Account - The relationship between Client and Service Provider allowing the former to be able to navigate, access and use, and up to a certain extent, modify, subject to payment of subscription fees, CloudMD Services

Administrative Remedies/Measures - Actions which may be taken by the Provider to protect its rights and interests as well as those of third persons, without need of legal processes or governmental intervention, including but not limited to: investigation or audit, suspension, and/or deletion of CloudMD Account or Client/User Data.

Client/User/Data Controller/Doctor - A natural or juridical person who has agreed to and accepted these Terms set forth by the Provider;

Client/User Data - Any digital information, data, file or transaction recorded or inserted into the CloudMD System by the Client, including but not limited to doctors’ notes, patients’ notes, and others as indicated herein below;

This may also cover documents of any kind (images, spreadsheets, notes, etc.) recorded or inserted into the CloudMD System by the Client, associated with a person other than the Client/User himself or his representative(s) as well as the Provider;

CloudMD - Proprietary electronic medical records management software owned and made commercially available to the Philippine market by Xynapx Inc., the Provider herein;

CloudMD App/System - A program which is part of CloudMD Services that can be downloaded by a user or Client, allowing him access to his Account, and contains the computing solution for providing the Client with CloudMD Services and may interchangeably serve as collective terms which include applications, software, hardware, data bases, interfaces, media, documentation, updates, and other Materials provided under Services;

CloudMD Materials - The visual interfaces, graphics, design, systems, methods, information, computer code, data as well as all other components which comprise CloudMD Services/App;

CloudMD Services - Includes the Website, Services, System, App, and all content, services and/or products available on or through the hosting platform;

CloudMD Website - The aggregation of all web-based documents including but not limited to image, text, hypertext, .html files, made available through CloudMD.com or its subdomains, or domains with identical names owned by Provider;

CloudPx - Proprietary online doctor directory and e-consult telemedicine management platform accessible by Patients (as defined herein below), through www.econsult.cloudmd.com.ph, used in conjunction with CloudMD;

Content - Any data or information made available through CloudMD Services or App, including documents, pictures, presentations, audiovisual training materials, commentaries, and other intellectual property of the Provider;

Cookies - A small text file that is stored on a user’s computer that enables us to (1) recognize and track the user when the user makes use of our Services, (2) store the user’s preferences and settings, (3) enhance user experience by delivering content and advertising specific to user’s interests, (4) perform research and analytics, (5) and assist with security and administrative functions;

Customized Terms - Any considerations, specifications or conditions which the parties have agreed to alter, modify, or otherwise deviate from these Terms;

Patient - A natural person who is a user of CloudPx App/Services/Website who avails of professional medical services of a Doctor (as defined herein above) who is CloudMD Client/User;

Personal Information - Refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. [Sec. 3(g), Data Privacy Act of 2012]

Privilege Information - Privilege information refers to any and all forms of data which under the Rules of Court (of the Philippines) and other pertinent laws constitute privileged communication. [Sec. 3(k) Data Privacy Act of 2012]

Professional Fee/s - Amount/s that may be charged by CloudMD Doctors to Patients (as defined herein above), whether through CloudPx’s third-party payment solutions provider (i.e., PayMaya) or otherwise, for Professional Services (as defined herein below) rendered, prior to or at the end of an appointment or session;

Professional Services - Services by CloudMD Doctors availed of by Patients (as defined herein above), which may be billed to Patients, when said services have been availed through the CloudPx App/Website, and may include without limitation, doctor’s appointments, medical advice/instructions, doctor’s orders (including but not limited to prescription of medicine, laboratory examinations and medical procedures), issuance of letters (including medical certificates or admission orders);

Provider/Data Processor - Xynapx, Inc., a corporation established through and existing under the laws of the Philippines, is the “Provider”, with primary business address at Unit 505, 5/F OITC 2 Building, Oakridge Business Park, Mandaue, Cebu, solely having proprietary rights over CloudMD;

Sensitive Personal Information - Refers to personal information:

(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;

(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and

(4) Specifically established by an executive order or an act of Congress to be kept classified.

[Sec. 3(l) Data Privacy Act of 2012]

Subscription Fees - Recurring charges payable by the Client to Provider for use of CloudMD App or Services;

System Updates - Additional guidelines or rules applicable to specific features, applications, products, or services which may be posted by the Provider from time to time on the hosting platform, or otherwise made available to Clients on the CloudMD App or Services;

Trial Service - Limited and temporary access to CloudMD Services and App, for the purpose of trying out the user experience as well as products and services, free of charge, and subject to these Terms;

User Activity - Any and all interactions or transactions documented or caused to be documented by the Client with the use of the CloudMD App or Services, including, but not limited to, messaging, patient records, billing, inventory, and similar activity.

CloudMD collects several types of information about and from Clients/Users in relation to CloudMD Services, which may include information from Patients, including personal information, all information covered by Client/User Data, and information regarding (a) your internet connection, (b) your usage details and (c) the equipment you use in accessing the Services.

We collect this information (1) directly from you or your Patients when provided to us and/or (2) automatically as you or your Patients navigate and access CloudMD Services.

You understand that the information automatically collected may include, without limitation, the following: User Activity (as defined above) usage details, information collected through cookies, IP addresses, user behavior, clicking activity. Information automatically collected, will, at all times, be limited to those entered or introduced by you in relation to use of our Services.

II.a. Information you provide to us. As a CloudMD Doctor/Data Controller you exercise full discretion with regard to types of information you provide us. The information we collect on or through the use of our Services, as Data Processor may include: (1) account information – which may include your full name, email address, billing and or/office address, username, password, professional credentials and all such other information required by us during the signing-up phase, (2) your preferences and settings (in accordance with the App’s settings tools and options), and (3) content, as defined above, which you provide through the use of our Services, which may cover text or picture files, comments, or testimonials, and the following information as tabulated herein:

CLASS OF INFORMATION	ITEMS INCLUDED
1. Patient Demographic	Patient name, age, date of birth, address, civil status, gender, ethnicity, picture
2. Clinical Data/Medical Records	Professional Services, Patient past surgeries, medication history, drug history, physical examination, current clinical impression, treatment plan
3. Financial Data	Professional Fees, consultation fees, service fees, sales and inventory
4. Appointment Data	Date, time and reason for consultation

The collection of the above information will be used by us mainly to improve and enhance user experience, functionality as well as overall quality of our Services (which features a predictive module geared towards ease of use of Services). We may also use the information to introduce relevant advertising, which may or may not be tailored to your preferences, and personalize your experience with CloudMD Services use. You also understand that the above information may be used by us to communicate with you, provide support and comply with certain legal obligations.

II.b. Information collected automatically through automatic data collection technologies. We may automatically collect certain information about the computers, devices, or consoles you may use to access the Services and your use of the same.

Without limitation to the following, this section includes: (1) details of your use of our Services, data logs, other communication data, and the tools or resources you access or use in relation to the Services, which may be collectively referred to as “usage information”, (2) device or computer information which can cover information regarding your internet connection, mobile device, operating system, browser type, IP address, device’s telephone number, type, (3) mobile device identifiers which may be assigned to your device in lieu of cookies, and unlike cookies cannot be deleted by you – which (a) analytics companies may use to track your CloudMD App usage or (b) advertising companies may or may not use to track usage or number of advertisements displayed, and display advertisements and (4) your activity in relation to use of the Services like comments, search result selection, clicking activity, time spent in-App, date and time of use, error and other communication logs.

II.c. Cookies and other electronic tools. We and third parties with whom we may partner, mobile device identifiers, and other similar technologies, means or methods to store or collect information with respect to your use of our Services or those of our partner entities.

The cookies we use may be (1) transient cookies or session cookies which does not collect information from the user’s computer and only typically stores information in the form of a session identifier that does not personally identify the user or (2) persistent cookies or stored cookies which are stored in the user’s hard drive until they expire or otherwise deleted by the user, which may be used to collect identifying information about the user like web navigation behavior or user behavior for a specific web site.

At the option of the user, cookies may be disabled through browser settings, which may affect functionality but not prevent access to the Services.

II.d. Information from third parties. We may obtain information about you from third parties such as partners, marketing entities, third-party websites, researchers, and may or may not combine such information with those we collect, receive or store in relation to items II.a., II.b and II.c.

II.e. Client/Data de-identification or anonymization. As Data Processor, we do not acknowledge any obligation or make any undertaking as to the de-identification or anonymization of Client/User Data. However, we may exercise our discretion to implement measures in relation to de-identification and/or anonymization.

Information collected is generally used to mainly to improve and enhance user experience, functionality as well as overall quality of our Services.

The variety of purposes we collect information may include, without limitation to the following: (1) cloud-based archiving of your content or User/Client Data, (2) administration of Services and diagnosis of technical issues through error logs and other communication logs, (3) processing and responding to Client/User queries, (4) understanding user preference and establishing trends, (5) personalizing content, (6) preparation of promotional offers, (7) improve user experience through predictive module feature, (8) create basis for relevant advertising, (9) allow opportunity for responsive customer support and/or service, (10) ensure proper discharge of obligations as Data Processor as provided for in contractual agreements and relevant laws, and (11) an other purpose not contrary to laws, morals or public policy, with your conformity.

We may also use your information to contact you regarding our own as well as third-party services which may be of interest to you. Should you choose to disallow us from using your information in this manner, please indicate the same in the relevant tick-box upon signing up for an Account.

We may likewise use information collected from you to enable us to introduce advertisements or similar content from our partner entities. Although we do not disclose your information for this purpose without your prior consent, please note that by clicking on otherwise interacting with the above, such third-party entities may consider that you have met their target criteria.

We may disclose information provided or collected.

IV.a. General disclosure. We may disclose personal information that we collect or you provide, as described in this privacy policy, in the following manner: (1) to our affiliates and/or subsidiaries under the ownership or control of Xynapx, Inc., the service provider as defined herein above; (2) to service providers, advertisers, contractors and other third-parties whom we use to support our business and are bound by contractual obligation to keep information confidential and to use the same information only for purposes for which they were disclosed by us; (3) to a buyer or any successor-in-interest in the event of restructuring, merger, consolidation, dissolution or sale of some or all of Xynapx, Inc.’s assets; (4) with your consent to receive promotional updates, to third-parties to market their products or services to you; (5) in response to legal or governmental compulsory process such as subpoena, warrant, or notice; (6) to enforce or apply the Terms of Use including billing and collection purposes; (7) instances where our sound discretion and business judgment dictate that discretion is necessary or appropriate to protect our interests and those of Patients, our other customers, the public in general, as well as those of the National Government; and (8) for any other lawful purpose disclosed by us when you provide information and consent thereto.

IV.b. Credit card and other banking/payment information. As a general practice we may require you to provide our third-party payments solutions provider credit card details and other banking/payment information during signing up. We do not store or use the aforementioned information. However, by giving the aforementioned, you expressly consent to the storage of said information by our third-party payment solutions providers (i.e., PayMaya) including but not limited to vendors who provide fraud detection services to us.

We may use analytics to better understand your usage of our Services. Our use of analytics allows us to study information that has been provided by you and those automatically collected.

Analytics used to evaluate information provided yields reports which we use to improve the Services in general; analytics on automatically collected information (including but not limited to payment solution usage, prescription behavior, use of suggestive module) which are de-identified and/or anonymized, are geared towards improving functionality and personalizing user experience, by creating opportunities for fuller utilization by CloudMD Doctors of our suggestive module option – from which option you may opt out of through the CloudMD App settings.

Third parties whose products or services are advertised or otherwise made accessible through our Services may likewise use cookies or similar automatic data collection technologies to gather information about your use of our Services, which may be done for the following purposes: (1) inform you and serve ads based on your past visits to our website and/or other websites and (2) report how ad impressions and use of ad services are related with visits to our website or use of our Services.

We may allow other third-parties to serve tailored advertisements to you through our Services, and allow their cookies or similar technologies to access your device used to access our Services. We do not have access to the cookies or other tracking technologies which may be used by third-parties and neither does this Privacy Policy govern or cover their use. The third-parties may permit you to opt out of their ad targeting features. Please note that to the extent advertising technology is integrated into the Services, you may still receive ads even after having opted out of tailored advertising. In such cases, the ads featured may not be tailored to your interests. We do not control the opt-out links of third parties and take no responsibility nor assume any liability for any choices you may make in using these mechanisms.

We do not endorse or make any representations about third-party websites or services. Our Privacy Policy does not cover the information you choose to provide to or that is collected by these third parties. We strongly encourage you to read such third parties' privacy policies.

You are the Data Controller (as defined by the Data Privacy Act of 2012) and thus own and control all data you introduce or otherwise make available into the System.

VII.a. Options regarding disclosure. We strive to provide you with choices regarding the personal information you provide to us. You can set your browser or mobile device to refuse all or some browser cookies, or to alert you when cookies are being sent. Disabling or refusing cookies will not bar access to the Services but may affect user experience. We do not share your personal information with any advertising agency.

VII.b. Communication options. When you sign up for an Account, you are opting in to receive emails from us. You can log in to your Account and manage your email preferences. You have the option to unsubscribe from commercial email messages, but please note that you may not opt out of receiving certain administrative policies, service policies or legal policies from us, Xynapx, Inc.

VII.c. Reviewing, correcting, deleting information. It is understood that all rights, ownership and interest to the Client/User Data belong and remain with you, the CloudMD Doctor. It is your responsibility to ensure and warrant that: (1) you do not create, transmit, display or otherwise make available any Client/User Data that violates the Terms of Use or this Privacy Policy, the rights of the Provider, other Clients, Patients, persons or organizations/entities or is harmful (for having the nature of worms, viruses, malware as well as other malicious and/or destructive codes), offensive, threatening, abusive, defamatory, obscene, hateful, invasive of privacy of other persons or otherwise contrary to law, morals or good customs, and (2) you have all the necessary rights and authority to use, generate, alter, delete Personal Information, Sensitive Personal Information or Privileged Information within the CloudMD Website or App, as well as cause the processing of the same through means of an Account.

VIII. Security of information. We make express warranties in the Terms of Use with regard to the protection of your information. We have implemented appropriate physical, electronic and managerial procedures (including but not limited to firewalls, role-based access and anti-DDoS attacks) to safeguard and help prevent unauthorized access to your information and to maintain data security. We follow generally accepted industry standards to protect all Client/User Data, during transmission, storage and processing. The third-party service providers with respect to payment gateway and payment processing are all validated as compliant with the payment card industry standard.

We make express warranties in the Terms of Use with regard to the protection of your information. We have implemented appropriate physical, electronic and managerial procedures (including but not limited to firewalls, role-based access and anti-DDoS attacks) to safeguard and help prevent unauthorized access to your information and to maintain data security. We follow generally accepted industry standards to protect all Client/User Data, during transmission, storage and processing. The third-party service providers with respect to payment gateway and payment processing are all validated as compliant with the payment card industry standard.

You may terminate your CloudMD Account anytime, with or without cause, by properly notifying us of your intention to do the same. As a matter of policy, we delete a terminated Account along with all the data contained therein. As data controller, you retain ownership of all account-specific data. Within a period of fifteen (15) days from the effectivity of termination of the Account, you may exercise the option to secure digital copies of your data, at your own expense.

CloudMD reserves the right to change from time to time, the terms embodied in this Policy, as dictated by the exigencies of business, changes in data collection and use practices, or service features.

Your continued use of CloudMD Services after the lapse of their effectivity date as published is construed as your acceptance of the changes, if any. Your periodic review of the Privacy Policy is strongly encouraged.

For any questions regarding this Privacy Policy please reach us through the following:

Mail	Unit 505, 5/F OITC 2 Building, Oakridge Business Park, Mandaue, Cebu
E-mail	[email protected]
Telephone	+6332 354 8468