PRIVACY POLICY

Last update: July 10, 2020.

WARNING – READ CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.

Protecting your private information is a priority to Phelcom Technologies. This Privacy Policy applies to information and data collected by Phelcom through our website www.phelcom.com.br and our Softwares for the mobile Applications, Eyer and EyerCloud. This Privacy Policy governs our practices regarding data collection, processing and use. It also describes your options of use access and correction of your personal information. 

By accessing our Website and/or Eyer and EyerCloud Softwares as User and/or Customer, you agree with this Privacy Policy. 

IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU CANNOT ACCESS OUR WEBSITE NOR OUR EYER AND EYERCLOUD SOFTWARES. 

We periodically update this Privacy Policy. We will publish eventual changes to the Privacy Policy on this web page and, in case there are major changes, we will send a notification to the email you used to register to our channels.

Regardless of sending email notifications about major changes to the Privacy Policy, we encourage you to consult it periodically. We will also store previous versions of this Privacy Policy, so that you may request it for consultation purposes through the email privacidade@phelcom.com.br

If you have any doubt on this Privacy Policy or our processing of the data you provide us, send an email to privacidade@phelcom.com.br or write to PHELCOM TECHNOLOGIES LTDA – ME, 820, José Missali Street – São Carlos – SP – ZIP CODE 13.562-450 – Brazil

1. Collected data

When you visit our Website

You are free to explore the Website without providing any Personal Information. When you visit the Website, we request you to provide Personal Information about yourself, and we also collect Navigation Data. 

When you use our Eyer and/or EyerCloud Applications

We use a mobile device management software to better understand our Applications functionality in your smartphone. This software may register information such as the amount of times you use the application, the events occurred within the application, aggregate use, as well as performance data and where the application was downloaded from. Further than the data collected from our Website, when you use our Applications, we may also collect the location in your city, as well as device model and version, the device identifier (or “UDID”), operating system version and your Phelcom subscription service credentials, as appropriate. 

We send push notifications at times to keep you informed about events or promotions. Disable them in your device in case you do not want to receive such communication.

We may vinculate data stored in the software to the Personal Information you send through the Applications. We do it to improve the services we provide, as well as the functionality of our marketing, our data analyses and website information.

“Personal Information”

Refer to any information you voluntarily send us and identify you personally, including contact information, such as name, email address, company name, address, telephone number and other information about you or your company. Personal Information may also include information on eventual transactions, free or paid, that you input to our Website, further than the information about yourself available on the Internet in websites such as Facebook, LinkedIn, Twitter and Google, or even information publicly available we acquire from our service providers.

Personal Information also includes Navigation Data or Payment Data for cases in which such information is enough to identify someone directly or indirectly. Navigation Data refers to the information on your computer and your visits to this website with your IP address, geographic location, type of browser, reference source, visit length and viewed pages. Consult the section “Navigation Data” below.

Log files

When you use our services or visualize our offered content, we automatically collect information on your computer hardware and software. This information may also include, further than mentioned above, domain names, Internet service provider (ISP), files viewed on our website (for example, HTML pages, graphs, etc.), operating system and clickstream data. This information is used by Phelcom to keep the quality of our Subscription Service and to generate general statistics regarding the use of Phelcom Website. For such ends, we automatically vinculate these collected data to Personal Information such as name, email address, address and telephone number.

Information on minors

If you are less than 18 years old, you shall not use Eyer and EyerCloud Applications without a written consent from at least one parent or legal guardian, which shall be sent to privacidade@phelcom.com.br

2. How we use the collected data

Compliance with our Privacy Policy

Collected information is used only in compliance with this Privacy Policy and, yet, under Brazilian legislation applicable to General Data Protection (Law No. 13.709, 08/14/2018)

Use of Personal Information

We never sell your Personal Information to third parties.

Phelcom collects and uses your personal information to operate a technological service platform. Collected data are used to provide, keep, secure and improve our services, develop new ones and protect Phelcom and its users. We also use this information to offer the user a specific content, targeted to his/her personal needs for the benefit of health.

Once you register to our Webstite or Eyer and EyerCloud Applications and utilize our service platform, we will require you to provide your name, email address, as well as, for patients, some information on your health (for example, biometric data for retina exams, inter alia). By registering to our EyerCloud management Software monthly subscription service, payment data, such as credit card numbers and billing data, may be collected by using external PCI-Compliant service providers. 

YOU MAY ALWAYS CHOOSE IF YOU WISH OR NOT TO PROVIDE SUCH INFORMATION. IN FACT, NONE OF YOUR DATA CAN BE COLLECTED WITHOUT YOUR CONSENT.

 

If you choose not to provide the requested information, you may not be able to use and receive certain benefits, resources or functions from our service platform.

Further than the uses already mentioned in this Privacy Policy, we may use your Personal Information for:

  • send you information or content from Phelcom that we believe to be of your interest, through publications, emails and other means, as well as send marketing communication related to our company, always according to your communication preferences;
  • improving our software specific functionalities, such as machine learning;
  • provide other partners anonymized statistics about our users, provided that such information will not be used to identify any specific user;
  • send you information about changes on our Terms of Use, Privacy Policy or other legal documents;
  • fulfill legal requisites.

 

BY USING THE WEBSITE, AS WELL AS EYER AND EYERCLOUD APPLICATIONS, YOU AGREE THAT PHELCOM MAY SHARE YOUR INFORMATION WITH HEALTHCARE PROFESSIONALS AND/OR INSTITUTIONS, AND ALSO PHYSICIANS, CLINICS AND HOSPITALS SO THAT THEY CONTACT YOU TO PROVIDE INFORMATION ON EXAMS AND REPORTS MADE THROUGH THE PHELCOM SERVICE PLATFORM, TO OFFER OTHER SERVICES OR CARRY OUT RESEARCHES. THESE THIRD PARTIES ARE FORBIDDEN OF USING YOUR PERSONAL INFORMATION, EXCEPT FOR THESE PURPOSES, AND THEY OUGHT TO PRESERVE THE CONFIDENTIALITY OF YOUR INFORMATION.

Phelcom may follow the websites and pages you visit, as well as other applications you use, in order to determine which healthcare services are the most popular. Phelcom may also track how long you use the telephone. This information is used to show content in our Applications for customers whose behavior indicates interest for specific areas.

Use of Navigation Data

We use Navigation Data to operate and improve our Website and Applications. We will also use Navigation Data isolatedly or in combination with Personal Information to provide you personalized information on Phelcom.

User comments and testimonies

In our Website and Applications, we post testimonies and comments from Users as you, which may contain Personal Information. We obtain consentment via email from each User before posting your name and testimony.

Use of credit card data

If you provide credit card data, for example, to subscribe to our paid content in EyerCloud Application, we will use it exclusively to check your financial qualifications and for payment purposes. We use a service provider to manage credit card processing. This service provider is not allowed to store, retain or use the data you provide, except for the only purpose of credit card processing on our behalf.

Safety of your Personal Information

We use various safety technologies and procedures to help secure your Personal Information against unauthorized access, use or disclosure. We secure the Personal Information you provide in computer servers in a controlled environment, secured and protected against unauthorized access, use or disclosure. All the Personal Information is secured by physical, technical and organizational measures.

Social Media Resources

Our Website and Applications include Social Media Resources, as the Facebook like button and Widgets as the share button, or interactive mini-programs which run in our websites. Such resources may collect your IP address, the page you are visiting in our websites and may also set a cookie to allow the resource to work correctly. Social Media Resources and Widgets are hosted by a third party or directly in our Website and Applications. This Privacy Policy does not apply to these resources. Your interactions with such resources are governed by the privacy policy and other policies from the companies that offer them.

External websites

Our Website provides links to other websites. We do not control nor are we responsible for their content or practices. The fact we provide these links does not consist of our endorsement to the sites, nor their content, proprietors and their practices.  This Privacy Policy does not apply to these other sites, which are subject to other privacy policies and other suitable policies.

Public Forums

We offer boards for User messages and community forums for public access to our Eyer Software. Keep in mind that, if you disclose any information directly through our message boards, blogs or forums, this information may be obtained and used by others. In case you request, We will correct or remove any information you have posted on our Website at your request, as described in “Voluntary exclusion and unsubscription” below.

Retention of Personal Information

 

The period we retain information collected about you depends on the type of information, as described below in further details. After that period we will remove or anonymize your information or, if this is not possible, we will securely store and isolate them so that they are not used until removal is possible.

We retain the Personal Information you provide us when we have a continuous and legitimate commercial need for that (for example, if it is necessary to contact you in order to speak about the paid subscription service or our other services, or, still, according to which is necessary to fulfill our legal liabilities, solve disputes and enforce our contracts).

When we have no continuous and legitimate commercial need to process your Personal Information, we will remove or anonymize your date irreversibly or, if this is not possible, we will securely store and isolate your Personal Information, so that they are not processed until removal is possible. We will previously remove this information from the servers at your request, as described in “How to cancel the subscription to our communications” below.

In case you chose to receive our marketing communication, we will retain information on your marketing preferences for a reasonable period from the last date you expressed interest for our contents, products or services, such as the last time you opened an email message we sent you or stopped using your Phelcom account in our Applications. We retain information derived from cookies and other tracking technologies for a reasonable period from the date when such information was created.

3. How we share the information we collect

Service providers

We hire other companies and private individuals to provide services to our Website and Application visitors, our Users and/or Customers, making it eventually necessary to share your information with them in order to provide you information, products or services. Examples may include carrying out image and exam analysis as well as making online reports, removing recurring information from prospect lists, conducting statistical data analysis, providing marketing assistance, processing credit card payments and complementing the information you provide us  in order to improve our service and provide you customer support. In all cases we may share your information to the cited agents, we explicitly demand they recognize and respect our privacy policy and customer data processing.

Phelcom Partners

Advertisement: We are partners of a third-party ad network to convey advertising material to our Website or to manage or advertising in other websites. Our ad network partner uses cookies and web beacons to collect non-personal information on your activities in this and other websites, in order to present you the segmented advertising based on your interests. If you do not want this information to be used for presenting segmented advertising, request cancelling this service.

We may share aggregate information without personal identification with our partners, such as advertisers and related websites. We may also publicly present information to show tendencies about the general use of our services. We may likewise use aggregate and information without personal identification to carry out quantitative scientific research.

Corporate events

In case we (or our assets) are acquired by another company, either by merger, acquisition, bankruptcy or otherwise, this company will receive all the information Phelcom gathered about the Website and Eyer and EyerCloud Appliications. In this case, you will be notified via email and/or a highlighted warning in our website about any alteration in the company property, use of your Personal Information and the choices you may have towards your Personal Information.

Duty of disclosure

We reserve ourselves the right of use and disclosure of your Personal Information if it is requested by law or if we reasonably believe the use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate frauds or comply with a law, court order or legal process.

International data transfers

This Privacy Policy is applicable even if we transfer Personal Information to affiliated or partner companies located in other countries. We take the appropriate measures to ensure your Personal Information remains secured. In case we come to share information about you with Phelcom affiliates headquartered in other countries, we will use the standard contractual data protection clauses approved by the European Commission and will use the EU-US and Switzerland-US Privacy Shield Framework to protect the transfer of data eventually collected within the European Economic Area and Switzerland. 

International transfers to third parties 

Some of the third parties described in this Privacy Policy, which provide us services according to a contract, are headquartered in other countries that may not have privacy and data protection laws that are equivalent to the country where you reside.When we share information from customers that are in the European Economic Area and Switzerland, we will use the EU-US and Switzerland-US Privacy Shield Structures, the standard contractual data protection clauses approved by the European Commission, binding corporate rules on transfers to operators data or other legal mechanisms to protect the transfer.

4. Cookies and similar technologies

Cookies

Phelcom and its partners use cookies or similar technologies (such as web beacons) to analyse tendencies, manage the website, track user movements on the websites and gather demographic information about our user base as a whole. In order to know how we use cookies on our Website and how to manage your cookie preferences, consult our Cookie Policy

Flash Cookies and other tracking technologies from third parties

Adobe Flash Player and similar applications use a technology to remember settings, preferences and use which are similar to  browser cookies, but they are managed by a different interface than the one your browser provides. This technology creates locally stored objects that are frequently called “Flash cookies”. Phelcom does not use Flash cookies.

Tracking technologies from third parties

Use of cookies or web beacons by any tracking company is not covered by our Privacy Policy, nor by our Cookie Policy.

5. Your rights: how to access and control your Personal Information

Review, correction and removal of your Personal Information

You have the following data protection rights:

  • You may request access, correction, update or removal of your personal information;
  • You can oppose to our processing of your personal information, request us to restrict your personal information processing or request portability of your personal information;
  • In case we have gathered and processed your personal information with your consentment, you may cancel your consent whenever you want. Cancelling your consent will not affect the legality of any processing we conducted before, nor will it affect your personal information processing according to lawful processing, regardless of your consent;
  • You have the right to complain to a data protection authority about our gathering and use of your personal information.
How to cancel a subscription to our communications

You may cancel the subscription to our marketing communication by clicking the link “cancel subscription” in the lower part of our emails, updating your communication preferences.

In order to exercise any of such rights, send an email to privacidade@phelcom.com.br or write to PHELCOM TECHNOLOGIES LTDA. – ME, 820, José Missali Street – Santa Felícia, ZIP CODE 13.562-450 – São Carlos / SP, Brazil.

We will answer your request for changing, correcting or removing your information within a reasonable period and notify you about our course of action.

Anti-spam policy

 

Our policy of responsible use is available in our Terms of Service Use and it applies to us, our customers and users and, inter alia, forbids the use of our Subscription Service to send unrequested commercial emails and demands inclusion of a “cancel” mechanism in all emails. We demand all our customers and users to agree on adhering to our Terms of Use, and any violation of such terms may result in suspension or immediate resignation from the Subscription Service.