Your privacy and the data you provide us are of the highest priority for TELEMEDIK. Through this privacy policy, we inform you about the data we obtain, for what purpose and how we protect them. Likewise, we explain your rights recognized in the EU Regulation 2016/679 regarding the protection of natural persons about the processing of personal data (hereinafter RGPD) and in the Telephone Services Consumer Protection Law (TCPA, for its acronym in English) regarding communications, and we do it in clear and simple language, as it is the best way for you to be duly informed.

For all these reasons, you must read this Privacy Policy, and if you have any doubts, questions, or clarification, you can contact us through the email fulfillment@telemedik.com.

1. IDENTITY OF THE RESPONSIBLE AND CONTACT DATA

Your privacy and the data you provide us are of the highest priority for TELEMEDIK. Through:

1.2. The person responsible for the data and its treatment.

• Identity: JAYE, INC DBA TELEMEDIK (Hereinafter, TELEMEDIK)
• Postal Address: PMB 347 Ave. Winston Churchill #138, in the city of San Juan (Puerto Rico), 000926-6013y
• Contact Form: https://telemedik.com/tlmk/es/contactenos/
• Telephone: 787-999-6200
• Contact: fulfillment@telemedik.com

1.3. Likewise, TELEMEDIK may share the data of the users (“Users”) who register on the web or App (“Platform”) and of the people who contact TELEMEDIK through the forms present on its Platform with each of the subsidiaries for the purpose of being able to offer the services requested by Users through the Platform.

1.4. This privacy policy provides information regarding the processing of the personal data of our Users, job candidates, Users of social networks who interact with us and users of the contact form on our website, following the provisions of the Regulation General Data Protection (“RGPD”).

2. PROCESSING OF USER DATA THAT IS COLLECTED AND PURPOSE OF THE COLLECTION OF THESE

2.1. The services offered by TELEMEDIK are indicated and explained in detail in the Conditions of Use of the Platform.

2.2. To provide the user of the TELEMEDIK platform with correct access and use of the services provided therein, a series of data is requested that are essential to facilitate contact between registered users.

2.3. For you to understand the terms that we use in this Privacy Policy, we proceed to define them, for your better understanding:

• Platform means the website and/or mobile application APP that provides the service.
• Account, Means the access interface for Registered Users, which grants full visibility in order to be identified, and allows access to all the functionalities of the Platform, previously accepting the Conditions of Use contained herein.
• Visitor refers to a user who visits the Platform, without completing the registration process and is not a member of the Platform.
• User means the user who is of legal age, from any country, who has successfully completed the registration process, and whose profile has been accepted and reviewed by TELEMEDIK, having an Account on the Platform.

At the time you access the services of the Platform, you must do so as a Registered user. There are registered users (they do not have an SOS service; access is limited to certain functionalities) and registered paying users (they can access the SOS service).

2.4. Processed data.

2.4.1. The information that USERS provide us directly:

• Registration Data: the information that the User provides us when creating an account on the TELEMEDIK Platform: Username and email.
• User Profile Information: the information that the User adds to the Platform in order to be able to use the TELEMEDIK service, that is, the User’s mobile phone and address. The User can see and edit the personal data of her profile when he deems it appropriate. TELEMEDIK does not store the User’s credit card data, but these are provided to licensed electronic payment service providers, who will directly receive the included data and store it to facilitate the User’s payment process and will manage it on behalf of the User. of TELEMEDIK. In no case is this data stored on the TELEMEDIK servers. The User may, at any time, delete the data of their cards linked to their account. With this action, the service provider will proceed to delete the data and it will be necessary to re-enter or select them in order to place new orders through the Platform. At any time, the User may request the privacy policies of these providers.
• Additional information that the User wants to share: the information that the User could provide to TELEMEDIK for other purposes. For example, a photograph of you or your billing address, if you request to receive invoices from TELEMEDIK.
• Information about the communications made with TELEMEDIK: TELEMEDIK will have access to information that Users provide for the resolution of doubts or complaints about the use of the platform, either through the contact form, by email or through the service of telephone customer service.
• Transcription and recording of the conversations maintained by the USER with TELEMEDIK for the processing of incidents, doubts or other queries that could be made.
• Information on communications between users and Agents: TELEMEDIK will have access to the communications that Users make with Agents who collaborate with the Platform through forms available and provided on the Platform.

2.4.2. The information that USERS provide us indirectly:

• Data derived from the Use of the Platform: TELEMEDIK collects the data derived from the Use of the Platform by the User each time the latter interacts with the Platform.
• Application and device data: TELEMEDIK stores the device and Application data that the User uses to access the services. These are:
  • Internet IP address used by the User to connect to the Internet with their computer or mobile.
  • Information from your computer or mobile, such as your Internet connection, your browser type, version and operating system, and device type.
  • User account data: the information on the services requested by the User, as well as the ratings and/or comments made about them.
  • The browsing history and preferences of the User.
• Data derived from the User’s origin: if the User reaches the TELEMEDIK Platform through an external source (such as a link from another web page or a social network), TELEMEDIK collects the data from the source of the that the TELEMEDIK User comes from.
• Data derived from incident management: if the User addresses the TELEMEDIK Platform through the Contact Form or through the TELEMEDIK telephone, TELEMEDIK will collect the messages received in the format used by the User and may use and store them to manage present or future incidents.
• Data derived from “cookies”: TELEMEDIK uses its own and third-party cookies to facilitate navigation for its users and for statistical purposes (see Cookies Policy).
• Data derived from external third parties: TELEMEDIK may collect information or personal data from external third parties only if the User authorizes these third parties to share the aforementioned information with TELEMEDIK. For example, if the User creates an account through his Facebook, Facebook could transfer us personal data of said User in case he had them in his Facebook profile (name, gender, age…).
  • In the same way, if the user accesses TELEMEDIK through the services offered by Google, Google may send the User’s browsing data to TELEMEDIK, with access to the platform through the links created by Google.
  • The information provided by the external third party may be controlled by the User according to the external third party’s own privacy policy.
• Geolocation data: as long as the Users authorize it, TELEMEDIK will collect data related to their location, including the real-time geographic location of the User’s computer or mobile device.

2.5. Purpose

2.5.1. Use the TELEMEDIK Platform

TELEMEDIK uses the data it collects from Users so that they can access and communicate with the TELEMEDIK platform, and to provide the services they request through their account on the TELEMEDIK Platform, according to the mechanism described in the “Terms of Use”.

2.5.2. Sending communications

• TELEMEDIK uses User data to communicate via email and/or send SMS to the User about the operation of the service.
• TELEMEDIK may send messages to the User’s mobile with information regarding the status of the requested service, and once it has finished, TELEMEDIK will send a summary/receipt of the service and its price to the User’s email.
• TELEMEDIK may send messages to the User’s mobile once the User has shared their telephone number on our platform, and/or has provided their written authorization on our website or in writing. The User will have the option to request that messages not be sent to the mobile by following the instructions for this, as established in the message.

2.5.3. Detect and investigate fraud and possible commission of crimes

• TELEMEDIK also uses the information to investigate and analyze how to improve the services it provides to Users, as well as to develop and improve the characteristics of the service it offers. Internally, TELEMEDIK uses the information for statistical purposes to analyze the behavior and trends of Users, to understand how Users use the TELEMEDIK Platform, and to manage and improve the services offered, including the possibility of adding new distinctives to the platform.
• TELEMEDIK may control all actions that could lead to fraud, or the commission of any crime related to the payment elements used by users, TELEMEDIK may request the user a copy of their Identity Document, as well as certain information about the card bank used for the order request. All data will, in any case, be processed by TELEMEDIK for the sole purpose of fulfilling the functions of surveillance and fraud prevention. However, TELEMEDIK does not keep or store the payment data or those relating to the credit card used by the User, with the result that these are provided to licensed electronic payment service providers, who will directly receive the included data and store it for facilitate the payment process to the User and will manage it on behalf of TELEMEDIK.

2.5.4. Guarantee security and an adequate environment for the safe provision of services

TELEMEDIK may use the data to ensure the proper use of the services requested on its Platform. (Ensuring clinical advice, guaranteeing services to people over 18 years of age, etc…)

2.5.5. Comply with regulations, defense and filing of actions

TELEMEDIK informs the user that the conversations that are carried out through the available forms and may be reviewed and used by TELEMEDIK for the filing and/or defense of claims and/or necessary legal actions, as well as for the management of incidents in services.

2.5.6. Promotion and making commercial offers on services (online and offline)

TELEMEDIK uses third-party technology integrated into its Platform for the purpose of collecting your data and preferences and using them with CRM systems and advanced technology for the benefit of Users. Thus, through the information collected, the following processing of your data will be carried out:

• TELEMEDIK may send promotional messages and/or offers related to the service it offers and that may be of interest to the User by email. TELEMEDIK may measure and personalize such advertising based on the preferences of TELEMEDIK Users. If the TELEMEDIK User wishes not to receive the aforementioned information and/or communications, they may choose at any time the option to “Cancel the subscription” in the email itself, and consequently, TELEMEDIK will immediately cease sending the aforementioned information.
• TELEMEDIK may also send the User messages and/or offers related to said services by means of notifications consisting of sending said promotional messages and/or offers to their mobile phone. If the TELEMEDIK User wishes not to receive the commercial communications of this point, the User may eliminate them, deactivating their privacy preferences in their profile with a single click.
• TELEMEDIK and/or third parties associated with TELEMEDIK, may use the service provision address entered by the User for the purpose of carrying out promotional activities for the delivery of samples or free products of the service related to TELEMEDIK (i.e. advertising brochures).
• Through the use of the TELEMEDIK Platform, Users may also receive commercial communications from third parties associated with the Platform such as Facebook and Google, all based on the privacy preferences that the User has on said Platforms.

Users may use their privacy management center for the purpose of unsubscribing from online “marketing” services or canceling their account if they do not agree to receive samples together with TELEMEDIK orders.

2.5.7. Statistical purposes and service analysis

• TELEMEDIK uses the information for statistical purposes in order to analyze the behavior and trends of Users, to understand how Users use the TELEMEDIK Platform, and to manage and improve the services offered, including the possibility of adding new badges to the Platform.
• TELEMEDIK also uses the information to investigate and analyze how to improve the services it provides to Users, as well as to develop and improve the characteristics of the service it offers.

2.6. registration process

In the registration process we differentiate mandatory information and additional information that is voluntary.

a) Registration on the Platform

To access the Platform and visit it, you must complete a registration, indicating your email and access password. Likewise, you must read and accept the conditions of use and the privacy policy. Once completed, you will receive a link in the email provided, and you will be able to complete the registration form.

All the fields that appear marked with an asterisk (*) in the registration form are mandatory to fill in; if you decide not to complete any of them, you will not be able to register on the Platform and you will not have visibility. The rest of the fields in which the asterisk does not appear refer to additional information that you can decide to fill in or not.

You will be asked to provide the following personal information, without which it will not be possible to complete the registration:

Guardian Information:

• Name and surname
• Identification document
• Mobile
• Direction
• Date of birth

Likewise, only the fathers and mothers who hold parental authority, guardians, and/or legal representatives, can provide the information of minor children. If the child is under 16 years of age, the information provided will only be considered lawful if the consent was given or authorized by the holder of parental authority or guardian, and only to the extent that it was given or authorized. For all these reasons, we request the family book, as a reasonable means and instrument to verify that you are a family, and that you are the persons legally authorized to provide information.

2.7. Express consent for the use of images on the blog and on social networks of TELEMEDIK

Those Users who participate by explaining their experience and/or sharing images or photographs on the Blog or on the social networks in which TELEMEDIK has an active account (Facebook, Instagram and/or LinkedIn), TELEMEDIK must obtain their express consent.

2.8. Subscription to our blog newsletter

To receive posts from our blog, newsletters or advertising and commercial information, TELEMEDIK must obtain your express and specific consent to do so.

You should know that you can revoke your consent at any time through the cancellation of the subscription that you will find at the bottom of the communications that we send you or also by sending an email to info@telemedik.com.

3. RECIPIENT OF THE DATA

3.1. We use the personal data that you voluntarily provide us, solely and exclusively, for the provision of the service.

3.2. Logically, when you use the service you share information with other users, so you must ensure that you provide information whose content you accept to be public, since when you share information with third parties we cannot guarantee or control what they do with the information provided.

4. CONSENT TO DATA PROCESSING

4.1. In accordance with articles 6 and 7 of the RGPD, we use the information that you provide us in a lawful and legitimate manner, with your prior express consent, which you grant by accepting this Privacy Policy that will appear in the process of completing the registration.

4.2. Likewise, we do it because it is necessary for the execution of the service contract, being mandatory to be part of the Community, the prior acceptance of the Conditions of Use of the Platform and the Privacy Policy.

4.3. When necessary to comply with a legal obligation.

4.4. When the treatment is necessary for the fulfillment of a mission carried out in the public interest or in the exercise of public powers conferred on the controller.

4.5. If it is necessary for the satisfaction of legitimate interests pursued by the data controller or by a third party, provided that the interests or fundamental rights and freedoms of the interested party that require the protection of personal data do not prevail over said interests, in particular when the interested party is a child.

5. COOKIES

5.1. We may use technology called “cookies” to know and collect information about the use of the Platform. We can do it to distinguish you from other users and analyze your browsing habits, and ultimately to improve our service offerings. You can consult our Cookies Policy to have all the information.

6. EXERCISE OF YOUR RIGHTS REGARDING YOUR PERSONAL DATA

The User may exercise their rights at any time for free through the form on the Platform. He may also exercise his rights by writing an email to the following email address: fulfillment@telemedik.com. In this email, the right to be exercised must be specified, as well as the identification and registration data on the Platform, if applicable. If, to verify the identity, we need additional data to those you provide us, we will inform the User in this regard.

You can exercise the following rights:

a) Information: You have the right to know and request the personal information we collect.

b) Access: You can request information to know if your data is being processed or not and for what purpose and in what way, and if you request it, obtain a copy.

c) Rectification: To request a rectification of the inaccurate data, or where appropriate, request the correction, modification or update thereof. In addition, you can request that they be completed with an additional statement.

d) Deletion: You have “the right to be forgotten” and therefore you can, by your own decision, request the deletion/elimination of your personal data so that they are no longer processed, either because they are not necessary for the purpose for which they were collected, or because they are treated in another way, or even for the simple fact of withdrawing your consent for the treatment.

e) You must bear in mind that, in various cases, the deletion of your data, totally or partially, may imply the deletion of your User Account.

f) Limitation of treatment: You can exercise the right to limit the treatment of your personal information, requesting the limitation of its use, or its conservation for the exercise or defense of claims.

g) Data portability: You have the right to request that the personal data provided be sent to you, in a structured format, for common use and mechanical reading, and to transmit it to another data controller, without being prevented by the data controller. that you would have provided them. In case you want your data to be processed by another company, TELEMEDIK will facilitate the portability of your data to the new person in charge.

h) Opposition: At any time, you can oppose the further processing of your personal data, if there are no reasons for it. After your opposition to the treatment, TELEMEDIK will stop treating the data in the way you indicate, unless for compelling legitimate reasons or the exercise or defense of possible claims they have to continue treating.

i) Revoke consent: You can revoke your consent at any time, although this will not affect the legitimacy and legality of the data processing that results from the consent prior to revocation.

j) To file a claim with the control authority: If you consider that we have not treated your personal data properly, you can contact us. However, we inform you that you have the right to file a claim with the Spanish Data Protection Agency if you consider that an infringement of data protection legislation has been committed regarding the processing of your personal data. In the rest of the countries of the European Union, you can file the claim with the competent authority of your country of residence.

7. HOW LONG WE STORE YOUR DATA

7.1. We maintain and process your information while the Account is active, and to comply with our contractual and legal obligations and for the purposes of the treatment. When you cancel your account, we will delete the information you have provided, and, subsequently, we will only keep it for the legally required periods, or for a longer period authorized by law for specific purposes, such as for the formulation, exercise or defense of claims of the interested party.

7.2. As we have previously informed you, when you cancel your account, we eliminate the information provided, although in certain cases, for legal reasons, it is not possible to delete all the data, for example, for the fulfillment of obligations or data with tax significance. during the legally established period of 4 years. Likewise, we can also keep them in cases where we need the data for the exercise of legal actions or defense of claims, or during the prescription periods of the actions derived from the legal relationship that founds the treatment, in the terms provided by civil legislation. or commercial that is applicable. During this period, the account will not be visible to the rest of the users, nor will it participate in the Community services, and the data will be blocked within the legally established periods.

8. DATA TRANSFER AND OTHER RECIPIENTS OF PERSONAL DATA

8.1. In the choice of service providers, TELEMEDIK can transfer user data outside its borders and within the European Economic Area. In these cases, and prior to sending, TELEMEDIK will ensure that these service providers comply with the minimum-security standards established by the European Commission and that they always process the data according to the instructions provided by TELEMEDIK.

TELEMEDIK may have a contractual relationship with them where service providers undertake to comply with TELEMEDIK’s instructions and to incorporate the necessary security measures to protect User data.

8.2. Therefore, if the exchange occurs in a country or territory outside the European Economic Area, the User accepts the international transfer of their data.

8.3. The international transfer of data may be carried out without the need for the approval of the Spanish Agency for Data Protection, as long as the recipients of the data are in a country or territory declared with an adequate level of protection.

9. LINK TO THIRD PARTIES

9.1. The TELEMEDIK website may contain links to other sites that may be of interest to you, such as the social networks used by TELEMEDIK. Once you click on these links and leave our page, TELEMEDIK no longer has control over the site to which you are redirected and, consequently, we are not responsible for the protection of the data that you may provide to these third party sites. On these sites you will be subject to their own privacy policies, so we recommend that you read them carefully to confirm that you agree.

10. SECURITY MEASURES

10.1. We adopt security measures to prevent the unauthorized use of your data, nor its alteration, loss, treatment, or unauthorized access, under the limitations of the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment. Despite our efforts and measures adopted, we cannot guarantee total security, since every technology company is exposed to vulnerabilities and actions from abroad.

10.2. The personal information we collect is stored on servers in the United States.

11. MINORS

11.1. Minors may not activate an Account, or use the services available through the Platform without the prior authorization of their parents, guardians or legal representatives, who will be solely responsible for all acts carried out through the Platform (web ) for minors in their care.

11.2. In line with the foregoing, the insertion of any other information must be inserted by the parents, guardians, or legal representatives, and even any communications through the corresponding forms must be made in the presence of the parents or guardians.

12. EXPANSION OF INFORMATION

To ask questions or make comments about this Policy and/or our privacy practices, or to make a complaint about our compliance with applicable privacy laws, and even to exercise your rights at any time, you can contact us by writing to the address TELEMEDIK social network, located at PMB 347 Ave. Winston Churchill #138, San Juan PR 00926-6013 (Puerto Rico) or via email info@telemedik.com or by contacting the toll-free number +17879996200.

13. NOTICES AND MODIFICATIONS

As indicated above, all Users have the right to access, update and cancel their data, as well as oppose their treatment. You can exercise these rights or make any query in relation to TELEMEDIK’s Privacy Policy through the Contact Form.

Due to the continuous evolution of TELEMEDIK’s activities, this Privacy Policy, the Cookies Policy and the Terms of Use may also be modified. TELEMEDIK will send the User notices about the changes and substantial modifications of said documents through email, or by another means that ensures their reception. In any case, TELEMEDIK will in no case modify the policies or practices to make them less effective in protecting the personal data of our clients previously stored.

In case of discrepancy between the translated versions and the Spanish version of this text, the latter will prevail.