security.
- To Communicate With You: Send important notifications, security alerts, password reset links, and respond to support inquiries.
- To Ensure Security and Compliance: Detect fraud, prevent unauthorized access, maintain audit logs, and comply with legal obligations (HIPAA, GDPR, etc.).
- For Billing and Account Management: Process payments, manage subscriptions, and send invoices.
3. Legal Basis for Processing (GDPR)
For users in the European Economic Area (EEA), we process your personal data under the following legal bases:
- Contractual Necessity: Processing required to provide the Service under our Terms of Service.
- Legitimate Interests: Improving security, preventing fraud, and enhancing user experience.
- Legal Compliance: Compliance with healthcare regulations and data protection laws.
- Consent: For marketing communications and optional cookies.
4. How We Share Your Information
We do not sell your personal information. We may share your information in the following circumstances:
- Healthcare Providers: As necessary for patient care coordination and continuity of treatment.
- Service Providers: Third-party vendors who assist with hosting, cloud storage, analytics, payment processing, and customer support (all bound by strict confidentiality agreements).
- Legal Requirements: When required by law, court order, or governmental regulation (e.g., subpoenas, HIPAA compliance investigations).
- Business Transfers: In connection with a merger, acquisition, or sale of assets (with notice to affected users).
Data Confidentiality: All third-party processors sign Business Associate Agreements (BAAs) as required by HIPAA and ensure GDPR compliance.
5. Data Security
We implement industry-standard security measures to protect your information:
- Encryption: AES-256 encryption for data at rest and TLS 1.3 for data in transit.
- Access Controls: Role-based access controls (RBAC) and multi-factor authentication (MFA).
- Audit Trails: Comprehensive logging of all access to patient data.
- Regular Audits: Third-party security assessments and penetration testing.
- Data Backup: Redundant, encrypted backups with disaster recovery protocols.
6. Data Retention
We retain your personal information for as long as your account is active or as needed to provide the Service. Health records are retained in accordance with applicable medical record retention laws (typically 7-10 years). After termination, we may retain anonymized data for statistical purposes and legal compliance.
7. Your Rights and Choices
Depending on your jurisdiction, you may have the following rights regarding your personal data:
- Access: Request a copy of your personal data.
- Correction: Request correction of inaccurate or incomplete data.
- Deletion: Request deletion of your data (subject to legal retention requirements).
- Restriction: Request restriction of processing in certain circumstances.
- Portability: Request transfer of your data to another controller.
- Objection: Object to processing based on legitimate interests.
- Withdraw Consent: Withdraw consent for marketing communications at any time.
To exercise these rights, please contact us at privacy@dataspheric.org. We will respond within 30 days.
8. Children's Privacy
Our Service is not directed to individuals under 18. We do not knowingly collect personal information from minors. If you become aware that a minor has provided us with personal data, please contact us.
9. International Data Transfers
Your information may be transferred to and processed in countries other than your own. We ensure adequate safeguards (Standard Contractual Clauses) are in place for such transfers in compliance with applicable law.
10. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of material changes via email or through a prominent notice on our platform. The "Last Updated" date at the top indicates when changes were made.
11. Contact Us
If you have questions about this Privacy Policy or our data practices, please contact us:
- Email: privacy@dataspheric.org
- Address: Dataspheric Health Systems, 16 Fricker Road, Illovo, Sandton, 2196.
- Data Protection Officer: legal@dataspheric.org
Cookie Policy
This Cookie Policy explains how Dataspheric uses cookies and similar tracking technologies when you visit our website and use our healthcare management platform. By using our Service, you consent to the use of cookies as described below.
What Are Cookies?
Cookies are small text files placed on your device (computer, smartphone, tablet) when you visit a website. They help us recognize your device, remember your preferences, and improve your browsing experience.
Types of Cookies We Use
1. Strictly Necessary Cookies
These cookies are essential for the operation of our Service. They enable you to navigate the platform, authenticate securely, and access core features like dashboards, patient records, and account settings.
- Session Cookies: Maintain your login session after authentication.
- Security Cookies: Help detect malicious activity and prevent CSRF attacks.
- Load Balancer Cookies: Ensure consistent server performance.
These cookies cannot be disabled as they are necessary for platform functionality.
2. Preference Cookies (Functional)
These cookies remember your choices and preferences to enhance your experience.
- Language Preferences: Remember your selected language.
- UI Settings: Save dashboard layout preferences and theme choices.
- Recent Activity: Remember recently accessed patient records (for convenience).
3. Analytics Cookies (Performance)
We use analytics cookies to understand how users interact with our platform, which helps us improve performance and user experience.
- Google Analytics: Tracks page views, session duration, and user flow (anonymized IP addresses).
- First-party Analytics: Custom analytics to monitor system performance and error rates.
Analytics data is aggregated and does not identify individual patients or clinicians.
4. Marketing Cookies (Optional)
We may use marketing cookies to deliver relevant advertisements and measure campaign effectiveness. These are only used with your explicit consent.
- Retargeting Cookies: Show relevant ads on partner websites.
- Conversion Tracking: Measure the success of our marketing efforts.
HIPAA Compliance Note: Dataspheric ensures that no protected health information (PHI) is stored in analytics or marketing cookies. All tracking is limited to non-identifiable usage data.
Third-Party Cookies
Some cookies are placed by third-party services integrated into our platform:
- Cloudflare: Security and performance optimization.
- Stripe / Payment Processors: Secure payment processing (billing-related).
- Intercom / Support Widgets: Customer support chat functionality.
How to Manage Cookies
You can control and manage cookies in several ways:
- Browser Settings: Most browsers allow you to block or delete cookies through their settings. However, disabling strictly necessary cookies may impair platform functionality.
- Cookie Banner: When you first visit our website, you can accept or decline non-essential cookies via our cookie consent banner.
- Do Not Track: Our platform respects browser "Do Not Track" signals where applicable.
- Google Analytics Opt-out: You can install the Google Analytics Opt-out Browser Add-on.
Cookie Duration
- Session Cookies: Deleted when you close your browser.
- Persistent Cookies: Remain on your device for a set period (up to 12 months) or until manually deleted.
Changes to This Cookie Policy
We may update this Cookie Policy to reflect changes in technology or legal requirements. Any changes will be posted on this page with an updated "Last Updated" date.
Contact Us
For questions about our use of cookies, please contact us at privacy@dataspheric.org.
Terms of Service
Welcome to Dataspheric! These Terms of Service ("Terms") govern your access to and use of the Dataspheric healthcare management platform, website, and related services (collectively, the "Service"). By registering for an account or using our Service, you agree to be bound by these Terms.
Agreement: These Terms constitute a legally binding agreement between you (the "User," "Customer," or "Healthcare Professional") and Dataspheric Health Systems ("Company," "we," "us").
1. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. By using the Service, you represent that you are a licensed healthcare professional, authorized administrator, or an employee of a healthcare facility with proper authorization to access patient data.
2. Account Registration and Security
- Accurate Information: You agree to provide accurate, current, and complete registration information.
- Credential Security: You are responsible for maintaining the confidentiality of your login credentials. You agree to notify us immediately of any unauthorized access or security breach.
- Account Responsibility: You are fully responsible for all activities that occur under your account.
- Multi-Factor Authentication: You agree to enable MFA as required by our security protocols.
- Role-Based Access: Your role (Doctor, Nurse, Data Admin, Administrator) determines your permissions. You agree not to exceed your authorized access level.
3. Use of the Service
Permitted Uses
You may use the Service for lawful healthcare purposes, including:
- Managing patient health records and clinical documentation.
- Coordinating care among healthcare providers.
- Generating reports and analytics for quality improvement.
- Communicating with patients and colleagues (within HIPAA compliance).
Prohibited Uses
You agree NOT to:
- Access, modify, or delete patient data without proper authorization.
- Share your login credentials with unauthorized individuals.
- Use the Service for any unlawful purpose or in violation of HIPAA, GDPR, or other applicable regulations.
- Attempt to bypass security measures, reverse engineer the platform, or introduce malware.
- Upload false, inaccurate, or fraudulent information.
- Harvest or collect user data without consent.
- Use the Service to send spam, harass users, or disrupt operations.
4. Patient Health Information (PHI) and HIPAA Compliance
Dataspheric is committed to protecting patient health information. As a healthcare provider or facility using our Service, you are considered a "Covered Entity" under HIPAA. We act as a "Business Associate" and:
- We sign a Business Associate Agreement (BAA) with each Covered Entity.
- We implement administrative, physical, and technical safeguards to protect PHI.
- We report any security incidents or breaches as required by law.
- You are responsible for obtaining patient consent and providing required notices.
You agree to use the Service in compliance with HIPAA and all applicable privacy laws.
5. Intellectual Property
All content, features, and functionality of the Service (including software, trademarks, logos, design, and source code) are owned by Dataspheric or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal healthcare operations. You may not copy, modify, distribute, sell, or create derivative works without our express written consent.
6. Fees and Payment
Certain features of the Service may require payment of fees. All fees are non-refundable unless otherwise stated. We reserve the right to change pricing with 30 days' notice. Late payments may result in suspension of access.
Enterprise Accounts: For enterprise customers, fees are governed by your separate master services agreement. These Terms supplement that agreement.
7. Data Ownership and Licensing
- Your Data: You retain all ownership of patient data and content you upload to the Service.
- License to Use: You grant us a limited license to host, process, and display your data as necessary to provide the Service.
- Aggregated Data: We may use anonymized, aggregated data for analytics, research, and platform improvement (with all identifiers removed).
- Data Portability: You may export your data in standard formats upon request.
8. Termination and Suspension
We may terminate or suspend your access to the Service immediately, without notice, for violation of these Terms or applicable laws. Upon termination:
- Your right to use the Service ceases immediately.
- We will provide a reasonable period to export your data (typically 30 days).
- We may retain certain records as required by law or for legitimate business purposes.
You may terminate your account at any time by contacting support@dataspheric.org.
9. Service Availability and Support
We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We will provide reasonable notice for scheduled maintenance. Support is available during business hours via email and ticketing system. Enterprise customers receive priority support and SLAs as defined in their agreement.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE THE SERVICE AT YOUR OWN RISK. DATASPHERIC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Medical Disclaimer: Dataspheric is a software platform and does not provide medical advice, diagnosis, or treatment. Healthcare professionals remain solely responsible for clinical decisions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATASPHERIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR PATIENT HARM, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Dataspheric from any claims, damages, losses, or expenses arising from your violation of these Terms, misuse of the Service, or violation of applicable laws or patient privacy rights.
13. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of South Africa, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved through binding arbitration in Sandton, Johannesburg, unless the claim qualifies for small claims court.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or platform notification. Your continued use of the Service after changes constitutes acceptance of the modified Terms.
15. Miscellaneous
- Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
- Waiver: Our failure to enforce a right does not waive that right.
- Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger or acquisition.
- Entire Agreement: These Terms constitute the entire agreement between you and Dataspheric.
16. Contact Information
For questions about these Terms, please contact:
- Email: legal@dataspheric.org
- Address: Dataspheric Health Systems, 16 Fricker Road, Illovo, Sandton, 2196, South Africa
Refund Policy
At Dataspheric, we are committed to providing high-quality healthcare management solutions. This Refund Policy outlines the circumstances under which refunds may be issued for our services.
Summary: Dataspheric offers a 14-day money-back guarantee for new customers. Refunds are processed within 5-10 business days after approval.
1. General Refund Policy
All sales are final unless otherwise stated in this policy. Refunds are issued at the sole discretion of Dataspheric and only under the conditions described below.
2. 14-Day Money-Back Guarantee
New customers who purchase a monthly subscription plan are eligible for a full refund within 14 days of their initial payment if they are not satisfied with the Service. To qualify:
- The request must be made within 14 calendar days of the original purchase date.
- The account must not have violated any terms of service.
- The customer must provide a reason for the refund request (to help us improve).
- The refund applies only to the first subscription payment (not applicable to renewals).
3. Annual Subscription Refunds
For annual subscription plans, customers may request a pro-rated refund within the first 30 days of the subscription term. After 30 days, annual subscriptions are non-refundable. The pro-rated refund calculation is based on the remaining full months of the subscription term.
4. Enterprise and Custom Plans
Enterprise customers with custom pricing and service level agreements (SLAs) are governed by the refund terms specified in their individual contracts. Standard refund policies do not apply to custom enterprise agreements.
5. Situations Where Refunds Are Not Available
Refunds will not be issued in the following circumstances:
- Partial months of service for monthly subscriptions (no pro-rated refunds).
- Subscription renewals that have already been processed (including auto-renewals).
- Services that have been used for more than 50% of the billing period.
- Violation of our Terms of Service resulting in account suspension or termination.
- Refund requests submitted more than 14 days after the payment date.
- Setup fees, implementation fees, or customization fees (these are non-refundable).
- Any services provided by third-party partners or integrations.
6. How to Request a Refund
To request a refund, please contact our billing team at billing@dataspheric.org with the following information:
- Your full name and account email address.
- Invoice number or transaction ID.
- Date of purchase.
- Reason for the refund request.
- Any supporting documentation (if applicable).
Our billing team will review your request and respond within 5 business days.
7. Refund Processing Time
Approved refunds are processed within 5-10 business days. The time it takes for the refund to appear in your account depends on your bank or payment provider:
- Credit/Debit Cards: 3-5 business days
- Bank Transfers: 5-10 business days
- Digital Wallets: 1-3 business days
8. Chargebacks
If you initiate a chargeback with your bank instead of following our refund process, your access to the Service may be suspended immediately pending investigation. If the chargeback is found to be invalid, you may be liable for any fees incurred by Dataspheric related to the chargeback.
Note: Refunds are issued to the original payment method only. We cannot issue refunds to different accounts or payment methods.
9. Contact Information
For refund-related inquiries, please contact:
- Email: billing@dataspheric.org
- Subject Line: Refund Request - [Your Account Email]
Cancellation Policy
This Cancellation Policy explains how you can cancel your Dataspheric subscription and the terms that apply to cancellation. We believe in transparency and want you to have full control over your account.
Quick Guide: You can cancel your subscription at any time through your account dashboard or by contacting support. No hidden fees, no long-term contracts.
1. How to Cancel Your Subscription
You may cancel your Dataspheric subscription at any time using one of the following methods:
- Via Account Dashboard: Log in to your account, navigate to Settings ? Billing ? Cancel Subscription, and follow the prompts.
- Via Email: Send a cancellation request to support@dataspheric.org with your account email address and the subject line "Subscription Cancellation Request".
- Via Support Ticket: Submit a ticket through our support portal requesting account cancellation.
2. Cancellation Effective Date
Cancellations take effect at the end of your current billing period. You will not receive a refund for the current billing period, but you will retain full access to the Service until the end of that period.
- Monthly Subscriptions: Cancellation will stop future renewals. Access continues until the end of the current month.
- Annual Subscriptions: Cancellation will stop future renewals. Access continues until the end of the current annual term.
3. Immediate Cancellation
In certain circumstances, you may request immediate cancellation. Immediate cancellation results in:
- Immediate loss of access to the Service.
- No refund for the remaining unused portion of your billing period.
- Data export available for 30 days (see Section 6).
Immediate cancellation requests must be submitted in writing to support@dataspheric.org with the reason for immediate cancellation.
4. Auto-Renewal Cancellation
To prevent auto-renewal charges, you must cancel your subscription at least 3 business days before the next billing date. If you cancel after this window, the next billing cycle may already have been processed, and you will be responsible for that payment.
Important: Canceling your subscription does not automatically delete your data. You must request data deletion separately if desired.
5. Cancellation by Dataspheric
We reserve the right to suspend or terminate your account for the following reasons:
- Violation of our Terms of Service.
- Failure to pay outstanding invoices after 30 days written notice.
- Fraudulent or illegal activity associated with your account.
- Extended inactivity (no login for 12+ months for free accounts).
In such cases, we will provide notice via email before termination, unless prohibited by law or the violation is egregious.
6. Data After Cancellation
Upon cancellation, your data will be handled as follows:
- Paid Accounts: Data is retained for 90 days after cancellation, during which you may request data export or reactivation.
- Free Trial Accounts: Data is retained for 30 days after cancellation or trial expiration.
- After Retention Period: All data is permanently deleted and cannot be recovered.
- Data Export Request: You may request a full export of your data before or within 30 days of cancellation by contacting support@dataspheric.org.
7. Reactivation After Cancellation
If you change your mind after canceling:
- Within 30 days: You can reactivate your account by contacting support. Your data and settings will be restored.
- After 30 days: Your account will be permanently deleted. You will need to create a new account and start fresh.
Reactivation may require payment of any outstanding balances.
8. Unpaid Balances
Cancellation does not absolve you of responsibility for unpaid fees accrued before the cancellation date. Any outstanding balances must be paid within 30 days of cancellation. Failure to pay may result in referral to a collections agency.
9. Partial Cancellations
If you have multiple subscriptions or services under your account (e.g., separate facilities or departments), you may cancel individual subscriptions without canceling the entire account. Partial cancellations follow the same terms as full cancellations.
10. Confirmation of Cancellation
After submitting a cancellation request:
- You will receive a confirmation email within 24 hours.
- If you do not receive confirmation, please contact support to verify your cancellation was processed.
- Keep the confirmation for your records.
Questions? If you have any questions about canceling your subscription or need assistance, please contact our support team at support@dataspheric.org.
11. Contact Information
For cancellation requests or inquiries:
- Email: support@dataspheric.org
- Cancellation Subject Line: Cancellation Request - [Your Account Email]
- Billing Questions: billing@dataspheric.org