Accordo per gli utenti
The present Terms and Conditions of Use refer to the service provided by consultorio.me, which is basically to offer services over the internet to professionals and companies.
The services available by the Consultorio.me on the site https://consultorio.me/ are governed by the following clauses and conditions.
By electronically accepting this Term, by clicking on the button "I agree" in the main page of the Consultorio.me, the User will automatically agree to submit in full to the present/future terms and conditions and will also accept the provisions of the policies of the site.
This Term is in accordance with the GDPR.
The services will be offered through the website https://consultorio.me and also, through the mobile application of the Consultorio.me, which is available in Android (Google Play) and iOS OS (Apple Store).
The Consultorio.me offers - free of charge - a series of management services for clinics, for professionals of diverse areas, such as doctors, psychologists, dentists, veterinarians, massage therapists, trainers, beauticians, etc., who need to manage their patients/clients, as well as their timelines, answers, records and payments.
The Consultorio.me also offers paid and predefined plan/services.
The services are acquired as subscriptions to a single User. Each User has an individual access account. The User account is for personal use and cannot be transferred to any other User.
The User must fill out the registration form with accurate and true information. The User also assumes the commitment to update all data it may have on the site whenever there is a change. The Consultorio.me reserves the right to use all legal means to identify Users, as well as to temporarily or permanently disable Users who submit false information or Users who have data that cannot be verified by the Consultorio.me. Upon cancellation of the User's registration, its access to the site and any service will be automatically canceled, making impossible any type of compensation or restitution.
3. Maintenance of the Access Account
The User will keep its password as a secret and will be responsible to keep it and preserve it securely. The User will access its account through its email and password, in addition, the User can also access it’s using a Facebook or Google profile, taking full responsibility for the use of these accounts. The User also undertakes to notify the Consultorio.me immediately, through a secure mean, about any unauthorized use of its account, as well as the unauthorized access by third parties to it.
The Consultorio.me is not responsible for any loss or damage caused by the User's errors.
4. Use of Our Services
It’s the responsibility of the Consultorio.me to provide support for the operation of the application and the website, which implies clarifying doubts regarding the use of the service and correcting errors derived from the application itself.
The Consultorio.me will be responsible for maintaining the service available 24 hours a day, 7 days a week, except for: (a) planned downtime; or (b) any unavailability caused by circumstances beyond our reasonable control, including, without restrictions to government acts, fires, floods, earthquakes, civil disturbances, acts of terrorism, strikes, or failures and delays of the Internet service provider.
1. Act in accordance with morals:
2. Don’t maliciously exploit the security of the system:
3. Keep a personal copy of the data
The Consultorio.me offers tools for the User to export and have a personal backup of all its information. This information will be exported in a common format (Microsoft Excel). It’s the User's responsibility to make a periodic copy of its information. The exported file will be compressed in ZIP format and protected by a numeric password provided at the same place where the export is requested.
It is the User's responsibility to inform Consultorio.me in case of failure, even if partial, in the use of backup and data export tools. The User must verify that the result of the export of his information is complete and in accordance with the information registered in Consultorio.me.
After requesting a backup copy, Consultorio.me may take up to 72 hours to generate and make the file available for download. This file will be available for download for at least 30 days.
The Consultorio.me can go through periods of maintenance/unavailability or even exceptionally suffer loss of data, being necessary for the User to keep a personal backup of its information. The Consultorio.me is not responsible for any loss or damage caused by the unavailability of any information.
4. Guarantee the veracity, quality, integrity and legality of the data and the means by which these are acquired.
5. Act to prevent any unauthorized access or use of services and notify us immediately of any unauthorized access or use.
6. Use the services only in accordance with the software service description, government laws and regulations.
7. Not to sell, resell, rent or lease the services.
8. Sending and receiving files to the Consultorio.me system:
Only Users are responsible for the storage of their files. Therefore, they are responsible for verifying whether the files sent contain viruses or not. In addition, the Users are responsible to verify if the files correspond to what they announce.
9. Each User is responsible for its own actions in the system and, therefore, must respond legally for the same.
The User declares and guarantees that all the contents inserted by him in the Consultorio.me system:
1. Comply with all applicable laws, statutes, decrees and regulations;
2. Don’t infringe, or break any obligation or right of any person or entity including, without limitation, intellectual property rights, publicity or privacy; or any rights and obligations, including consumer rights, product liability, crime or contract theories;
Attention, User: the data stored in the system may vary according to the medical specialty of each user / professional, so that information can be added that is considered sensitive, such as diseases and data on minors. In order for us to always comply with the law, we emphasize that your patients must be informed about the use of Consultorio.me. We also emphasize that the User is responsible for the domain of patient information registered in Consultorio.me.
Consultorio.me is just a support tool to assist professionals (each of our Users) in their respective jobs, acting, for this, with the best and safest form of protection and storage of the data provided by the User.
The Consultorio.me uses "cookies" to improve the experience during your visit to our application or website.
What are Cookies?
A cookie is a text file stored in the browser of the User’s computer or mobile device that is created when the User accesses a site or application. It allows to identify the User's device and show the information of the site or application adapted to its preferences. In addition, a Cookie is used to remember the visited site and it’s recognized when the User returns to access the site.
Why are Cookies used?
Cookies are used to adjust the content of the sites to the preferences of the User and also to optimize the use of sites and applications. Cookies store useful information to improve and simplify the experience of using the site or application.
6. Integration with third party applications and their data
When installing or enabling the use of third party applications with the services of the Consultorio.me, the User will be allowing the providers of these applications to access some data. This means that the Consultorio.me is not responsible for any disclosure, modification or elimination of the shared data through the integration of third party applications. The Consultorio.me will only be responsible for the contents stored under its jurisdiction. The Consultorio.me will not be responsible or guarantor of the availability of third-party services.
The Consultorio.me reserves the right to modify the conditions presented in these Terms at any time, through updates on the site or by notifying Users by email.
8. Suspension, Cancellation and Deletion of User Accounts
Consultorio.me reserves the right to cancel and delete inactive user accounts, without access registration for a period greater than 180 days.
9. About Certificates and Regional Councils
Consultorio.me is not affiliated and has no link with any body, entity or council, be it - regional, federal, certifying or international related to the user's profession or specialty.
It is the User's responsibility to verify that the use of the tools offered by Consultorio.me are in accordance with the laws, rules and rules of their profession.
10. Property Rights
Without prejudice to the rights expressly granted in this contract, the Consultorio.me reserves all rights, titles and interests related to the Services, including all related intellectual property rights. The concession of use doesn’t transfer any property rights relative to the products and services established here.
Users must not infringe the rights of third parties, particularly those pertaining to personal rights (including, but not limited to honor, name and image of the person) or copyright (such as reproduction, modification or disclosure of other works without the express authorization of the owner).
The materials subject to copyright protection are described in Law No. 9.610/98. As a general rule, the User owns the copyright of any information he/she makes available in the system, either as the author, having the authorization of the original owner of the rights or as transferee of the rights.
The User is responsible for the information provided to the Software and must take into account the legislation in force, both on the formal aspect (as well as the subject of the author's rights), and for the content (which must not violate the positive rules or good manners and the general principles of society).
Thus, the Consultorio.me will not be held liable in a civil or criminal way by virtue of any eventual damage, whether moral or material, caused by the works registered in the system, whether these damages have been caused to other registered Users or third parties
The User involved in reports of irregularities or infractions of the rights of third parties undertakes, therefore, to exempt the Consultorio.me from any litigation that may arise corresponding to the damages caused. In the event that the Consultorio.me is held liable for any type of moral or material damage to third parties, the Consultorio.me will begin an indemnification action against the User, which accepts from now on to assume the procedural costs and attorney's fees derived from the legal action.
Any suggestion, request for improvements, recommendations or other ideas provided by the User, related to the operation of the system, will not give the User any right of retention, use or compensation.
11. Confidentiality and General Data Protection Regulation
The Consultorio.me, aware and adhering to the General Data Protection Regulation (GDPR) of the European Union, ensures that it will not collect data from its consumers beyond those relevant to the business and the operation of the system, emphasizing that the data collected will only serve to the viability of the services and functionalities offered by the Consultorio.me.
The information registered in the Consultorio.me by the User is the property of the User and will not be disclosed to third parties, unless the disclosure is required by law or by a public body, obliging itself to notify the User of the disclosures that must be made.
The Consultorio.me may have access to User information only for system maintenance or technical support requested by the user.
The contact information of the patients/clients, as well as the address, telephone and email, will only be used for contacting the User, sending notices or sharing information about the Consultorio.me to its patients/clients; The Consultorio.me will not use the information for direct communication purposes.
The data is stored in the cloud, in secured servers specific for that purpose, and may be removed by express request of the User or its patients/clients.
12. Information Security
The Consultorio.me deals with the security of the User information and takes several steps to provide a safe environment.
Some measures taken are: encryption of the electronic records, secure HTTPS connection using an SSL certificate, transparent encryption of the database and automatic backup.
The Consultorio.me stores the information in cloud servers, using the security infrastructure of companies that are market leaders and recognized for their quality (Microsoft Azure / Amazon AWS).
However, it should be noted that the content of the data to be inserted and stored in the Consultorio.me is the responsibility of the User, so we recommend its attention and care to prevent the stored information from causing any kind of constraint or violation of the privacy of the User’s patients/clients.
Due to the fact that the Consultorio.me only stores customer/patient data, we don’t perform any type of analysis on this information – because it’s not part of our services - (except for maintenance of the system or technical support requested by the user) - which is why we recommend special attention from the User regarding the information provided by its patients/clients. The content of this data is the responsibility of the User.
13. Limitation of Liability
In the terms specified herein, the Consultorio.me will not be held responsible for the acts practiced by its Users, whether in civil or criminal actions.
In case of damage caused by one of the parties, it will be repaired exclusively by the party causing the damage, without the need of subsidies or solidarity.
14. Agreement with the Terms
15. Updates and System Maintenance
The Consultorio.me can go through updates, receiving new functionalities, deactivating existing functionalities, improving functions and correcting errors.
Updates and maintenances will be carried out without prior notice and may lead to a temporary unavailability of the system.
16. Cessation of Activities
The Consultorio.me reserves the right to cease its activities, provided that the User is informed of this decision at least 180 days in advance.
17. Applicable Legislation and Elected Forum
This contract will be governed by the laws of Brazil, and the contracting parties must comply with Brazilian laws and regulations. Without limiting the foregoing, each of the parties declares not to be civilly and criminally prevented from accepting the contract.
The Forum of the District of Santos, located on the coast of the state of Sao Paulo, will be chosen to resolve any eventuality or controversy that may arise.
18. Information collected and processed by Consultorio.me:
1. What data is collected:
1. All data reported by the user is collected, according to his / her needs;
2. Records of activities in the system, such as incoming and outgoing, use of features, source IP and support requests.
1. How they are collecteds:
They are collected at the time of registration on the system by the user, in addition to being automatically captured when performing actions on the system (such as login or user action capture events in order to measure the use of the functionalities).
2. What is the use of the information collected:
The information is used to make the services and features offered by Consultorio.me viable, with the strict objective of providing the best possible experience for the User.
3. How information is kept secure
Consultorio.me values the security of User information and takes several measures to provide a secure environment.
Some measures taken are: encryption of electronic medical records, connection with SSL certificate (identified by the “https” protocol in the address bar), transparent encryption of the database and automatic backup.
Consultorio.me stores the information in cloud computing services, using the security infrastructure of companies that are market leaders and recognized for their quality in the provision of services (Microsoft Azure / Amazon AWS).
Due to the fact that Consultorio.me only stores customer / patient data - as it is not part of the service we offer and even for reasons of confidentiality and privacy, we do not carry out any analysis on such information (except for maintenance purposes) system or technical support requested by the user) -, we recommend special attention to the User about the information of their patient / clients to be recorded. The content of this data is the responsibility of the User.
4. – Sharing information with third parties:
No information, except by law, is shared with third parties.
5. – User control of information:
It is the right of the User, at any time, upon express expression, to obtain:
1. confirmation of the existence of data processing;
2. a copy of your information in the system;
3. the correction of incomplete, inaccurate or outdated data;
4. the blocking or elimination of unnecessary, excessive or treated data that does not comply with the provisions of this Law;
5. the portability of data to another service or product provider, upon express request, in accordance with the regulations of the national authority, subject to commercial and industrial secrets;
6. the elimination of data processed with the consent of the holder and his records, except in the cases provided for in art. 16 of the LGPD;
Obs.: When requesting the deletion, the data will be inactivated immediately, but the deletion of the system may take up to 180 days to take effect.
7. information from public and private entities with which the controller shared data use;
8. information about the possibility of not giving consent and about the consequences of the refusal;
9. revocation of consent.
For better understanding of this Term, the following must be understood:
1. Personal data: information relating to an identified or identifiable natural person
2. Sensitive personal data: information about the natural person with discriminatory potential, such as, for example, genetic data, biometric data processed simply to identify a human being, health related data, data relating to the person's sexual life or sexual orientation.
3. Treatment: the entire operation, or set of operations, automated or not, performed with personal data, such as: collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, disposal, evaluation or control of information, modification, communication, dissemination, diffusion or extraction.
4. Third: the natural or legal person, the public authority, the service or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorized to process personal data;
5. Consent of the data subject: manifestation of will, free, specific, informed and explicit, by which the data subject accepts, by means of an unequivocal positive statement or act, that the personal data concerning him / her be treated;
6. Violation of personal data: breach of security that causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subject to any other type of treatment;
7. HTTPS connection with SSL certificate: through a certificate issued by a certifying entity, it is possible to establish secure communication between server and application;
8. Cryptography: set of principles and techniques used to encrypt information, make it unintelligible;
9. Cloud computing: providing computing services, including servers, storage, databases, networking, software, analytics and intelligence, over the Internet (“the cloud”) to deliver faster innovations, flexible resources and economies of scale;
10. LGPD: General Data Protection Law - Brazilian law No. 13,709, of August 14, 2018;
11. GDPR: General Data Protection Regulation - (UE) 2016/679.