Last updated on July 11, 2022.
- Phelcom Platform – Access and Use
- Users Duties
- Intellectual and Industrial Property Rights
- Data protection
- Disclaimer of Warranties
- Disclaimer and Limitation of Liability
- Channels and links to third-party Websites
- File Downloads
- General provisions
1.5. Purpose for Processing Personal Data. The personal data processed through PHELCOM PLATFORM are confidential and sensitive. They comply with data protection laws, notably the LGDP – General Data Protection Law (Law no. 13.709/2018). PHELCOM PLATFORM aims to perform retinal examinations for the benefit of the patient. The examination is carried out through Eyer Retinography and sent to the doctor in charge for analysis through EyerCloud. After the analysis, a remote diagnosis can be issued. The doctor then makes it available to the patient, by generating a protocol number and password, which allow the Patient to access the diagnosis by email or in printed form. PHELCOM may also use those obtained data to create its own algorithms, analyze data, create solutions, products and benchmarks, use artificial intelligence for software improvements in benefit of the patients, provided the patients’ identity remains preserved and in an anonymized way.
- Customers / Partners mean all those who subscribe to EyerCloud Manager software, in freemium or paid mode, including doctors, medical or laboratory institutions, clinics and hospitals, that use Phelcom’s Services to carry out retinal exams on patients and/or to manage the obtaining of reports and results of exams carried out with Eyer fundus camera. This definition also includes Professional Technicians hired by Phelcom’s Customers to carry out the referred exams.
- Sensitive Data – means all data revealing racial or ethnic origin, political opinions, religious or philosophical convictions, trade union membership, data relating to a person’s sexual life or sexual orientation, as well as health, genetic and biometric data methods, which allow to identify a natural person unequivocally.
- Qualified Professional Technicians are the field operators trained by Phelcom or Phelcom’s Customers to properly operate Eyer Handheld Fundus Camera and/or Software in order to perform retinal examinations, including doctors or other healthcare professional technicians.
- “Eyer Handheld Fundus Camera” is the medical device, equipment registered in the National Health Surveillance Agency (Anvisa), manufactured and developed by Phelcom and installed in a portable phone device (smartphone). Automatically integrated into the EyerCloud Software, it collects personal data and biometric data from patients, specifically focused on capturing retinal images. Together, Eyer Handheld Fundus Camera and EyerCloud Software are called “PHELCOM PLATFORM” herein;
- Services mean both the content that PHELCOM Website provides and the technological features the Integrated Eyer – EyerCloud system offers. Services can be free or paid.
Free Services / freemium – refer to both the Website content and the EyerCloud Manager Software subscription service, which allows Customers to use the Services up to the limit of 5,000 (five thousand) retinal exams per subscription.
Paid Services – refer to the EyerCloud Software subscription service that Phelcom offers Customers, when the 5,000-exam limit for a single Subscriber account. They also refer to additional Services such as remote reports and others offered upon Customer acceptance in Eyer and EyerCloud software.
- “EyerCloud Software ” – is Phelcom’s management software program that receives, processes and stores patient data in the cloud, generating reports and test results for Phelcom Customers and allowing remote diagnosis. Phelcom may provide Customers this software by paid or free monthly subscription/freemium. Together, EyerCloud Software and Eyer Handheld Fundus Camera are called “PHELCOM PLATFORM”.
- Patient: means the User who benefits from Services that PHELCOM Platform provides.
- Users: means all individuals who access and use our Services, as well as Patients and Customers, including any Doctor and/or Authorized Professional Technician who handles, operates and powers the Softwares.
3.1. Overview. PHELCOM Services are designed to support patients, not to replace the relationship between you and your personal doctor or other healthcare professional who follows you personally and face-to-face to treat any illnesses. You should contact them directly if you have questions or concerns about your medical treatment, symptoms, physical condition or your health as a whole.
Never disregard the advice of a medical professional, nor delay seeking medical attention for something you have read and/or sought advice on our Platforms.
Always seek to consult your doctor or other qualified healthcare professional when you have any questions related to a medical condition.
The health data contained in PHELCOM PLATFORM belong to the patient and are generated through the information entered with Users’ consent and in accordance with legal act of 7th article, chapter VII of 13.709/2018 – Brazilian Data Protection Act.
PHELCOM is responsible for protecting and keeping custody of the information and data entered in its platform, to the extent defined by law. PHELCOM is not responsible for the information the User shares himself / herself, with either health professionals or any other people or professionals. PHELCOM is not responsible for the loss, theft, transfer (onerous or not), of the mobile, tablet, Eyer Handheld Fundus Camera or any other electronic device that can access PHELCOM PLATFORM. In these cases, the User must notify PHELCOM, so that we take measures are to prevent any data leaks or access to User Data.
By using the PHELCOM Platform you agree to these Terms. If you do not agree to these terms, you must not use or access our Services.
4. Phelcom Platform – Access and Use
4.1. Access. The User (or his/her parents / guardian, if under the age of 18) acknowledges and accepts that the access and use of PHELCOM PLATFORM occurs freely and consciously, under his / her sole responsibility. PHELCOM will not be responsible, in any case, for how the User and/or third parties may handle PHELCOM PLATFORM, nor for the damages that may arise.
4.5. Passwords. The User will be fully responsible for the password to grant access to his / her User Account, and for the use of PHELCOM PLATFORM made from it. The User will always be responsible for the custody of his password, including the security of his mobile device, assuming, therefore, any damages that may arise from its misuse, as well as its transfer, disclosure or theft. In the event of forgetting the password or any other circumstances that imply risk of User account access and/or use by unauthorized third parties, the User must notify PHELCOM immediately, so that we can immediately block and replace the password. PHELCOM has no control over the use of any User Account. In any case, the operations prior to the referred communication will be considered as carried out by the User, who will be responsible and pay the expenses and/or damages arising from any unauthorized access and/or use prior to the referred communication.
4.6. License of Use. Phelcom may grant the Customer a license to use PHELCOM PLATFORM. The license to use Eyer – EyerCloud integrated system, if granted, is non-transferable, non-exclusive, as long as they remain active in the market and for the geographical area of Brazil. This license may be revoked at any time, without notice, if Phelcom platform is discontinued in Brazil.
4.7. The license of use and access to PHELCOM PLATFORM, means that the Customer when acquiring the medical device Eyer Handheld Fundus Camera will have automatic integration to the software Eyercloud, which has all health data management of your clients, i.e reports and retina exams.
4.8. It’s the client’s responsibility to have all equipment and network infrastructure to access PHELCOM PLATFORM thru the internet. PHELCOM won’t be responsible for quality of internet connection, maintenance and the proper functionality of the internal network or other client’s equipment.
4.10. Non-exclusivity. The presented terms are formed on a non-exclusive basis, being both parts free to hire or enter into any partnership with third parties and/or other companies in the same line of business as the Parties, during and after the effectiveness of these Terms.
5. Users’ Duties
5.2. Users and Customers’ Duties. You agree that you will not:
b. Copy, modify, create a derivative work of, or reverse engineer or assemble PHELCOM PLATFORM, or otherwise attempt to discover any source code, or allow third parties to do so;
c. Sell, assign, sublicense, lease, distribute, license, commercially exploit, grant a warranty or otherwise transfer or provide unauthorized third parties any rights over PHELCOM Services;
d. Use or initiate automated systems, including but not limited to robots, spiders or offline readers, that access PHELCOM PLATFORM to send more requests to PHELCOM servers in a given period than a human could produce in the same period through a conventional online web browser;
e. Use PHELCOM PLATFORM in such a way as to damage, disable or overburden any PHELCOM Website or otherwise interfere with the Website use and usefulness by any third party;
f. Mirror or integrate PHELCOM PLATFORM, or any part thereof, into other Websites, applications or web pages;
g. Access or try to obtain unauthorized or illegal access to PHELCOM PLATFORM, including the data or personal data contained in PHELCOM PLATFORM or in any way tamper with the security of our Services or violate our User Accounts.
h. Try to investigate, verify or test the vulnerability of PHELCOM PLATFORM, or violate security or authentication measures without proper authorization, including logging into a server or account on the PHELCOM Services that you are not authorized to access;
i. Use misleading or false names, addresses, e-mail addresses or subject headers when you want to contact us;
j. Use PHELCOM PLATFORM in a threatening, abusive, offensive, misleading, false, fraudulent or defamatory manner, or upload files that contain vulgar, obscene, indecent or illegal material;
k. Use PHELCOM PLATFORM in any way that infringes intellectual property rights or legal rights of third parties (such as privacy and privacy rights);
l. Download or upload any file that you know, or reasonably should know, that cannot be legally distributed in this way – unless WE have made the referred file available for download, not on third-party links disclosed in the Software;
m. Collect information about others, including email addresses, without their consent;
a) Perform, manage and supervise the registration and unregistration of users and administrators, as well as the respective authorizations and permissions to use the functionalities and view data on the PLATFORM;
b) Being responsible for the information inserted in the PLATFORM, the registration, permissions, passwords and the way its users use it. PHELCOM will not be responsible for the content (information, data, passwords) eventually inserted in the PLATFORM by the Customer, being this sole and exclusive responsibility of the Customer, except for personal data to which the specific rules of Law 13.789/2018 – Brazilian General Law of Data Protection apply.
c) Immediately notify PHELCOM if Customer believes that his/her login and password for accessing the PLATFORM are known to other people, for any reason, without prejudice to changing his/her password immediately through the PLATFORM;
d) Do not offer the login and password for access to the PLATFORM to third parties of any nature;
e) Ensure that access to the PLATFORM is performed only by people, not being used by web crawlers, spiders, robots or other data capture programs.
6. Intellectual and Industrial Property Rights
6.1. No right, title or interest of any content Phelcom produces is transferred to you, whether as a result of downloading such content or in any other way. PHELCOM holds the right to exploit the intellectual property on the PHELCOM PLATFORM as well as all its contents and / or any other elements found or provided therein. This includes, without limitation: texts, graphics, data, images, videos, sounds, illustrations, computer programs, source codes, trademarks, slogans, domain names, databases, business names, flowcharts, audio and video presentations, logos, icons, image-set (trade dress), including PHELCOM’s name, figurative and nominative logos, as the selection and organization of such elements. All them belong exclusively to PHELCOM and may not be copied, imitated, modified or used, in whole or in part, without prior written consent of a PHELCOM legal representative.
6.2. PHELCOM PLATFORM contents may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, run, or distributed in any way. You agree not to modify, rent, lease, loan, sell, distribute, transmit, divulge or create derivative works based on PHELCOM PLATFORM content, in whole or in part by any means.
6.4. Claims of infringement of intellectual property rights of third parties. PHELCOM respects the intellectual property rights of third parties, and asks its Customers and Users to do the same. PHELCOM may, in its sole discretion, suspend access to or terminate the accounts of Users who violate the intellectual property rights of third parties. If you believe that your work has been copied in a way that constitutes infringement on PHELCOM Website, please send us an email notification: email@example.com
6.5. To be effective, the terms of the notification must contain information reasonably enough to allow PHELCOM to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party can be contacted.
6.6. PHELCOM is the only and exclusive owner of all intellectual property rights relating to the PLATFORM, including software and all content produced by it.
6.7. The Customer declares to be aware that the software that constitutes the PLATFORM undergoes periodic updates. The updates should be made as a priority out of business hours, or in the cases of high demand operations, on weekends, when possible.
6.8. It is forbidden for the Customer to sublicense the Software, that is, it is forbidden for the Customer to copy, distribute, modify and resell the device and software.
6.9. The use of trademarks relating to the PHELCOM PLATFORM, Eyer and Eyercloud is forbidden to Customer and partners, except as provided for in this Contract or, in other cases, with the express authorization of PHELCOM. However, Customer may use expressions referring to the aforementioned brands, only for the purpose of providing clarification or making recommendations about the PLATFORM to third parties
7. Data Protection
7.2. Use of Data and Disclaimer, and Commercial Use of Data. The imputed data, as well as that generated in Phelcom’s Bi’s and APP, will be used in accordance with the primary purpose for which it was collected, as well as with the contract signed between Phelcom and the Customer. Such information will be properly qualified, sanitized, and archetyped, in accordance with the contractual objectives, which will be defined with the Customer and/or the company that hires PHELCOM Service.
7.3. Confidentiality and Secrecy. PHELCOM will, at no time, share to any company, personnel, private or public body, the individual information of its Users, except if authorized by their owner, and subject to provisions expressed in law, as well as by judicial determination. PHELCOM is, however, allowed to use the data contained in its platforms, always respecting the privacy of its Users and making efforts to secure data by anonymizing them for purposes such as: Scientific Studies, development of algorithms and benchmark. Use artificial intelligence for software improvements in benefit of the patient.
7.4. Copyright Protection, Notifications, and Procedures for Making Claims of Copyright Infringement. If there is any doubt about possible infringement of your or a third party’s copyright, we kindly ask you to notify us by the means of communication available on the Website and / or on the company’s platforms, and even by physical means at the company’s headquarters, reporting:
1-identification of the document under suspicion of copyright infringement;
2-personal data of the User who raises the question;
3-data of the copyright holder;
4.- Email and phone number of the User so that we can communicate the analysis result.
7.5. The parties list below aspects to be observed when handling Personal and/or Protected Confidential data:
c) Type of Personal Data: All data, sensitive or not, which are strictly necessary for the full and complete execution of the contractual object, namely: the Patient’s full name, unique register number, date of birth, gender, telephone, e-mail, and health data such as retinography exams.
d) Categories of Protected Personal Data Subjects: Any natural person who will have his personal data processed in furtherance of the performance of the subject matter of this agreement.
e) Treatment Instructions: Protected Data shall be treated as provided by applicable law, notably the Brazilian General Data Protection Law (Act 13709/2018), as well as upon collection of specific consent from the respective Data Subjects for transfer of Data by the Customer to PHELCOM.
8. Disclaimer of Warranties
8.1. Availability of Services. PHELCOM does not guarantee the intermittent availability and continuous operation of its platforms. Consequently, PHELCOM shall in no case be liable for any damages that may arise from (i) the lack of availability or accessibility of PHELCOM PLATFORM; (ii) the interruption of the operation of PHELCOM PLATFORM or computer failures, telephone malfunctions, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, Internet system or other electronic systems, produced in the course of its operation; and (iii) other damage that third parties may cause by unauthorized intrusions out of PHELCOM’s control.
8.2. The Services are provided “as is” and use is at your own risk. To the fullest extent of the law, and except as otherwise agreed through specific agreements between you and PHELCOM, PHELCOM makes no representation or warranty of any kind, express or implied, regarding your use of the Services or any information or content contained therein.
8.3. Viruses and external elements. PHELCOM does not guarantee the absence of viruses, worms, trojans or other harmful external elements. Consequently, PHELCOM will, in no case, be liable for any damages of any nature that may arise from the presence of viruses or other elements that may produce changes in the physical or logical systems, electronic documents or files of the User.
8.4. Security. PHELCOM adopts all measures required by law and best security practices to protect its platforms and content against third-party computer attacks. However, PHELCOM does not warrant that unauthorized third parties may not be aware of the conditions, characteristics and circumstances under which the User accesses his User Account. Consequently, PHELCOM will not, in any case, be liable for any damages that may arise from such unauthorized access. By using PHELCOM PLATFORM, you agree not to hold PHELCOM or any of its partners liable for any loss or damage of any kind that you have suffered because of misappropriation, interception, deletion, destruction or use of your data and personal data on our platforms.
9. Disclaimer and Limitation of Liability
9.1. No advice or information, oral or written, obtained from PHELCOM shall in any way create any warranty not expressly and explicitly stated in this agreement.
9.2. To the maximum extent allowed by law, in no event will PHELCOM and its service providers, licensors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other damages, including but not limited to damages for coverage or loss of use, data, revenue or profits, arising from or in any way directly related to the use or performance of PHELCOM PLATFORM, or for any content, whether based on contract, negligence, strict liability, lack of any resource to achieve its essential purpose, even if PHELCOM or any PHELCOM supplier has been advised of the possibility of damages.
10. Channels and Links to Third-party Websites
10.2. By providing links to third party Websites, PHELCOM will not investigate the content of such information and does not endorse or warrant their accuracy, opinions or recommendations. To the extent that you make use of any link to any other Website on the internet, you understand and agree that your use of the third party Websites is at your own risk.
11. File Downloads
11.1 PHELCOM cannot guarantee that all files eventually available for download through PHELCOM PLATFORM will be free of virus infection or other harmful computer programs.
12. General provisions
Contact us through the Website, chat, by email firstname.lastname@example.org or our address below, and we will make all reasonable efforts to reply to you promptly, and solve any problem or question.
Phelcom Technologies LTDA
820, José Missali Street -Jardim Santa Felícia-ZIP Code 13.562 – 405-São Carlos / SP, Brazil