Privacy Policy

The Privacy Policy consists of the best practices, transparency and respect for the Clients of the company Pensa UP, headquartered in Xanxerê, at Rua independencia º670, Centro de Xanxerê, Cep 89820-000, in the State of Santa Catarina, registered with the C.N.P.J. under No. 33.068.258/0001-89.

We present the basic principles of the Online Privacy Policy (hereinafter "Privacy Policy") adopted by the company in relation to the reception, storage and use of personal information made available by customers and visitors, for accessing and using our services and products, hereinafter called "services", which require identification.

We warn you that all terms and conditions contained in this Privacy Policy may be modified at any time by PensaUP, due to changes in legislation or services, as a result of the use of new technological tools or, even, whenever, at its sole discretion. company, such changes may be necessary.

In light of the above, we recommend that our Users, prior to using the available services, check the Privacy Policy then in force.

THE USE OF THE SERVICES MADE AVAILABLE BY PensaUP BY ANY USER, EVEN IF, WITHOUT OTHERS, ONLY E-MAILS MARKETING, WILL IMPLY IN EXPRESS ACCEPTANCE AND CONSENT TO THE TERMS AND CONDITIONS OF THE PRIVACY POLICY IN FORCE ON THE DATE OF ITS USE. br> We recommend that Users, who do not agree with the current Privacy Policy, not to use the services, as their non-acceptance by the customer or even the non-availability of the necessary information requested may prevent the provision of such services.< br>
By using our services and software, you confirm that you are eighteen years old or capable of performing all acts of civil life in your State or Province, and that you have given us consent to allow any of your dependents who are under civil law to use and access the site.

We emphasize that new Online services, made available by the company, will automatically be subject to the Privacy Policy in force at the time of their use, as well as the Terms of Use of the products and services offered must always be observed.

1 - Registration and Treatment of Personal Information 1.1. For the provision of online services to its Users (customers), the company adopts advanced features aimed at protecting the personal information of Users and their services.

1.2. Personal information of the Users of the PensaUP services, with personal information being understood as the User's full name or corporate name, physical and electronic address, telephone number, ID, CPF or CNPJ, preferences and access patterns (hereinafter " Personal Information") are not disclosed by the company, except in the cases expressly mentioned in this document, or even when arising from judicial or legal determinations, from regulatory government agencies, or, if the User violates the terms of services or privacy policy of PensaUP , which will act in their exercise of rights.

1.3. This information has registration and contact purposes, identification of the customer and its legal or authorized representative, issuance of reports used by the customer, issuance of tax documents and billing documents, for sending notifications and information that are of interest to the client.

1.4. If the User decides to provide their Personal Information and, consequently, use the services provided, such act will imply express authorization and consent for such information to be used for the provision of services, for the purpose defined in the Service Agreement, Terms of Use and this Privacy Policy, as well as for such information to be archived.

1.5. Once provided with the Personal Information about the User, the company may use the User's data for the purpose of, among others already mentioned in this Privacy Policy, sending advertising, directed by email or any other means of communication, containing information about the company, its products and services, and even to send information and notifications dealing with system updates, its Terms of Use, Privacy Policies, modules and price lists, among others of interest to Users and PensaUP. However, the User reserves the right, at any time, including when the Personal Information is made available, to inform the company, through the communication channels available for the registration of such information, of their not interest in receiving advertisements, including by e-mail (opt-out), in which case the company will discontinue such services as soon as possible.

1.6. On the other hand, data not requested by PensaUP, which are entered, provided and fed by the User (client of the company VejaUP) of the contracted programs/systems, whether from their own private data not required for registration, or even from their Internal users (employees and/or authorized persons) of the system who will also have access to the software, or even the data of its customers, patients or third parties, unless otherwise provided in this Privacy Policy, are not used by PensaUP for any purpose other than the sole and exclusive storage of this database (object of the contract), therefore, the User itself is solely responsible for collecting the consent, for informing and fulfilling the requests of its customers, patients or third parties interested with whoever maintains any link, and PensaUP and its software are not responsible for the obligatory relationships maintained between the User and its employees. and/or authorized and their own clients/patients.

1.7 Even so, for clarity, we list the data that our company's software collects from Users, as well as those supplied by the Users themselves and their customers, treated as necessary and for the following purposes:

I) Data of all System Users: Class of Registration Data obtained Purpose Mandatory registrations Name, e-mail and telephone Identification and authentication of the User on the platform. Receive announcements or updates about software and its products. Data for reports used by the customer. Optional records CPF, profession (CBO), date of birth, working hours, full address (street, number, complement, neighborhood, city and zip code), photo. IP electronic records, Cookies, activity records, inclusion, alteration or deletion of records in the system. Registration of access for the purpose of complying with a legal obligation. Statistical (anonymized) Platform usage data (This is not considered personal data, due to the loss of association with an individual). Analysis of the use of software systems to improve the user experience. II) Data from Professional Health Users: It comprises the data of all System Users, plus those listed below:

Class of Registration Data obtained Purpose Mandatory registration Type of service and professional registration. Conducting consultations in person or at a distance. Availability of schedules for scheduling. Issuance of medical prescriptions Optional Registration Specialties of the professional and opening hours. III) Patient User Data: Patient accesses the system to schedule appointments, through the external scheduling module:

Class of Registration Data obtained Purpose Mandatory registration Name, email, telephone, password, CPF, date of birth, gender. User identification and authentication on the platform. Patient identification in the clinic's scheduling system. IP electronic records, Cookies, activity records, inclusion, alteration or deletion of records in the system. Registration of access for the purpose of complying with a legal obligation. 1.8. The PensaUP Software keeps electronic records of its Users regarding access to systems, such as IP, Cookies, as well as keeps records of activities, inclusion, alteration or deletion of records in the system, for purposes of compliance with legal and for own control by its Users.

1.9. Visitors to our websites, or to third-party websites and applications linked to ours, also automatically receive your computer's internet protocol, IP address, cookies in order to obtain information to help us learn about your browser and operating system , as well as information about User behavior trends used to personalize and improve their experience on our website.

1.10. In relation to the service providers outsourced by PensaUP, they will collect and use information as necessary, to allow the execution of their services.

1.11. However, certain third-party service providers, such as marketing automation tools and other data processors, have their own privacy policies with respect to the information we provide to them. For these providers, we encourage you to read their privacy policies so that you can understand the way in which your personal information will be used.

1.12. Once the User or visitor leaves the PensaUP website or its software and applications (by clicking on the website's links or not), or is redirected to a third-party application or website, they will no longer be governed by our Policy of Privacy or the Terms of Service of our websites, but rather those Privacy Policies and Terms of Use of third parties.

2 - DATA HOLDER AND DATA STORAGE RIGHTS 2.1. The User, holder of personal data has the right to obtain from PensaUP, in relation to the data of the holder processed by him, at any time and upon request:

I - confirmation of the existence of treatment;

II - access to data;

III - correction of incomplete, inaccurate or outdated data;

IV - anonymization, blocking or deletion of unnecessary, excessive or treated data in violation of legal provisions;

V - data portability to another service or product provider, upon express request, in accordance with the regulations of the national authority, observing commercial and industrial secrets;

VI - deletion of personal data processed with the consent of the holder, except in the cases provided for by Law, especially those dealing with the Termination of Data Processing;

VII - information on public and private entities with which the controller shared data;

VIII - information on the possibility of not providing consent and on the consequences of denial;

IX - revocation of consent, under the legal terms.

2.2. Medical records and their portability relating to any data subject must be requested by the latter to the medical professional or clinic who has attended, professionals and clinics that have the duty of guarding and preserving these documents, also based on the prerogatives of their functions.

2.3. In order to exercise these rights, the User holding the data must expressly request from PensaUP whatever is in his/her interest, directly at the commercial address of its headquarters, or via the electronic e-mail address: dpo@clinicanasnuvens.com.br, Data Protection Officer (DPO).

2.3.1. PensaUP will have a period of up to 15 (fifteen) days, counted from the holder's request, to respond to the Users' requests.

2.4. Clarifies that if the data subject requires, among others, the limitation, blocking the collection of their data or cookies, some functionality of the software may be limited.

2.5. Subject to the other provisions of this privacy policy, the Users' information is stored for the term, in accordance with the prescription rules of Brazilian Law regarding the necessary information, as well as for the storage of other data entered by the Users themselves, the term will be that defined in the Terms of Use of the PensaUP software and applications. Once the obligations between PensaUP and the User are terminated, it is the User's duty and the User is solely responsible for exporting or requesting data in general by the User or his authorized customers and entered into the system, within the terms stipulated in the Terms of Use, being after that, all these data will be deleted.

2.6. PensaUP may, through its software, maintain the history of access records of the System Users for a minimum period of 4 (four) months, for the purpose of any audit and fraud control or, among others, for the fulfillment of obligations legal or court orders.

2.7. Upon the User's request for data deletion, such measure can only be met if there is no longer any purpose for its use, nor any legal or judicial obligation, among others that justify its maintenance. At the end of data processing, with its elimination, the data can still be used anonymously for statistical purposes.

2.8. The data entered in the PensaUP systems and software are stored in the cloud, whose servers are located in Brazil. If the transfer of data occurs nationally or internationally, such transfers are only carried out for the purpose of its storage, exclusively.

2.9. Finally, PensaUP does not collect sensitive personal data, not even in Cookies on its software and websites. Any registrations of sensitive data from third parties within the software are collected and entered by the users of the systems, who are responsible for collecting and consenting to their holders.

3 - Personal Information Security 3.1. Access to Personal Information collected and stored by the company is restricted to professionals authorized to use this information directly, and necessary for the provision of their services, and its use for other tasks is limited. Every organization or individual hired to provide support services is also required to comply with the rules of the Code of Ethics adopted by the company, then in force.

3.2. PensaUP may disclose the Personal Information it has received, the User agreeing, from now on, with such disclosure, in the following cases:

a) whenever it is required to disclose them, whether by virtue of and/or authorizations of legal provisions, acts of competent authorities, court order or order, for the fulfillment of a legal or regulatory obligation by the controller;

b) for the regular exercise of rights, including in contract and in judicial, administrative and arbitration proceedings;

c) protection of the life or physical safety of the owner or third party;

d) to its business partners and/or service providers, in order to meet the request for services made by Users;

e) to credit protection and defense agencies and service providers authorized by the company to defend its rights and credits;

f) bodies that manage consumer records;

g) to its controllers, companies controlled by it, companies related to it or otherwise associated, in Brazil or abroad.

h) automatically, to make the platforms of the PensaUP websites and software viable, in the availability and use of its services, with service providers.

3.3. PensaUP protects your collected personal information, using the best technological practices for information protection, preventive practices against alterations, accesses, loss or inappropriate usurpation of data.

3.4. When the User provides us with their information, they are encrypted using the technology "secure socket layer" (SSL) and stored with an AES-256 encryption.

3.5. Such information is collected through the service channels and stored, using, in terms of data security, strict standards of confidentiality and integrity, as well as logical access controls, always observing the highest ethical and legal principles.

3.6. Even with the use of the aforementioned security technologies, it is still necessary to clarify that no system is completely safe or infallible, so that PensaUP is exempt from liability for any damage or invasion of the database caused by viruses or hackers, except when incurring willful misconduct or guilt.

3.6.1. It is also the User's duty to maintain the confidentiality and preservation of their stored data and even those data and information that the User stores (own or third-party data). Therefore, the User must not share passwords and access data with third parties, since the User's sharing of passwords and data is considered a violation of the Privacy Policy and all other regulations and Terms of Use of PensaUP and its software.

4 - Extension of Effects 4.1. The terms of the Privacy Policy set forth herein shall apply exclusively to Personal Information, as defined above, which may be made available to PensaUP by the User for the use of its products and services. Consequently, the Privacy Policy set forth herein will not apply to any other service than those provided by the company, including those sites that are in any way linked to the company's website, through links or any other technological resources, and also to any other sites that, in any way, may become known or used through the company.

4.2. In this sense, we warn Users that these sites may contain a privacy policy different from that adopted by the company or may even not adopt any policy in this regard, and the company is not responsible for any violation of the privacy rights of Users who may come to be violated by these sites.

5 - Rights 5.1. The company ensures that the information (texts, images, sounds and/or applications) contained on its websites are in accordance with the legislation and regulations governing copyright, trademarks and patents, with no modifications, copies, reproductions or any other being allowed forms of use for commercial purposes without the prior and express consent of the company.

5.2. The company is not responsible for any damages and/or problems arising from delays, interruptions or blocking of data transmissions occurring on the Internet.

6 - Interpretation of Terms 6.1. The words and terms contained in this Privacy Policy, not expressly defined herein, written in Portuguese or in any other language, as well as any other technical and/or financial language or not, that, eventually, during the term of this instrument , in the fulfillment of rights and obligations assumed by both parties, are used to identify the practice of any acts, must be understood and interpreted in accordance with the internationally recognized concept.

7 - Attachments 7.1. This Privacy Policy, for all legal purposes and effects, is an integral and inseparable part of the Contract for Operationalization of Services and Terms of Use of the company's Software in the form of an attachment.

8 - Applicable law and conflict resolution 8.1. Any and all disputes arising from the terms set out in this Privacy Policy will be resolved in accordance with Brazilian law, with jurisdiction in the city of Xanxerê, SC, excluding any other, however privileged.

8.2. It is also clear that the use of services and orders commanded outside Brazilian territory, or even those arising from operations initiated abroad, may also be subject to the legislation and jurisdiction of the authorities of the countries where they are commanded or initiated.

Updated 12/28/2021