TERMS OF USE OF THE FLUXMED PLATFORM AND PROTECTION OF PERSONAL DATA (“Term”)

1. INTRODUCTION
1.1. This Term is offered by FLUXMED – PLATAFORMA PARA SERVICOS DIGITAIS DE SAUDE LTDA, a technology company headquartered in Brasília/DF, registered with CNPJ nº 57.877.539/0001-40 which, from now on, will be referred to as “Fluxmed” or, simply “we”.
1.2. “Fluxmed” is a platform for developing digital health services, in constant technological evolution, including and making new features available frequently. This implies constant updating of this Term, which will always be available on the Platform for reading, updating and understanding by the user of the Fluxmed Platform, that is, YOU (or your legal representative).
1.3. YOU (or your legal representative), a Fluxmed user, are a patient of the healthcare establishment that has contracted the Fluxmed Platform to provide YOU with a healthcare service. YOU are also a holder of personal data, a consumer who, through this Term, expresses your free, informed and unequivocal will and accepts the conditions for using Fluxmed through the Application or the web.

2. PURPOSE AND ACCEPTANCE
2.1. The PURPOSE of this Term is to comply with the duty to inform YOU about the indications and limitations of use, the purposes, the service channel for technical queries, your rights and obligations related to the use of Fluxmed.
2.2. Furthermore, through this Term we wish to demonstrate our commitment to the General Law for the Protection of Personal Data (Law No. 13,709/2018 – “LGPD”) and reinforce our duty to transparency and accountability by describing: the processing cycle of your personal data and sensitive personal health data, the legal basis adopted, the processing carried out by the Fluxmed Platform and our performance as a Processing Agent in relation to the healthcare establishment that YOU will interact with through the Fluxmed Platform.
2.3. By reading this Term, YOU will also understand and must agree that acceptance of it is mandatory to use Fluxmed. If YOU do not agree with any item of this Term, YOU will not be able to use the Fluxmed Platform because this Term is an adhesion Term.
2.4. You must be aware that you may revoke your consent at any time and at no cost. In fact, the Fluxmed Platform allows YOU to manage your consent. This means that YOU will be able to manage with whom and with which healthcare establishments YOU allow your health data to be shared and viewed.
2.5. The Fluxmed Platform was developed with the premise that YOU are the protagonist of your health and the owner of your personal data.
2.6. As soon as YOU register on the platform, YOU need to know that YOU receive a user profile with a patient perspective, the features are centered on YOU. When YOU are treated at one or more healthcare organizations that also use the platform, be aware that the healthcare organization becomes the controller of your health information.

3. CONSENT TO ACCESS INFORMATION BY PARENTS OR LEGAL REPRESENTATIVES
3.1. If YOU are one of the minor's parents or legal representative, YOU can inform your legal dependent or child using the “My Family” function on the Fluxmed platform. The first time your legal dependent or child is seen by a doctor who uses the Fluxmed platform, the link between your legal dependent or child and you will be validated by the professional who treats you. With this, you will have access to the clinical documents of your legal dependent or child.
3.2. Clinical information, documents such as: medical prescriptions, requests for examinations or medical reports of children or those represented, collected at the time of medical care, are the same as those provided by YOU when using the Fluxmed Platform.
3.3. The processing of data of minors or those represented will be carried out in the same way as the processing of data for adults or those with full civil capacity.
3.3.1. The collection of personal data and the processing of personal data of minors or their representatives will always be carried out in their best interests.
3.4. The data controller will make all reasonable efforts to verify that the consent referred to in item 3.1. was given by the person responsible for the child or adolescent or represented.
3.5. If you have any questions regarding this clause, YOU may contact us by email: contato@fluxmed.com.br.

4. DESCRIPTION OF THE FLUXMED PLATFORM FEATURES AND LIMITATIONS OF USE
4.1. “Fluxmed” is hosted in the cloud in Brazil and has features such as: storage of electronic medical records, scheduling of appointments, issuing of electronic medical documents (prescriptions, requests for tests, certificates), and conducting video teleconsultations. It also allows YOU to view the entire history of access to your health information whenever YOU want, which is an additional security mechanism for YOU.
4.2. In the event of an emergency or urgency, seek in-person care, the emergency room or the emergency room closest to YOU.
4.3. In the event of any damage that YOU suffer as a result of the health service provided to YOU by the establishment or health professional, YOU will not be able to seek compensation from Fluxmed.
4.4. Fluxmed is not the healthcare service provider. YOU must seek your rights solely from the healthcare establishment.
4.5. By means of this term you exempt Fluxmed from any liability related to the provision of health services.
4.6. Consent is the legal basis adopted by Fluxmed to process your health information (art. 11, of the LGPD).
4.7. Fluxmed, as an interoperability platform contracted by the healthcare organization and/or healthcare professional responsible for your care, undertakes to respect your privacy and protect your personal data and sensitive personal data, especially those related to health, in its role as data operator. YOU need to know that, under the terms of the General Personal Data Protection Law (LGPD), the shared use or communication between health data controllers for the purpose of obtaining economic advantage is prohibited, except in the following cases, taking into account your interests as the holder of personal data and as a patient:
4.7.1. When necessary for the provision of health services, pharmaceutical assistance and health care, including auxiliary diagnostic and therapeutic services, always for the benefit of data subjects;
4.7.2. To ensure data portability, if requested by YOU;
4.7.3. To facilitate financial and administrative transactions arising from the use and provision of services offered by the healthcare organization.
4.8. Furthermore, according to current legislation, private health plan operators are prohibited from processing health data for the purpose of risk selection when hiring or excluding beneficiaries (art. 11, §5, of the LGPD).
4.9. Through this term YOU grant this consent to the healthcare establishment that is providing your service through the Fluxmed Platform.
4.10. The Fluxmed Platform allows YOU to manage your consent. This means that YOU will be able to manage with whom and with which healthcare establishments YOU allow your health information to be shared and viewed.

5. HOW YOUR HEALTH INFORMATION IS OPERATED BY FLUXMED
5.1. The Fluxmed Platform operates your health information in the form of (“patient-user”), eventually, and by healthcare professionals of a healthcare organization (“authorized user”), for your benefit and for your assistance.
5.2. Registration of personal identification data: for YOU to register on the Fluxmed Platform, application or web, YOU will need to enter the following personal identification data to generate the login and password to access the Fluxmed Platform:
5.2.1. Full name;
5.2.2. Date of birth;
5.2.3. Birth sex;
5.2.4. CPF number;
5.2.5. E-mail;
5.2.6. Mobile number.
5.3. YOU need to know that, in order to ensure your identification and to prevent fraud, Fluxmed validates your data with the Brazilian Federal Revenue Service, sending a validation token via SMS to your provided telephone number or an email in order to validate your registration. That is why we request this information from YOU.
5.4. Do not provide inaccurate information about your identification, protect your password by not providing it to anyone, if you need people other than YOU to have access to your health information, use the consent mechanisms available in the Fluxmed applications.
5.5. After registering, YOU will be able to use the features of the Fluxmed Platform, manage your personal data and your health from the palm of your hand!
5.6. If requested by the healthcare facility, Fluxmed may process your health information in the form of tables and dashboards. This allows the healthcare facility to optimize the management of the population health of its patients.
5.7. YOU need to know that the LGPD prohibits processing for unlawful or abusive discriminatory purposes.
5.8. Fluxmed is the data operator.
5.8.1. Fluxmed acts as a data processor because it processes your personal data according to the purposes established by the healthcare establishment, which is the data controller.
5.9. Until YOU are served by a healthcare establishment through the Fluxmed Platform, YOU may ask Fluxmed to delete your registration data. YOU must seek the LGPD rights exercise channel with the healthcare establishment where YOU were served.

5.10. Por padrão a Plataforma Fluxmed envia mensagens de texto via WhatsApp, SMS ou e-mail com informações acerca do seu atendimento, como por exemplo, o agendamento de consultas; as solicitações de exames; as receitas médicas ou qualquer comunicação que possam auxiliar no acompanhamento das condutas clínicas adotadas pelo seu médico ou que possam auxiliar na condução do seu tratamento. Também poderão ser enviadas mensagens contendo solicitação de consentimento diversos, que caberá a VOCÊ, a decisão de aceita-las. VOCÊ pode desativar o recebimento de notificações a qualquer momento, fazendo seu cadastro, ou se já for cadastrado, clicando no ícone de sino, localizado na canto superior direito da sua tela.

5.11. Se VOCÊ tiver alguma dúvida sobre as funcionalidades ou tiver algum problema técnico para utilizar a Plataforma Fluxmed, VOCÊ pode pedir ajuda técnica para a Fluxmed por meio do seguinte e-mail: contato@fluxmed.com.br.
5.12. Atenção: Não envie à Fluxmed nenhuma pergunta relacionada à sua saúde. Procure o estabelecimento de saúde, o profissional de saúde ou o seu médico assistencial.

6. STORAGE TIME
6.1. Ao contrário do estabelecimento de saúde, a Fluxmed não é obrigada a conservar seus dados pessoais. Por isso, a plataforma fornece à organização de saúde mecanismos para extração de dados por ela controlados.

7. SECURITY MEASURES
7.1. A Fluxmed encoraja que VOCÊ este Termo com calma e atenção antes mesmo de realizar o cadastro na Plataforma Fluxmed.
7.2. If YOU have any questions regarding this Term, YOU can send an email to: contato@fluxmed.com.br.
7.3. Once registered, YOU declare and agree that your login details and password to access the Fluxmed Platform are personal and belong to YOU. YOU may not disclose or transfer your login and password to anyone.
7.4. YOU are responsible for your personal registration data, regardless of whether it is validated by Fluxmed. This means that Fluxmed will not be responsible for ensuring that YOU are the person who registered YOU on the Fluxmed Platform.
7.5. Fluxmed will also not be responsible for the security of your personal data shared by YOU in other environments such as email, WhatsApp, or any other similar messaging systems.
7.6. All accesses to the Fluxmed Platform are traceable, cannot be altered and can be viewed by YOU.

8. FINAL INSTRUCTIONS FOR PROPER USE OF THE APPLICATION AND LIMITS
8.1. By using the Fluxmed Platform YOU acknowledge and agree that the availability and operation of the Fluxmed Platform, like any information and communication technology, are subject to interruptions due to factors that are beyond Fluxmed's control, including, but not limited to:
8.1.1. Unavailability of electrical energy;
8.1.2. Internet signal failures and inadequate connection speed;
8.1.3. Software failures under repair;
8.1.4. Environmental disasters.
8.2. In cases of interruptions due to scheduled maintenance, software failures or any other factor that affects the availability of the Fluxmed Platform, YOU may take the following actions:
8.2.1. Check for notices. There may be a notification indicating unavailability.
8.2.2. Reporting problems. If you encounter a problem that has not been previously reported, it is useful to report it to the Fluxmed Platform technical support team via email: contato@fluxmed.com.br.
8.2.3. Review this term. We recommend that YOU review this Term whenever you want or when necessary.
8.3. Use of the Fluxmed Platform is subject to full adherence to these terms.
8.4. We reiterate: in the case of urgency or emergency, seek in-person care, the emergency room or emergency room closest to YOU.