Pixeon + Health – Terms and Privacy Policy

Pixeon + HEALTH TERMS OF USE

Last Updated: March 15, 2022

It is important for you to know that Pixeon + health uses software developed and managed by BoaConsulta (G2D Serviços Tecnológicos S.A.), a company of the Pixeon Medical Systems S.A. Software Development and Trade Group. All rights reserved.

Pixeon + HEALTH TERMS OF USE

These terms of use aim to define the rules to be followed for the use of Pixeon + health (“Terms of Use”), without prejudice to the application of current legislation.

BY USING PIXEON + HEALTH, YOU AUTOMATICALLY AGREE TO THESE TERMS OF USE, BEING FULLY RESPONSIBLE FOR ANY AND ALL ACTS PERFORMED BY YOU IN PIXEON + HEALTH OR IN SERVICES RELATED TO IT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU SHOULD NOT USE PIXEON + HEALTH. YOU ALSO AGREE TO THE TERMS DESCRIBED IN OUR PRIVACY POLICY.

If you would like to give us any feedback about Pixeon + health, have questions or need to address any matter related to these Terms of Use, please contact us via email at [email protected].

1. WHAT IS Pixeon + HEALTH?

1. Services. Pixeon + Health is an online platform that offers appointment scheduling services and other health procedures with + Health.

2. Confirming an appointment constitutes a commitment between you and the Healthcare Institution where the appointment was made. The Healthcare Institution is fully and exclusively responsible for all care provided to you and/or the patient. Pixeon + Health cannot be held liable in any way for the services provided by the Healthcare Institution.

3. Suspension. Pixeon + Health reserves the right to suspend or cancel, at any time, your access to the application in case of suspected fraud, obtaining of an illicit benefit or advantage, or for failure to comply with any conditions set forth in these Terms of Use, the Privacy Policy or applicable legislation. In such cases, no compensation will be due to you, and Pixeon + Health may promote the appropriate recourse action, if necessary, as well as take any other measures necessary to pursue and protect its interests.

2. HOW DO I ACCESS PIXEON + HEALTH?

1. Access. To access Pixeon + Health and use its features, you must register. To register, you will provide us with personal information, as described in our Privacy Policy. To learn more about the privacy of your personal information on Pixeon + Health, access our Privacy Policy.

1. Failure to provide information and/or documents indicated as mandatory on the Platform will result in the impossibility of registration and, consequently, of using the Platform.

2. When registering, you must also express your knowledge of and agreement with the provisions of these Terms.

3. If you do not agree with any of the provisions of the Terms or any other policy made available by Pixeon + Health, you must interrupt the registration or registration validation procedure, choosing not to use the Platform.

2. Age of Use. To use Pixeon + Health, you must be at least 18 (eighteen) years old.

3. Ownership. From the moment you register, you will be the owner of an account that can only be accessed by you. If Pixeon + Health detects an account created using false information, by users who, for example, are not of the minimum age allowed, this account will be automatically deleted.

4. Updating Information. From now on, you agree to keep your personal information up to date. You also agree that you will keep your login and password safe and out of reach of third parties, and will not allow your Pixeon + Health account to be used by other people. Therefore, the user is responsible for all actions performed on his/her account.

5. Pixeon + Health reaffirms that it has NO connection with the Health Institution, so that it has no responsibility, nor does it guarantee, under any circumstances, the products or services provided by the Health Institution.

3. WHAT ARE PIXEON + HEALTH’S RIGHTS OVER THE APPLICATION?

1. Our Rights. All rights relating to Pixeon + Health and its functionalities are the exclusive property of BoaConsulta (G2D Serviços Tecnológicos S.A.), a company of the Pixeon Medical Systems S.A. Comércio e Desenvolvimento de Software group, including with regard to its texts, images, layouts, software, codes, databases, graphics, articles, photographs and other content produced directly or indirectly by Pixeon + Health (“+ Health Content”). Pixeon + Health Content is protected by copyright and intellectual property law. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or exploit and reverse engineer the Pixeon + Health Content for any purpose without the prior and express consent of Pixeon + Health. Any unauthorized use of the Pixeon + Health Content will be considered a violation of Pixeon + Health ‘s copyright and intellectual property rights.

4. INTELLECTUAL PROPERTY OVER THE SOFTWARE AND MATERIALS MADE AVAILABLE

1. Intellectual Property. For us at Pixeon + Health, the quality of the materials made available to the user is of utmost importance. Their creation is the result of a lot of work and dedication by our developers. Therefore, we reaffirm that Pixeon + Health guarantees that all rights, title and interest (including, but not limited to, copyrights, trademarks and other intellectual property rights) over the service made available by us will remain under the ownership of Pixeon + Health.

1. The elements and/or tools found on the Platforms are either owned by or licensed to Pixeon + Health, subject to intellectual rights in accordance with Brazilian laws and international treaties and conventions to which Brazil is a signatory. By way of example only, the following are understood as such: texts, software, scripts, graphic images, photos, sounds, music, videos, interactive resources and similar, brands, service marks, logos and “look and feel”.

2. No acquisition of Rights. The user will not acquire any property rights over the services and content of Pixeon + Health, except when expressly granted in these Terms of Use.

5. COMPLAINTS ABOUT COPYRIGHT INFRINGEMENT

1. Infringement of Rights. Allegations of copyright infringement of any content available on Pixeon + Health should be sent by email to [email protected].

6. RESPONSIBILITIES OF THE USER AND PIXEON + HEALTH

1. Responsibilities for Use. The User is solely and exclusively responsible for his/her use of the Platform and for the information he/she provides, and shall be liable, in accordance with the law, for any damages that may be caused to Pixeon + Health, users or any third parties. Particularly with regard to the information provided, the User must take care to keep it updated at all times, and is responsible for the veracity, integrity and accuracy of the data provided, including information regarding availability for consultations. The User shall be solely and exclusively responsible for any liability for any losses, damages or expenses that may result from outdated or inaccurate information.

2. Responsibilities for Any Damages. Pixeon + Health, its controller, its affiliates, partners or employees shall not, under any circumstances, be held liable for direct or indirect damages resulting from, or related to, access, use or inability to access or use Pixeon + Health.

3. The User acknowledges that the Healthcare Institution is solely and exclusively responsible for all burdens and responsibilities arising from the quality of the services provided and for maintaining confidentiality, and declares to be aware and in agreement that it will be solely up to the Healthcare Institution: (i) to maintain the confidentiality of the personal data of users to which it has access and to use the personal data of users and/or their patients for the appropriate purposes, as permitted in these Terms and in accordance with the privacy measures and the General Personal Data Protection Law, as well as the current rules and Codes of Ethics applicable to its area of ​​activity; (ii) to have a valid and unrestricted license for all jurisdictions to practice his or her profession and provide specialized services, according to the area of ​​activity (medicine, dentistry, psychology, physiotherapy, nutrition or any other relevant practice); (iii) to be a member in good standing with appropriate clinical practices in the healthcare team of any hospitals, services or clinics in which he or she reports; (iv) to be certified in the declared area of ​​specialty; (v) be aware of and respect the Code of Ethics applicable to their area of ​​expertise, as applicable, and all pertinent resolutions, in accordance with the current rules of the respective Professional Councils; and (vi) treat all users and/or patients who present themselves for treatment without distinction of race, religion, sex, sexual orientation, disability, or other illegal and/or ethically incorrect considerations.

4. Non-Liability. Given the inherent characteristics of the internet environment, Pixeon + Health is not responsible for interruptions or suspensions of connection, incomplete or failed computer transmissions, as well as technical failure of any kind, including, but not limited to, the electronic malfunction of any network, hardware or software. The unavailability of access to the internet or Pixeon + Health, as well as any incorrect or incomplete information about Pixeon + Health and any human, technical or other type of failure in the processing of Pixeon + Health information will not be considered the responsibility of Pixeon + Health. Pixeon + health is exempt from any responsibility arising from such facts and/or acts.

5. Loss of Profits. When permitted by law, Pixeon + Health and its suppliers or distributors shall not be liable for lost profits, lost revenue, lost data, financial losses or indirect, special, consequential, exemplary or punitive damages.

6. Maintenance. It is your sole responsibility to keep your device (computer, cell phone, tablet, among others) safe, using available tools, such as antivirus, firewall, among others, in order to help prevent electronic risks.

7. External Links. Pixeon + Health may contain links to third-party websites and applications, as well as have integrated technologies. This does not imply, in any way, that Pixeon + Health endorses, verifies, guarantees or has any connection with the owners of these websites or applications, and is not responsible for their content, accuracy, policies, practices or opinions. Pixeon + Health recommends that you read the terms of use and privacy policies of each third-party website or service that you visit or use.

7. WHAT ELSE DO I NEED TO KNOW ABOUT THESE TERMS OF USE?

1. Changes. To improve your experience, Pixeon + health is always being updated. For this reason, these Terms of Use may be changed at any time to reflect the adjustments made. However, whenever any modification occurs, you will be previously informed by the email address provided by you at the time of registration or by a prominent notice in the application. If you do not agree with the new Terms of Use, you may reject them, but unfortunately, this means that you will no longer be able to access and use Pixeon + health. If you still use Pixeon + health even after these Terms of Use have been changed, this means that you agree to all modifications.

2. Conflict between Provisions. In the event of a conflict between these terms and the amended terms, the later terms will prevail with respect to such conflict.

3. Law and Jurisdiction. These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any doubts and situations not covered by these Terms of Use will be resolved first by Pixeon + Health and, if they persist, they must be resolved by the Court of the District of São Caetano do Sul, São Paulo, to the exclusion of any other, no matter how privileged it may be or may become.

4. Questions. If you have any questions, comments or suggestions, please contact us by email at [email protected]. /

PIXEON + HEALTH PRIVACY POLICY

In this sense, this Privacy Policy (“Policy”) explains in a clear and accessible manner how your information and data will be collected, used, shared and stored through our systems.

Acceptance of our Policy will be made when you access or use the Pixeon + Health website, application or services. This will indicate that you are aware of and in full agreement with how we will use your information and data.

This Policy is divided as follows to make it easier for you to understand:

1. What information Pixeon + health collects
2. How Pixeon + health uses the information collected
3. How, when and with whom Pixeon + health shares your information
4. Where the information is stored
5. What rights you have over the information we collect
6. How Pixeon + health protects your information
7. Updates to this privacy policy
8. Applicable law

This document should be read in conjunction with our Terms of Use (xxxxx), which contains an overview of our platform. If you have questions or need to address any matter related to this Policy, please contact us via email at [email protected].

1. INFORMATION WE COLLECT

We collect the following types of information:

1. Information you provide to us.

This includes:

• Registration data. When you register with Pixeon + health, you provide us with information such as name, gender, CPF, date of birth, email, telephone number and health insurance information, and you can include any information you wish in the additional information field. In cases where you provide personal data and/or sensitive personal data of patients who are third parties (i.e., you are not scheduling appointments for yourself), you expressly declare, by accepting this Policy, that you have and hold all authorizations, licenses, permissions, concessions, consents, rights and guarantees that are legally necessary for the purpose of authorizing us to process such data.
• Sensitive data. During your use of Pixeon + health, you may provide us with health-related data depending on the appointment made. Your sensitive data will be used to enable the use of the tool that allows you to schedule appointments and health procedures. Through this Policy, you expressly agree to the collection, use and sharing of this data, under the terms established herein.
• Personal Data of Children. Among the information collected by Pixeon + health, the following data is collected from children: name, date of birth and health insurance details. This data will be used to enable the scheduling of appointments and/or health procedures. As we at Pixeon + health value the protection of these children’s data even more, we require specific and prominent consent from at least one of their parents or legal guardians. Such consent is guaranteed by a mandatory checkbox to be marked by the person responsible for scheduling, and documents proving said situation may also be required.

2. Information generated when you use our services.

We collect the following information:

• Access logs. Pixeon + health automatically collects application access logs, which include the IP address, with date and time, used to access Pixeon + health. This data is mandatory to collect, according to Law No. 12,965/2014, but will only be provided to third parties with your express authorization or by means of a court order.
• Usage data. We collect information about your interactions on Pixeon + health, such as your browsing, the pages or other content you access or create, your searches, participation in surveys or forums and other actions.
• Location data from the connected device. We collect location data, which is collected through your equipment or connected device, if you authorize it. Your authorization to share your location may be revoked at any time. However, this may disable some of the platform’s functionalities.
• Equipment characteristics. Like most applications, in order to function, Pixeon + health automatically collects data about the characteristics of your device, including your operating system, its version, hardware information, language, internet signal and battery.
• Communications with Pixeon + health. When you communicate with Pixeon + health, we collect information about your communication, including metadata such as the date, IP and time of the communications and all their content, as well as any information you choose to provide.
• Cookies and similar technologies. We use cookies, which are text files generated and stored in your browser or device by websites, applications and online advertisements. Cookies may be used for the following purposes: user authentication, remembering user preferences and settings.

2. HOW WE USE YOUR INFORMATION

It is worth remembering that we value your privacy very much. Therefore, all data and information about you are treated as confidential, and we will only use them for the purposes described herein and authorized by you, mainly so that you can use Pixeon + health in full, always aiming to improve your experience as a user.

1. Authorized uses

In this way, we may use your data to:

• Allow you to access and use all Pixeon + health features;
• Send you messages regarding support or service, such as alerts, notifications and updates;
• Analyze user traffic in our applications;
• Create new services, products and features;
• Verify or authenticate the information provided by you, including comparing it to data collected from other sources;
• Better understand user behavior and build behavioral profiles;
• For any purpose that you authorize at the time of data collection;
• Comply with legal obligations.

We may occasionally use data for purposes not covered by this privacy policy, but these will be within your legitimate expectations. Any use of your data for purposes that do not comply with this prerogative will be done with your prior authorization.

2. Data anonymization

All data collected will be anonymized from our servers when you request its deletion, through a free and easy procedure, or when it is no longer necessary or relevant to provide you with our services, unless there is any other reason for its maintenance, such as a possible legal obligation to retain data or the need to preserve it to protect the rights of Pixeon + health.

In this case, you will no longer be able to use Pixeon + health through your registration.

3. User suspension

Pixeon + health reserves the right to suspend the access of a given user, regardless of the type, if this Policy or the Terms of Use are not respected. As we value good relationships with users, we recognize that they have the right to seek to understand the reasons and even contest them, which can be done by sending an email to: [email protected].

3. SHARING INFORMATION

Pixeon + Health may share the information it collects, including your sensitive data, with the Healthcare Institution where you scheduled your appointment and/or other healthcare procedures. The information will be shared anonymously, whenever possible, in order to preserve your privacy. By means of this document, you expressly authorize such sharing.

All data, information and content about you may be considered assets in the event of negotiations in which Pixeon + Health is a party. Therefore, we reserve the right, for example, to include your data among the company’s assets if it is sold, acquired or merged with another company. Through this Policy, you agree and are aware of this possibility.

Pixeon + Health reserves the right to provide your data and information about you, including your interactions, if required by law to do so, an act necessary for the company to comply with national laws, or if you expressly authorize it.

4. STORAGE OF PERSONAL DATA AND/OR SENSITIVE PERSONAL DATA

The information collected will be stored in a secure environment on servers preferably located in Brazil, using security policies and technologies such as encryption, access controls and specific security certifications, and may only be accessed by qualified and authorized individuals from Pixeon + Health.

It is worth noting that, even with reasonable administrative, physical and electronic security measures in place to protect the information collected against loss or misuse, due to the very nature of the Internet, no data transmission in this medium can be considered absolutely inviolable by third parties acting illegally and beyond the control established by Pixeon + Health.

You declare that you are aware of the possibility of storing data abroad, to which you declare that you agree. In the event of storage outside of Brazilian territory, there will be an international transfer of data, but only for the purpose of storing the information.

5. RIGHTS OF THE HOLDERS

You may always choose not to disclose your data to us, but keep in mind that some of this data may be necessary to use the features of our applications. Regardless, you will always have rights regarding privacy and the protection of your personal data.

Therefore, below we summarize all the rights you have under Brazilian sectoral laws regarding data protection and the General Data Protection Law (“LGPD”), which are:

1. Right of access. This right allows you to request and receive a copy of the personal data we hold about you.

2. Right of rectification. This right allows you, at any time, to request the correction and/or rectification of your personal data, if you identify that some of it is incorrect. However, in order for this correction to be effective, we will have to check the validity of the data you provide to us. You can directly rectify some of your personal data by emailing [email protected].

3. Right of deletion. This right allows you to request that we delete the personal data we hold about you. All data collected will be anonymized from our servers when you request its deletion or when it is no longer necessary or relevant to provide you with our services, unless there is any other reason for its retention, such as a possible legal obligation to retain data or the need to preserve it to protect the rights of Pixeon + Health. To change your personal information or request its deletion from our database, simply send an email to [email protected].

4. Right to object to processing. You also have the right to object to where and in what context we are processing your personal data for different purposes. In certain situations, we may demonstrate that we have legitimate grounds to process your data, which override your rights, if, for example, it is essential for the provision of our applications.

5. Right to request anonymization, blocking or deletion. This right allows you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the accuracy of the data; (b) where you need us to keep the data even if we no longer need it, as necessary to establish, exercise or defend legal claims; or (c) if you have objected to our use of your data but in this case we need to verify whether we have compelling legitimate grounds to use it.

6. Right to portability. We will provide you, or a third party you have chosen, with your personal data in a structured and interoperable format.

7. Right to withdraw your consent. You have the right to withdraw your consent to the terms of this Privacy Policy. However, this will not affect the lawfulness of any processing carried out previously. If you withdraw your consent, we may not be able to provide you with certain services.

8. Right to review automated decisions. You also have the right to request a review of decisions taken solely based on automated processing of your personal data that affect your interests, including decisions aimed at defining personal, professional, consumer and credit profiles and/or aspects of your personality.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you for further information in relation to your request in order to speed up our response. We aim to respond to all legitimate requests within 5 business days. Occasionally it may take us longer than 5 days if your request is particularly complex or you have made a number of requests. In this case, we will communicate with you and keep you updated on the progress of your request.

If you have any questions about these matters and how you can exercise these rights, please feel free to contact us at [email protected].

6. INFORMATION SECURITY

All your data is confidential and only people with the appropriate authorizations will have access to it. Any use of this data will be in accordance with this Policy. Pixeon + Health will make all reasonable market efforts to ensure the security of our systems and your data. Our servers are located in different locations to ensure stability and security, and can only be accessed through previously authorized communication channels.

All your information, especially sensitive data, will be encrypted whenever possible, if this does not prevent its use by the platform. You may request a copy of your data stored in our systems at any time. We will keep the data and information only for as long as they are necessary or relevant for the purposes described in this Policy, or in the case of periods predetermined by law, or for as long as they are necessary to maintain Pixeon + Health ‘s legitimate interests.

Pixeon + Health considers your privacy extremely important and will do everything in its power to protect it. However, we cannot guarantee that all data and information about you on our platform will be free from unauthorized access, especially if there is improper sharing of the credentials required to access our application. Therefore, you are solely responsible for keeping your access password in a safe place and sharing it with third parties is prohibited. You undertake to notify Pixeon + Health immediately, through a secure means, of any unauthorized use of your account, as well as unauthorized access by third parties to it.

7. PRIVACY POLICY UPDATES

Pixeon + Health reserves the right to change this Policy as often as necessary, in order to provide you with more security, convenience, and to continually improve your experience. That is why it is very important to access our Policy periodically. To make things easier, we indicate the date of the last update at the beginning of the document. If any relevant changes are made that require new authorizations from you, we will publish a new privacy policy, subject to your consent once again.

8. APPLIABLE LAW

This document is governed by and must be interpreted in accordance with the laws of the Federative Republic of Brazil. The Court of the District of São Caetano do Sul, São Paulo, is elected as the competent court to settle any issues that may arise from this document, with express waiver of any other court, however privileged it may be.