Privacy Policy, Terms of Use | MissionMedic W.W.

“MISSIONMEDIC WORLDWIDE LATAM HEADQUARTERS”

The present PRIVACY POLICY, TERMS OF USE AND CONDITIONS regulate the use that you as a user, of legal age, in the full exercise of your legal capacity, make of the virtual platform "MISSIONMEDIC WORLWIDE SEDE LATAM" and the services offered , either through the website and/or any other auxiliary tool, made available to you. In this sense, it is a priority for our company to comply with all international and legal provisions corresponding to technology, information, and due process.

Our services are governed in accordance with the General Guidelines for the Provision and Control of the Practice of Medicine and Surgery, its Specialties and Subspecialties - Special modality during the national emergency by COVID 19, approved by the Governing Board of the College of Physicians and Surgeons of Costa Rica, approved in minutes No. 2020-04-01 of the ordinary session held on April 1, 2020, through which doctors, specialists, and subspecialists were enabled to provide their consultation remotely through virtual platforms. In parallel, our legal department is initiating due process, investigating and providing all the records that are required, in a pertinent and responsible manner, demonstrating that we will always comply with the Law on the protection of individuals against the processing of their personal data, Law No. 8968 of July 7, 2011, its Regulations, Executive Decree No. 37554 of October 30, 2012, and other applicable regulations, in favor of the security of the data of the national, international patient and the doctor of Costa Rica.

Confidentiality laws also apply to information revealed during telemedicine consultations. However, it is your understanding that there are mandatory and permissive exceptions to confidentiality such as reporting child abuse or adult vulnerability. Our legal department is initiating the due process, investigating and providing all records that are required, in a pertinent and responsible manner, demonstrating that we will always comply with the protection of personal data in accordance with the following laws that are currently in force: Law 25,326 of Protection of Personal Data (Argentina), Law No. 19,628 on Protection of Private Life (Chile), Law 1581 of 2012 and its regulatory decree 1377 of 2013 (Colombia), Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP ) (Mexico), Law No. 29733, Personal Data Protection Law (Peru), Law No. 18,331 on Personal Data Protection and "Habeas Data" Action (Uruguay), Organic Law on Personal Data Protection (LOPD) (Ecuador), Law on the protection of the individual against the processing of their personal data, Law No. 8968 of July 7, 2011, its Regulations, Executive Decree No. 37554 of October 30, 2012 (Costa Rica), Law 81 of 2019 on Personal Data Protection (Panama) and the United States law “Health Insurance Portability and Accountability Act of 1996 (HIPAA).

The acceptance of this PRIVACY POLICY, TERMS OF USE AND CONDITIONS, either tacitly or even through electronic means, have the same legal effect as putting your physical signature on any contract or agreement of wills, thus establishing a relationship contractual agreement between the user and THE PROVIDER.

By registering and/or making use of the applications, virtual platforms and other sites owned by THE PROVIDER, you agree that you have read, understood and fully accept these Terms and Conditions, constituting an enforceable voluntary agreement between you and THE PROVIDER.

In the event of non-compliance by the user, THE PROVIDER may suspend access, use, the platform and services, partially or totally, without prior notice and unilaterally.

For the purposes of this PRIVACY POLICY, TERMS OF USE AND CONDITIONS and its correct interpretation, THE PARTIES agree that the terms detailed below will have the meaning attributed to them in the following definitions, and those previously established in paragraph first, in the understanding that said definitions will apply to the masculine or feminine gender, and regardless of whether they are used in the singular or plural:

a) Ally: Indistinct reference of the natural or legal person that operates as a supplier of products, medicines or supplies, pharmaceutical and/or laboratory, that has the proper authorizations and accreditations to operate, and that voluntarily forms part of the Network of Benefits and/or that is enrolled in THE SUPPLIER's program to offer its products/services.

b) Affiliate: Refers to health-related professionals, doctors and/or legal entities, duly authorized and accredited by the educational, health and other applicable authorities, who provide independent professional services through THE PROVIDER's platform, under their own responsibility and seek to refer users to obtain benefits granted by the allies.

c) Advice and/or Attention: Refers to the services of (i) scheduling appointments for patient care in the Affiliate's virtual office, (ii) virtual or remote health advisory services, that Affiliates offer to Beneficiaries, who accept and contract, at their own expense and under their own responsibility, through THE PROVIDER's platform, without this implying that THE PROVIDER provides the Service or is responsible for it.

d) Beneficiaries: Refers indistinctly to the patients and/or clients of the Affiliates and Allies, who will have access to the platform operated by THE PROVIDER.

e) Benefits: Refers to the services or products marketed by the Ally and/or the Affiliate and to which the Beneficiaries, Affiliates and referrals of the Affiliates may have access, in addition, additional terms and conditions may be established to this document, for benefits or special promotions.

f) Orders: These are the requests and supply of products, medicines or supplies that the User makes to Alies, within the virtual store or virtual pharmacy of THE SUPPLIER.

g) Prescriptions and/or official prescriptions: Refers to any information of a medical, clinical, pharmaceutical or health nature issued in accordance with the law, under the sole and exclusive responsibility of the Affiliates.

h) Platform: Refers to the technological tool that THE PROVIDER makes available to you and which you can access at the electronic address https://www.missionmedic-hospital.com. For the purposes of this PRIVACY POLICY, TERMS OF USE AND CONDITIONS, it indicates that "MISSIONMEDIC WORLWIDE SEDE LATAM" or the Technological Tool may be referred to indistinctly as "we", "website", and "MissionMedic Worldwide" or equivalent terms.

i) Benefit Network. Program established and administered by THE PROVIDER whose purpose is to communicate, disseminate and publicize the benefits granted by the Allies, to the Network to generate greater transactionality and recurrence of operations, as well as access to benefits and loyalty programs with Users.

j) User: Indistinct reference to the Beneficiaries, Affiliates or Allies registered or not on the platform, who make use of it.

1. OBJECT.

THE PROVIDER will make the use and access to the Platform available to the Users, so that the User (i) announces its Care products and services, (ii) requests and receives Care or Orders, (iii) requests payments from Beneficiaries and ( iv) easily find and communicate with other Users. The User accepts that there is no link or recommendation, accreditation or intervention by THE PROVIDER in the Operations, Services and Orders made on the "MissionMedic Worldwide" Platform, since it works as a means of contact between the Affiliate, the Ally and/or or the Beneficiary, who function as independent parties to THE PROVIDER.

THE PROVIDER will only be responsible for the following:

1. Provide a Platform in which information on products, medicines, inputs and professional care services can be published, which may or may not be in catalogs.

2. Manage search engines with the information that Users enter.

3. Provide means of contact and communication between Users.

4. Provide Beneficiaries with a system to schedule appointments and request Care through specialized telemedicine.

5. Provide Users with a system to offer products, medicines and supplies and place Orders.

6. Provide an information gathering system to Users.

PERSONAL INFORMATION: The use of the service does not require that you provide personal information, unless it is necessary to provide you with a service or supply you with a product.

In order to request a service within the platform and make use of it, Users must provide the required personal information, forcing themselves to provide valid, accurate, updated, truthful and verifiable data, at their sole responsibility, which may be used to create user accounts, generate passwords, profiles and files. (This information will not be shared with unauthorized third parties and the handling of sensitive data is carried out from a secure platform)

DATA COLLECTION: Personal data is data that can be used to identify or contact a person.

THE PROVIDER may collect different types of information related to you depending on the services you use. It is possible that you will be asked for your personal data when you contact THE PROVIDER or any of its subsidiaries, affiliates or companies in charge of treatment. THE PROVIDER and its affiliates may share personal data and use it in accordance with this Privacy Policy or for other purposes for which you have given us your consent.

THE PROVIDER will take the appropriate measures to protect your personal information and guarantee compliance with the applicable regulations regarding data security.

In case of sharing your data, this will be done with the consent of the data owner and the receiving party is subject to strict confidentiality and legal responsibility agreements.

Anonymous information is information that cannot be traced back to any particular user. This is collected through cookies, the application and other means. This information is generally used to improve your experience using our products and services. We may use third-party companies, advertisers, to show you relevant information, advertisements or advertising. You will always be able to see their privacy policies on their respective websites. We are not responsible for what advertisers or third-party companies do.

YOU have the following rights over your data:

1. Request an electronic copy of your profile: You can ask us to send you an electronic copy of the data we have about you, and access to your information will be guaranteed in accordance with the provisions of current regulations.

2. Ask us to correct the information: If you believe that your information is incorrect or incomplete, you can send us an email to correct the information. We will comply with all reasonable requests and notify you if we decide to say "no" explaining the validity of it, professional ethics and honesty in professional practice is important to us.

How do we use your data?

We use your data for inquiries, to improve our services, to bill and contact you, for research purposes and to comply with legal provisions. We may also use/share either anonymously and/or aggregate data for research purposes and/or business reasons with our partners.

The username and password constitute the primary identification of the User on the platform, thereby confirming and expressing his will, which is why it is of a very personal and non-transferable nature, and the User must make sure to keep it private, under penalty of being responsible for the damages and damages caused by its misuse. Therefore, said data must be safeguarded and used solely and exclusively by the User to whom they have been assigned.

THE PROVIDER may verify said information through records and public means or by requesting official or non-official documents that verify the information to Users. As long as the information is not verified, duplication or fraudulent activity is suspected, THE PROVIDER may temporarily or permanently suspend the Services and access to the platform.

THE PROVIDER reserves the right to reject any access request previously accepted, at any time, without being obliged to notify the Users, the foregoing, in the event of suspicion of fraud, bad practices or non-compliance on the part of the Affiliates, Beneficiaries and/or o Allied to what is established in this PRIVACY POLICY, TERMS OF USE AND CONDITIONS or other associated policies.

The personal information provided by Users will be protected and will be used in accordance with the provisions of the PRIVACY POLICY, TERMS OF USE AND CONDITIONS of "MissionMedic Worldwide Sede LATAM", which can be consulted on the website https://www.missionmedic-hospital .com.

ABOUT ATTENTION. Users acknowledge and accept that THE PROVIDER is limited to providing Users with a contact Platform and does not recommend, evaluate, accredit or certify the knowledge of Affiliates who provide Care Services nor does it endorse or take responsibility for the Care that the Affiliate of.

It is the sole and exclusive responsibility of the Affiliate to have the necessary accreditations, authorizations, certifications, knowledge and experience, including those requirements determined by the legislation of their country, for the proper provision of the Service.

It is prohibited for Affiliates to hold titles, professions, knowledge or specialties not accredited by the competent authority in their country, advertise people or services of third parties and carry out any type of activity through the Platform contrary to morality, good customs, contrary to professional ethics or contrary to the legislation, especially in health matters, under penalty of being responsible for the damages that could be caused to the Users or to THE PROVIDER.

Likewise, the Affiliate is solely responsible for the Consulting and Care Services provided, as well as their quality, information, guidance, recommendations and Prescriptions made for the use of the Platform. In this sense, the Affiliate undertakes to resolve and attend to the requests and complaints that any User or authority may make against them, as well as any other type of action, forcing themselves to safely remove THE PROVIDER.

The Affiliate must carry out the questioning and guided examination of the patient, if applicable, also correctly integrate and attach the information in the medical file that is generated, to document and store in the Platform.

Virtual or remote Care is limited to a health advisory service by professionals in the field, with the support of technological tools, so the Beneficiaries will be responsible for finding out about the Affiliate and the Care they request, as well as of contracting and obtaining the Consultancy. The Beneficiaries acknowledge and accept that the virtual advice they receive may be limited by the information that the Affiliates receive, due to the virtual communication, being the latter the only person responsible for the recommended treatment.

Users accept that any Certificate, Electronic Signature, Advanced or Reliable Electronic Signature or any other electronic means of authorization or approval comparable to those mentioned above, will have the same validity and produce the same legal effects as the handwritten signature.

HOSTING / SECURITY / DIRECT FULFILLMENT OF HTTPS://WWW.MISSIONMEDIC-HOSPITAL.COM

Site hosted in a HIPAA compliant Microsoft Azure environment: HIPAA (Health Insurance Portability and Accountability Act of 1996) is a piece of legislation in the United States of America that provides privacy and data security provisions to safeguard medical information ; This is how audio/video call recordings are stored securely. We use Microsoft Azure for this and data is always encrypted during a transfer.

It is important to note that our company does not store credit card information.

ABOUT THE ALLIES, BENEFITS AND ORDERS: The Users acknowledge and accept that THE PROVIDER is limited to providing Users with a contact Platform and does not recommend, evaluate, authorize, accredit or certify the Allies that provide the products, medicines, supplies or their quality or condition.

It is the sole and exclusive responsibility of the Partner to have the necessary accreditations, authorizations, certifications, information, support, supplies, products and medicines, including those requirements determined by local legislation, for the proper distribution and marketing of the Orders placed through of the Platform.

It is the Ally's obligation to list clear, real, truthful and verifiable information on products, supplies and medicines, as well as ensure their quality, safety and security, that it offers through the Platform.

It is prohibited for Allies and Affiliates to advertise or provide products, supplies and medicines not allowed by the health authority, advertise people or services of third parties, not authorized by THE PROVIDER, and carry out any type of activity through the Platform contrary to morality, the good customs, contrary to professional ethics or contrary to local legislation, especially in health matters, under penalty of being responsible for the damages that could be caused to the Users or to THE PROVIDER.

Likewise, it is the exclusive responsibility of the Affiliate and/or Ally, the products, supplies and medicines that it offers, as well as the quality of the same, the information, orientation, recommendations and Benefits that it facilitates to the Users, due to the use of the Platform. . In this sense, the Ally undertakes to resolve and attend to the requests and complaints that any User or authority may make against it, as well as any other type of action, forcing itself to remove THE PROVIDER in peace and safe.

The Affiliate undertakes to immediately notify THE PROVIDER and the Users, in the event that any of the products, supplies or medicines that it offers or has provided through the Platform, which are presumed harmful to health or in breach of the legislation , as soon as they become aware of this. In addition, he will be responsible for the withdrawal of products and others that update the assumption.

The Benefits may be subject to special and particular terms and conditions for each promotion. For what is not provided in the particular terms and conditions of each Benefit or promotion, this document will be followed.

OF PURCHASES

Only Users may make purchases through the Platform, understanding that all purchases and transactions made through the Platform that THE PROVIDER makes available to them are the responsibility of the User who makes them and the Partner or Affiliate who offers the product or service.

Any purchase and/or sale may cause commissions for the use of the Platform in favor of THE PROVIDER. These costs will be published on the Platform and in the case of purchases, they will be presented broken down in the calculation of the total to be paid.

The sale of any product, either by policy of the supplier or by mandate of the national health regulation, may be conditioned on presenting a medical prescription and this may be requested at the time of purchase or delivery.

Purchases through the Platform and Benefits may be subject to minimum purchases. The minimum purchase amounts may vary and be subject to special and particular terms and conditions for each promotion.

It is the sole and exclusive responsibility of the User to correctly enter their identification, contact and shipping address data. Purchases must always be received by an adult who can verify the correct receipt of the purchased items. Users acknowledge and accept that THE PROVIDER is limited to providing Users with a contact Platform and is not responsible for shipments.

Any request, report, complaint or claim regarding the purchase process through the Platform, including collection, must be sent directly to THE PROVIDER. In the event of a problem with the availability of products, the Ally will contact the User.

Any request, report, complaint or claim regarding the products, shipments, invoices, changes, returns and any other dispute regarding the purchase, must be addressed directly with and between the User and Partner or with the manufacturer, as appropriate, for which that the Parties release THE PROVIDER from any responsibility. In refrigerated medicine, changes or returns are not accepted and the Ally will be responsible for sending the product in adequate safety conditions.

Returns must be requested within 24 (twenty-four) hours of receiving the product and will be made within 7 (seven) business days of correct receipt of the product by the Ally.

All purchases are subject to prescription evaluation, if applicable, inventory, payment and availability, so Partners reserve the right to cancel orders and return payment without prior notice.

The information contained in this subsection is only illustrative and it is the responsibility of both the User and the Ally to read and make available, respectively, the Terms and Conditions of the Ally.

Users acknowledge and accept that THE PROVIDER is limited to providing Users with a contact Platform and does not recommend, evaluate, authorize, accredit or certify the Allies that provide the products, medicines, supplies or the quality or condition of these.

OF PAYMENTS AND PRICES

Only debit and credit cards are accepted through the PAYPAL platform directly to the accounts of allies and affiliates.

THE PROVIDER will not receive payment for services provided by affiliates and allies to users.

The costs may vary at any time and without prior notice and the one published on the Platform will always apply. In the case of subscriptions, the cost will be published on the Platform at the time of making the payment for the next supply. In the event of variations greater than 10% of the cost of the last delivery, THE PROVIDER may request the User's express authorization to continue with the subscription.

OF THE SUBSCRIPTIONS

Users may choose to contract for minimum periods of 12 months, the services of THE PROVIDER. Users will be able to choose the periodicity of deliveries (annually or semi-annually) which can be modified at any time. Once the contracted period has begun, it will continue in force as long as the affiliate complies with the agreed terms and conditions.

The collection date may change without prior notice in the event that your payment method is rejected or the collection cannot be made. THE PROVIDER reserves the right to hire a law firm in the user's country of origin in case it needs to make the corresponding legal collection for services owed and in case it incurs in this debt, it must cover the professional fees generated by the collection process.

BILLING

Users acknowledge and accept that it will be the User's responsibility to provide the correct data at the time of billing. Once issued, no changes or cancellations can be made.

RESPONSIBILITIES

The User undertakes to: (1) withhold tax contributions associated with the sale of products or services, whether VAT, ISR and/or those that apply, depending on the tax regime in which it is taxed, and in accordance with the regulations and legislation current and applicable, in addition to informing the tax authority of compliance with the tax obligations associated with the transaction that was carried out through the platform of THE PROVIDER. In case of using the payment gateway designated by THE PROVIDER, the Users authorize THE PROVIDER to make the corresponding tax withholdings for the provision of digital intermediation services between the user and the consumer.

THE PROVIDER agrees to: (1) grant access to the "MissionMedic Worldwide" platform through access codes that must be shared or facilitated by the user; (2) display the products and services offered by Users on the "MissionMedic Worldwide" platform; (3) allow the connection between the Beneficiary and the Users and (4) correct the failures, add, modify or eliminate functions in the "MissionMedic Worldwide" Platform, for its proper functioning, to the extent of its possibilities.

THE PROVIDER may limit access to the Platform at any time, especially in the event of breach by the User of any of these Terms and Conditions. For no reason THE PROVIDER will be responsible for the services presented by the Affiliates, the products offered by the Allies, the absence of Users to appointments, virtual consultancies or any other meeting that they have agreed through the Platform.

PROHIBITIONS. It is strictly prohibited for Users and any person accessing the Platform (i) to make any other use of the "MissionMedic Worldwide" Platform than that permitted in these Terms and Conditions, (ii) to make illegal or fraudulent use of the Platform, (iii) ) attempt or carry out actions such as accessing, using, downloading, modifying, sharing or using the Platform and the information included in it, without prior authorization, (iv) carrying out any action aimed at carrying out or carrying out reverse engineering, decompiling or carrying out reverse compilation , espionage of the source code and any component of the Platform or of "MissionMedic Worldwide", (v) impersonate identities, (vi) create false or duplicate accounts and (vii) enter false financial information or of which you are not the owner. In the event of non-compliance with these provisions and any other established in these Terms and Conditions or in the applicable local legislation, THE PROVIDER reserves the right to exercise the actions that correspond to it, in addition to suspending the use and access to the Platform or any of partial or total way.

INTELLECTUAL AND INDUSTRIAL PROPERTY. The User accepts that the "MissionMedic Worldwide" Platform, the brand under which it is promoted, as well as the logos, forms, documents, graphics, source code, software and any other information contained in the Platform of THE PROVIDER, is solely and exclusively property or license of THE PROVIDER, therefore no transmission of the rights over them is understood. The use of the brand or logos will only be under the express authorization of THE PROVIDER. The User who fails to comply with the foregoing will constitute a violation of the Copyright and Intellectual Property Laws, for which reason THE PROVIDER reserves the right to exercise the corresponding actions.

MODIFICATIONS. THE PROVIDER may at any time modify this PRIVACY POLICY, TERMS OF USE AND CONDITIONS. The use of the "MissionMedic Worldwide" Platform after the modification constitutes full acceptance of the new Terms and Conditions.

VALIDITY. This agreement will come into force from the first use that the User makes of the “MissionMedic Worldwide” Platform, using the keys provided by THE PROVIDER and while the Platform is online. THE PROVIDER reserves the right to limit access to the Platform for non-compliance with this agreement or terminate the contractual relationship between the parties, prior written notification.

APPLICABLE LAW. In the event of any controversy related to this contract, THE PARTIES expressly submit to the current laws and the competent courts of the Republic of Costa Rica, waiving any other present or future jurisdiction that may correspond to them for any reason.

THE USER acknowledges having read the Terms and Conditions electronically or in print, and understanding their content. Therefore, by using the “MissionMedic Worldwide” Platform it is understood that you agree and expressly, unequivocally and irrevocably accept the Terms and Conditions.