Termos de Uso

Publicado em: 28 de Junho de 2020

Privacy Policy and Terms of Use

(Privacy Policy and Understand Terms and Conditions)

CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA, CNPJ 09.348.196 / 0001-84, medical company, creator and holder of the rights to the brand “Retorno Seguro ao Trabalho” and “Solução”, and representative in Brazil of the Dutch company EW2Health , offering the client an evaluation, monitoring and management service to support the decision of the CONTRACTING COMPANY regarding the return to work during and after the COVID-19 (SARS-COV-2) pandemic, which occurs through one or more questionnaires, where the data are analyzed, consolidated and presented in graph form for the contracting company.


PRIVACY POLICY

1. General information

1.1 This Privacy Policy contains information about how we treat, in whole or in part, in an automated or non-automated way, the personal data of users who access our application. Its purpose is to inform interested parties about the types of data that are collected, the reasons for the collection and how the user can update, manage or delete this information.

1.2 This Privacy Policy was prepared in accordance with Federal Law no. 12,965 of April 23, 2014 (Marco Civil da Internet), with Federal Law no. 13,709, of August 14, 2018 (Personal Data Protection Law) and with EU Regulation no. 2016/679 of 27 April 2016 (European General Regulation for the Protection of Personal Data - RGDP).

1.3 This Privacy Policy may be updated as a result of any regulatory update, which is why the user is invited to periodically consult this section.

2. User rights

The user of the application / website has the following rights, conferred by the General Personal Data Protection Act (LGPD) and the General European Personal Data Protection Regulation (GDPR):

- Right of confirmation and access: it is the user's right to obtain from the application the confirmation that the personal data concerning him are or are not subject to treatment and, if that is the case, the right to access his personal data;

- Right of rectification: it is the user's right to obtain from the application, without undue delay, the rectification of inaccurate personal data concerning him;

- Right to delete data (right to be forgotten): it is the user's right to have their data deleted from the application;

- Right to limit the processing of data: it is the user's right to limit the processing of his personal data, obtaining it when he disputes the accuracy of the data, when the treatment is illegal, when the application no longer needs the data for the proposed purposes and when you have opposed the processing of data and in case of processing unnecessary data;

- Right of opposition: it is the right of the user, at any time, to oppose for reasons related to their particular situation, to the treatment of personal data concerning them, and may also object to the use of their personal data to define marketing profile (profiling);

- Right to data portability: it is the user's right to receive personal data concerning him / her and which he has provided to the application, in a structured format, in current use and automatic reading, and the right to transmit this data to another application. ;

- Right not to be subjected to automated decisions: it is the user's right not to be subject to any decision taken exclusively on the basis of automated treatment, including the definition of profiles (profiling), which has an effect on its legal sphere or affects it significantly similarly.

The user can exercise his rights through written communication sent to the application with the subject "RGDP", specifying:

- Full name or corporate name, CPF number (Individual Taxpayer Registry, Federal Revenue Service of Brazil) or CNPJ (National Registry of Legal Entities, Federal Revenue Service of Brazil) and user email address and, if applicable case, its representative;

- Right you want to exercise with the application / website;

- Any document that can demonstrate or justify the exercise of your right;

- Order date and user signature.

The request should be sent to the email: renato.romani@sinque.co

The user will be informed in case of rectification or deletion of his data.

The application undertakes to comply with the rules laid down in the GDPR, with due regard for the following principles:

- The user's personal data will be processed in a lawful, loyal and transparent manner (lawfulness, loyalty and transparency);

- The user's personal data will be collected only for specific, explicit and legitimate purposes, and cannot be further processed in a way incompatible with those purposes (limitation of purposes);

- The user's personal data will be collected in an appropriate, relevant and limited way to the needs of the purpose for which they are processed (data minimization);

- The user's personal data will be accurate and updated whenever necessary, so that the inaccurate data is deleted or rectified when possible (accuracy);

- The user's personal data will be kept in a way that allows the identification of the data holders only for the period necessary for the purposes for which they are processed (conservation limitation);

- The user's personal data will be treated securely, protected from unauthorized or illicit treatment and against its accidental loss, destruction or damage, adopting the appropriate technical or organizational measures (integrity and confidentiality).

2.1 - Definitions / Nomenclatures established and used by the LGPD

Personal data: all information related to the identified or identifiable natural person, such as name, ID, CPF, e-mail, etc. Data relating to a legal entity (such as company name, CNPJ, business address, etc.) are not considered personal data.

Sensitive personal data: it is all personal data that can generate any type of discrimination, such as data about racial or ethnic origin, religious belief, political opinion, union membership or religious, philosophical or political organization, data related to health or sexual life, genetic or biometric data.

Holder: natural person to whom personal data refer.

Treatment: any operation performed with personal data, such as those relating to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of information, modification, communication , transfer, diffusion or extraction.

Controller: natural or legal person, under public or private law, who is responsible for decisions regarding the processing of personal data.

Person in charge: person appointed by the controller and operator to act as a communication channel between the controller, the data holders and the National Data Protection Authority (ANPD).

Operator: natural or legal person, under public or private law, who processes personal data on behalf of the controller.

Consent: free, informed and unambiguous statement by which the holder agrees with the treatment of his personal data for a specific purpose.

Anonymization: processes and techniques through which data loses the possibility of association, directly or indirectly, with an individual.

Anonymized data: data related to the holder that cannot be identified, considering the use of reasonable and available technical means at the time of its treatment. Anonymized data is not considered personal data for the purposes of applying the LGPD.

Pseudo-anonymization: processes and techniques through which data is difficult to associate. Pseudo-anonymized data is considered personal data for the purposes of applying the LGPD, in view of the possibility of associating this data with a natural person.


3. Duty not to provide third party data

When using the application / website, in order to safeguard and protect the rights of third parties, the user of the application must provide only their personal data, and not those of third parties.

3.1. Information collected

The collection of data from users will take place in accordance with the provisions of this Privacy Policy and will depend on the user's consent, which is dispensable only in the cases provided for in art. 11, item II, of the Personal Data Protection Law.

4. Types of data collected

4.1 User identification data for registration

The use, by the user, of certain functionalities of the application will depend on registration, and in these cases, the following user data will be collected and stored:

Name

Surname

Personal email

CPF

Professional email

password

Supervisory position

Date of birth

Sex

Employed or outsourced

Parents

Zip code

Address

Neighborhood

District

City

state

House number

Additional information

Phone country

Telephone area code

Telephone number

Language


4.2 Data reported in the contact form

The data eventually informed by the user using the contact form provided in the application, including the content of the message sent, will be collected and stored.

4.3 Data related to the execution of contracts signed with the user

For the execution of the purchase and sale contract or the provision of services eventually signed between the application and the user, other data related to or necessary for its execution, including the content of any communications with the user, may be collected and stored.


4.4 Access records

In compliance with the provisions of art. 15, caput and paragraphs, of Federal Law no. 12,965 / 2014 (Marco Civil da Internet), user access records will be collected and stored for at least six months.

4.5 Sensitive data

The application will be able to collect the following sensitive data from users:

Comorbidities

Aggravating factors

Hygiene

State of mental health

Family health status

Personal health status


4.6 Legal basis for the processing of personal data

By using the application's services, the user is consenting to this Privacy Policy.

The user has the right to withdraw his consent at any time, without compromising the lawfulness of the treatment of his personal data before the withdrawal. The withdrawal of consent can be made by e-mail: renato.romani@sinque.co

The consent of the relatively or absolutely incapacitated, especially of children under 16 (sixteen) years old, can only be done, respectively, if properly assisted or represented.

Personal data necessary for the execution and fulfillment of the services contracted by the user in the application may also be collected.

The processing of personal data without the user's consent will only be carried out due to legitimate interest or for the cases provided for by law, that is, among others, the following:

- for the fulfillment of a legal or regulatory obligation by the controller;

- to carry out studies by a research body, guaranteeing, whenever possible, the anonymization of personal data;

- when necessary for the execution of a contract or preliminary procedures related to a contract to which the user is a party, at the request of the data subject;

- for the regular exercise of rights in judicial, administrative or arbitral proceedings, the latter under the terms of Law No. 9,307, of September 23, 1996 (Arbitration Law);

- for the protection of life or physical safety of the data subject or third party;

- for the protection of health, in a procedure carried out by health professionals or by health entities;

- when necessary to serve the legitimate interests of the controller or third party, except where the fundamental rights and freedoms of the data subject prevail that require the protection of personal data;

- for credit protection, including the provisions of the relevant legislation.


4.7 Purposes of the processing of personal data

The user's personal data collected by the application are intended to facilitate, streamline and fulfill the commitments established with the user and to enforce requests made by filling out forms.

Personal data may also be used for a commercial purpose, to personalize the content offered to the user, as well as to subsidize the application for improving the quality and functioning of its services.

The application collects user data so that profiling can be performed, that is, automated treatment of personal data that consists of using this data to evaluate certain personal aspects of the user, mainly to analyze or predict characteristics related to their performance professional, their economic situation, health, personal preferences, interests, reliability, behavior, location or displacement.

The registration data will be used to allow the user access to certain contents of the application, exclusive for registered users.

The processing of personal data for purposes not provided for in this Privacy Policy will only occur upon prior notification to the user, and, in any case, the rights and obligations provided herein will remain applicable.

4.8 Period of retention of personal data

The user's personal data will be kept for as long as necessary for the provision of services provided by the company to fulfill the purposes for which they are processed, which can vary from 1 to 5 years, according to the need to keep in touch for care and after-care services.

The personal data of users can only be kept after the end of their treatment in the following cases:

- for the fulfillment of a legal or regulatory obligation by the controller;

- for study by a research body, guaranteeing, whenever possible, the anonymization of personal data;

- for transfer to a third party, provided that the data processing requirements set out in the legislation are respected;

- for the exclusive use of the controller, access by a third party is prohibited, and provided the data is anonymized.


4.9 Recipients and transfer of personal data

The user's personal data may be shared with the following company:

SCIENCE AND HEALTH PROVISION OF SERV. MÉDICOS LTDA CNPJ 09.348.196 / 0001-84

The transfer can only be made to another country if the country or territory in question or the international organization concerned ensures an adequate level of protection of user data.

If there is no adequate level of protection, the application undertakes to guarantee the protection of your data in accordance with the most stringent rules, through specific contractual clauses for a specific transfer, standard contractual clauses, global corporate standards or stamps, certificates and codes of conduct regularly issued.

4.10 Collection of data not expressly provided

Eventually, other types of data not expressly provided for in this Privacy Policy may be collected, provided that they are provided with the user's consent, or that the collection is permitted or imposed by law.

5. Processing of personal data

5.1. Data controller (data controller)

The controller, responsible for the processing of the user's personal data, is the natural or legal person, the public authority, the agency or other body that, individually or in conjunction with others, determines the purposes and means of processing personal data.

In this application, the person responsible for processing the personal data collected is the company CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA, CNPJ 09.348.196 / 0001-84, represented by the partner Renato Romani, who can be contacted by e-mail: renato.romani@sinque.co

The person responsible for processing the data will be directly responsible for the treatment of the user's personal data.


5.2. The data protection officer

The data protection officer is the professional in charge of informing, advising and controlling the data controller, as well as the workers who process the data, regarding the application's obligations, under the terms of the RGDP, the Personal Data Protection Act and other data protection provisions in national and international law, in cooperation with the competent supervisory authority.

In this application the data protection officer is Renato Romani, who can be contacted by email: renato.romani@sinque.co


6. Security in the treatment of the user's personal data

The application undertakes to apply technical and organizational measures to protect personal data from unauthorized access and situations of destruction, loss, alteration, communication or dissemination of such data.

To guarantee security, solutions will be adopted that take into account: the appropriate techniques; application costs; the nature, scope, context and purposes of the treatment; and the risks to the user's rights and freedoms.

The website uses SSL (Secure Socket Layer) certificate which guarantees that personal data is transmitted in a safe and confidential way, so that the data transmission between the server and the user, and in feedback, occurs in a totally encrypted or encrypted way.

However, the application disclaims liability for the sole fault of a third party, such as in the event of a hacker or cracker attack, or the exclusive fault of the user, such as in the case where he himself transfers his data to a third party. The application also commits itself to communicate the user in a timely manner in the event of any type of breach of the security of your personal data that may cause you a high risk to your personal rights and freedoms.

The breach of personal data is a 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.

Finally, the application undertakes to treat the user's personal data with confidentiality, within the legal limits.

7. Browsing data (cookies)

Cookies are small text files sent by the application to the user's computer and which are stored there, with information related to the application's navigation.

Through cookies, small amounts of information are stored by the user's browser so that our server can read them later. For example, data about the device used by the user, as well as its location and time of access to the application, can be stored.

Cookies do not allow any files or information to be extracted from the user's hard drive, and it is not yet possible, through them, to have access to personal information that has not come from the user or the way he uses the resources of the application .

It is important to note that not all cookies contain information that allows the user to be identified, and certain types of cookies can be used simply for the application to be loaded correctly or for its functionality to operate as expected.

In the present application, the user will have the “username” created automatically by the system which, in turn, will record this “key”, unidentifiable, on the smartphone, not related to the name or CPF of the user / questioner.

Information eventually stored in cookies that allows a user to be identified is considered personal data. Accordingly, all rules provided for in this Privacy Policy are also applicable to them.

7.1. Application cookies

Application cookies are those sent to the user or administrator's computer or device exclusively by the application.

The information collected through these cookies is used to improve and personalize the user experience, and some cookies can, for example, be used to remember the user's preferences and choices, as well as to offer personalized content.

This navigation data can also be shared with any partners of the application, seeking to improve the products and services offered to the user.


7.2. Social network cookies

The application uses social media plugins, which allow you to access them from the application. Thus, in doing so, the cookies used by them may be stored in the user's browser.

Each social network has its own privacy and personal data protection policy, with individuals or companies that hold them responsible for the data collected and the privacy practices adopted.


7.3. Management of cookies and browser settings

The user can oppose the registration of cookies by the application, simply by disabling this option in his own browser or device.

Disabling cookies, however, can affect the availability of some tools and features of the application, compromising its correct and expected functioning. Another possible consequence is the removal of user preferences that may have been saved, impairing their experience.

The following are some links to the help and support pages of the most used browsers, which can be accessed by the user interested in obtaining more information about the management of cookies in their browser:

Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Safari: https://support.apple.com/en-us/guide/safari/sfri11471/mac

Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en

Mozila Firefox: https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam

Opera: https://www.opera.com/help/tutorials/security/privacy/

8. Complaint to a supervisory authority

Without prejudice to any other means of administrative or judicial appeal, all data subjects are entitled to submit a complaint to a supervisory authority. The complaint may be made to the authority of the website's headquarters, the user's country of habitual residence, his workplace or the place where the violation was allegedly committed.

9. Changes

This version of this Privacy Policy was last updated in June 2020.

The editor reserves the right to modify the present rules at any time, especially to adapt them to the application's evolution, either by making new features available, or by suppressing or modifying existing ones. Thus, the user is invited to periodically consult this page to check for updates.

The user will be explicitly notified if this policy changes.

When using the service after any modifications, the user demonstrates his agreement with the new standards. If you disagree with any of the changes, you must immediately request the cancellation of your account and submit your reservation to the customer service, if you wish.


LEGAL NOTICE - DISCLAIMER DISCLAIMER

All e-mails sent from addresses of CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA, CNPJ 09.348.196 / 0001-84, are intended only for designated recipients and may contain confidential and privileged information. This includes attachments.

If you have received any email from CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA, CNPJ 09.348.196 / 0001-84 by coincidence, by mistake or without specific authorization, we request that you notify us immediately. We also ask that you keep it confidential and do not read, copy or use the content of the email in any way.

Website disclaimer

Applicability

The terms and conditions contained in this “Legal notice” apply to the use of this website. If you do not accept these terms and conditions or if you do not accept them in full, you cannot use this site. The use of this website constitutes acceptance of these terms and conditions, as well as our use of cookies.

Accuracy of information

While we make every reasonable effort to ensure that the information on this website is correct, be aware that the information may be incomplete, inaccurate or out of date and cannot be guaranteed. We update our website regularly and, therefore, we can change its content at any time.

Intellectual property

The materials (images and texts) published on this site are protected by copyright and are the property of CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA, together with any other intellectual property rights in such materials. All rights reserved. © SCIENCE AND HEALTH PRESTAÇÃO DE SERV MÉDICOS LTDA. No part of this website may be copied, reproduced, presented in public, transmitted, uploaded, disseminated, distributed, modified or treated in any way without the prior written consent of CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA and, even with such consent, the source and property rights must be recognized.


Disclaimer regarding cookies and Google Analytics

In order for this website to function properly, we sometimes send small data files known as cookies to your computer, as already detailed in the “Privacy Policy”. Most major websites or internet service providers do the same. Cookies are used to help the website remember your settings (font size, language and other preferences you have when visiting this website). Our cookies are not used to personally identify you. You can control and / or delete cookies as you wish. For more details, visit AboutCookies.org.

This site also uses Google Analytics, a web analysis service from Google, Inc. (“Google”). Google Analytics uses "cookies", which are text files sent to your computer to help the website analyze how users use it. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, compile reports on website activity for different operators and to offer other services related to website activity and internet use. Google may also transfer this information to third parties if required by law or if the information is processed by such third parties on behalf of Google. Google will not associate your IP address with any other data held by Google. You can refuse to use cookies by selecting the appropriate settings in your browser. Please note, however, that if you choose to disable cookies, it is possible that you will not be able to use all the features of this website. By using this site, you consent to the processing of data about you by Google in the manner and for the purposes described above.

Information we collect about you

We respect the privacy of our online visitors. Information that can identify an online visitor is collected only when voluntarily offered by the visitor. Any details you provide to this site can be added to our database. We may use your information for advertising purposes. We will not disclose your information for such purposes to parties other than branches of CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA. We may contact you by post, telephone or email to inform you of our service offers or events that may interest you.

We may hire third parties to provide financial, accounting, compliance and other administrative functions, and those service providers may have access to the data. Data containers can be located inside or outside the European Economic Area (“EEA”), including in countries that do not have the same level of protection of personal data as EEA countries. As appropriate and if required under applicable data protection laws, we will require, through contractual measures (if applicable, based on European Commission model clauses) or otherwise, that such data containers maintain security measures technical and organizational measures for the protection of personal data. We will also take reasonable steps to ensure that personal data is protected in accordance with legal requirements. If you want your processed personal data to be removed from our files or updated, you can send an email to CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA or its affiliated companies and we will take all reasonable steps to fulfill your request to the extent necessary . The same applies if you wish to make a complaint or know what personal data about you are processed. Such information will be provided free of charge each year if requested in writing. For more information, see our Data Privacy Policy.


TERMS OF USE

1 - Registration

1.1 To use the Platform, the user must register, creating a login and password.

1.2 When registering, the user must inform true data, which will be his sole responsibility. Companies are not responsible for false data entered in the register.

1.3 To register alone, the user must be at least 18 (eighteen) years old and fully capable and must make a statement accordingly. If you are under 18 (eighteen) years old or need representation under the law, your parents or guardians must represent or assist you. In this case, they must complete your registration and will be fully responsible for you and your actions.

1.4 the user is responsible for his login and password. In case of loss or theft of the password, you must immediately inform the companies.

1.5 Companies will keep Personal Data, through its automated system, for the uses and purposes defined in its Privacy Policy, accessible through the address: https://www.retornoaotrabalho.com.br. When accessing the platform, the user accepts the Privacy Policy and agrees with the treatment of their Personal Data by the Companies.

2 - Conditions for using the platform

2.1 When using the platform, the user undertakes to observe these Terms of Use, the rules and regulations of the Companies, the law, to use socially acceptable terms, and not to disrespect public order.

2.2 The user must not use the Platform to perform acts prohibited by law and these Terms of Use, or acts that may damage, disable, overload or deteriorate the Platform, the computer equipment of other users or other Internet users (hardware and software), as well as documents, files and all kinds of content stored on their computer equipment (cracking) or to prevent the normal use of that tool, computer equipment and documents, files and content by other users and other Internet users.

2.3 The user undertakes not to use any automated system, including, but not limited to, "robots", "spiders" or "offline readers," who access the Platform in order to send more request messages to the Companies' servers in one given period of time than it is humanly possible to respond in the same period through a conventional browser. The collection of any personal information from other users of the Platform is also prohibited.

3 - No license

3.1 The Companies authorize the user to use any computer application installed on the Companies' server that runs the elements that make up the Platform, provided that this fact only occurs to use the Platform in accordance with the terms of this Term of Use. The Companies do not grant no other license or authorization to use any class on your industrial and intellectual property rights or on any other property or right related to the Platform or to CIÊNCIA E SAÚDE PRESTAÇÃO DE SERV MÉDICOS LTDA.

4 - Limitation of liability

4.1 To the maximum extent permitted by law, CIÊNCIA E HEALTH PRESTAÇÃO DE SERV MÉDICOS LTDA will not be liable in any way, to any person or organization, for the use or interpretation of the information or materials contained in this website, for the trust placed in such information or materials or the impossibility of access to the site by any such person or organization.

4.2 The company is not responsible for any damage or loss caused by sending information or advertising content that has not been triggered by the Startup itself, whether the latter is legitimate or unwanted (Spam), and also is not responsible for the content of the opinions posted on the application. or website.

4.3 The veracity of the data informed by the users surveyed / monitored is their sole responsibility.

4.4 CIÊNCIA E HEALTH PRESTAÇÃO DE SERV MÉDICOS LTDA does not offer medical diagnosis at any level, constituting an assessment, monitoring and management service to support corporate decisions.

4.5 Only information about the health status of the employee will be accessed by the company, in order to define health protection policies and procedures required by the labor law (articles 157 and 158 of the CLT), of strict compliance with the corporations and their employees, be they contracted or outsourced.

4.6 Any medical information will be accessed exclusively by medical professionals, so it disclaims any responsibilities in this regard.

4.7 In order to comply with the health safety rules imposed by law, the employee must not give up or abandon monitoring before the end of the global Covid-19 pandemic.

4.8 Eventual use of the tool by outsourced employees of the corporation does not matter any type of employment relationship or bond.

5 - General Provisions

5.1 Failure by the Companies or the user to exercise any rights or faculties conferred on them by this Term of Use or by Brazilian law, as well as any tolerance against violations of this Term of Use, will not matter in the waiver of their rights, novation or alteration of items and clauses of this Term of Use, which the Companies or user may exercise at any time.

5.2 All communications between the Companies and the user will be made via e-mail. Companies may disclose notifications or messages through the Platform or the https://www.retornoaotrabalho.com.br portal to inform the User of any changes to the Platform or the Term of Use and / or other information that they consider relevant.

6 - Termination of services

The service provision contract ceases due to the expiration of the contracting term, the end of the contracted work, the termination of the contract by giving notice of 30 days before the end of the term, by default of either party or by the impossibility of continuing the contract, motivated by force majeure.

7 - Applicable law and choice of court

In order to resolve disputes arising from this instrument, Brazilian law will be applied in full, with the Parties giving up on any other, however privileged it may be or may be.

Any disputes must be presented in the jurisdiction of the district where the application publisher's headquarters are located (São Paulo-SP, Brazil).

Safe return to work
It is a solution developed by the consulting company Citrine Consulting and the medical company EW2Health.