PRIVACY AND DATA PROTECTION POLICY

I. Scope of the Policy

The Website www.evanhub.com (hereinafter, "Website" or "Site", interchangeably) informs those individuals who use it (hereinafter, interchangeably, "User" or "Users") or those who intend to do so, of this Privacy and Personal Data Protection Policy (hereinafter, "Privacy Policy" or "Policy(ies)").

This Policy is part of the Terms and Conditions of Use of the Website (hereinafter, "Terms and Conditions") and, consequently, the User declares to be aware of the Terms and Conditions of the Website (available at https://evanhub.com/en/terms-and-conditions).

In accordance with the above, reading the Terms and Conditions will allow Users to understand how EVANHUB SpA (hereinafter, "Evanhub", "The Owner", or the "Controller") collects, processes, and protects their personal data.

Access, use, and permanence on this Website signify express acceptance of this Privacy Policy, which is subject to Law N°19.628 on Personal Data Protection.

Additionally, in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016, on the protection of natural persons concerning the processing of personal data, and repealing Directive 95/46/EC (hereinafter, "GDPR"), Law 34/2002, of July 11th, on services of the information society and electronic commerce (hereinafter, "LSSI-CE"), and Organic Law 3/2018, on the Protection of Personal Data and guarantee of digital rights, both Spanish regulations, Evahub guarantees the protection and confidentiality of personal data, of any type, provided to us by our clients, in accordance with the provisions of the GDPR.

This Evahub Policy rests on the principle of proactive responsibility, according to which the Controller is responsible for compliance with the regulatory and jurisprudential framework, being able to demonstrate it before the corresponding control authorities.

The data provided will be treated in the terms established in the GDPR; in this sense, the Owner has adopted the levels of protection that are legally required and has installed all the technical measures within its reach to avoid the loss, misuse, alteration, unauthorized access by third parties, exposed below. However, the User must be aware that security measures on the Internet are not impregnable.

II. Principles applicable to the processing of personal data

The processing of the personal data of the Users will be subject to the following principles:

a. Principle of lawfulness, fairness and transparency: the consent of the User will be required at all times, with prior information on the purposes for which the personal data is collected.

b. Principle of limitation of purpose: personal data will only be collected for specific, explicit, and legitimate purposes, under the terms that are informed to the User.

c. Principle of data minimization: the personal data collected will only be those strictly necessary in relation to the purposes for which they are processed.

d. Principle of accuracy: the personal data must be accurate and always updated, both circumstances, in full agreement with respect to the data received from the User.

e. Principle of limitation of the storage period: personal data will only be kept in such a way as to allow the identification of the User for the time necessary for the purposes of their treatment.

f. Principle of integrity and confidentiality: personal data will be processed in such a way as to guarantee its security and confidentiality.

g. Principle of proactive responsibility: the Controller must ensure that the above principles are complied with.

III. What personal data do we process and where does it come from?

The personal data obtained by Evanhub, through forms and other elements included on the Website, will be incorporated and processed in the Evanhub database in order to facilitate, streamline, and fulfill the commitments established between Evanhub and the Users; or for the maintenance of the relationship that is established in the forms that they fill out; or to respond to a request or consultation of the same, among others. In particular, the data of the Users will be obtained by Evanhub through the following mechanism(s):

  • Automatic data collection mechanism: Cookies.

  • Manual data collection mechanisms: Filling out forms.

On your relationship with us, the following categories of personal data may be processed:

  • Identification and contact data of patients or representatives of these (including signature, image, identity card) and any other administrative data.

  • Data related to health integrated in the patient's medical history.

  • Personal characteristics, social or socio-health circumstances.

  • Transactional data (payments, income, transfers, amounts owed).

The data may come from the data subject (patient) or, where appropriate, from his/her legal or voluntary representative and/or healthcare personnel. In the case of the contact questionnaire from our website, they will come exclusively from those described in said form.

The categories of personal data that are processed on this Website are data categorized as data of "sensitive nature" and, therefore, the express consent of the User is required to proceed with the use of this Website. Said consent will be granted, indistinctly, once the User accepts the Terms and Conditions and/or this Privacy Policy, being sufficient for this with their access to the Website and/or its use.

IV. Controller: Who are we?

EVANHUB SpA Tax ID (RUT): N°76.448.033-3 Address: Badajoz N°100, office 1422, Las Condes, Metropolitan Region, Chile Email address: contacto@evanhub.com

In order to comply with the principles established in this instrument and in the applicable regulations, the Data Controller has designated a data delegate (hereinafter, "Data Delegate" or "Delegate"), who will be in charge of administering and safeguarding the registration, bank, or database according to the express and written instructions of the Data Controller; which can be contacted through the following email address: contacto@evanhub.com.

V. Purpose of the processing: What will we use your data for?

  1. Provision of the service: Your personal data is processed in order to provide you with the service you require, as well as to manage it administratively, for example:
  • Remind you of your appointments;
  • Attend to any communication reported by the User;
  • Manage any incident or claim filed by the User;
  • Carry out surveys with the aim of knowing your opinion about the service received and that will be used only to improve and develop our services and the management of these;

  1. Provision of the User's intranet service: if the User registers on the portal, their personal data may be processed in order to manage access to the tool, as well as the use of this.

  2. Attention to requests for information: of any kind, including commercial, complaint, suggestion, claim, exercise of data protection rights, etc.: in these cases your data will be processed in order to manage and process the request.

  3. Fulfillment of legal obligations: it may be necessary to process personal data in order to comply with the corresponding legal requirements. Specifically, to comply with legislation on data protection, tax, health, etc.

  4. Formalization and execution of the service: the personal data of the User are processed in order to manage their relationship with Evanhub.

  5. Sending commercial communications: always with your prior consent.

In accordance with the activities indicated in the Terms and Conditions, referred to the processing of data of the User, which is carried out due to the use of the Site, Evanhub recognizes that the personal data will be used exclusively for the purposes for which they have been collected, unless they come from or have been collected from publicly accessible sources and/or are not of a reserved nature. Sensitive data may not be processed, unless authorized by law, there is consent from the holder or they are data necessary for the determination or granting of health benefits that correspond to their owners.

The User, at any time, will have the right to withdraw their consent and said withdrawal will not condition the use of the Website. Without prejudice to the foregoing, having withdrawn consent and only in case of detecting problems in the processing of data entered into the Website, the User must contact the "Data Delegate" to report the situation and that this operates delivering, in the shortest possible time, a solution to the User.

On occasions in which the User must or may provide their data through forms to make inquiries, request information or for reasons related to the content of the Website, they will be informed of the need to complete those forms, as they are considered essential for the proper development of the operation performed.

The data collected will be treated for the purposes specified and in no case in a manner incompatible with said purposes. We remind you that treatment for scientific research or statistical purposes are not considered incompatible with the initial purpose.

If the User has given their express consent, Evanhub may use their data in anonymized form for scientific or statistical research purposes. Such processing involves the irreversible dissociation of the data from its owner so that the patient cannot be identified. This consent is voluntary, separate from the consent to receive the service, and may be revoked at any time without affecting the User’s relationship with Evanhub.

In any case, we treat your data to serve you always with the same level of quality of care, regardless of the channel you use to communicate with us (website, in person, by phone or telematically).

VI. Legitimacy of the processing: Why do we need your data?

Provision of the service Treatment necessary for the execution of service in which the data subject is part; consent of the data subject; legitimate interests of the Controller; protect interests of the person.

Attention to requests Consent of the data subject and/or legitimate interests of the Controller.

Compliance with legal obligations Treatment necessary for the fulfillment of a legal obligation applicable to the Controller.

Formalization and execution of the service Execution of a service in which the data subject is part.

Sending commercial communications Consent of the data subject.

VII. Recipients: Who do we share your data with?

The personal data of the Users may be shared with third parties, for which, in accordance with this Policy, Evanhub must leave record of this, informing the User and modifying this instrument, if applicable.

In the event that the above circumstance is verified, the recipient will be individualized, the reason and purpose of the data transmission to them, and the type of data that is transmitted.

The recipient may only use the aforementioned personal data for the purposes that motivated the transfer or transmission.

In the event that the person responsible for data processing, through the Delegate, intends to transfer data to entities outside of Chile, a country or international organization, at the time the personal data is obtained, the Users will be informed about the intention to transfer or transmit the data to said entities, unless said transmission is in compliance with the provisions of International Treaties and/or current agreements.

VIII. Conservation: How long will we keep your data?

In general, your data will only be kept for the time strictly necessary for the purpose for which it was collected and, in any case, until the User requests the deletion of the processing of these.

The personal data provided, as well as those derived from the service provided, will be kept for the time appropriate to each case (taking into account medical and legal criteria), and as a minimum, 15 years from the date of execution of the service, unless the regulations establish a minimum retention period different from the one indicated, in which case the provisions of the applicable regulations will be followed.

Once the aforementioned minimum period has elapsed, and the execution of the Service has been completed, the Controller will keep your data duly blocked, during the term of the periods corresponding to the legal limitation.

The personal data provided for the purpose of managing any request for information, complaint, suggestion, claim, exercise of data protection rights, etc., will be kept for the time necessary to process the request and, in any case, for the legally established time, as well as during the period necessary for the formulation, exercise or defense of claims.

The data processed for the fulfillment of legal obligations will be kept for the time established in the applicable legislation.

The data collected for the formalization and execution of the service will be kept for the period in which the commercial relationship lasts, as well as during the period necessary for the formulation, exercise or defense of claims.

IX. Security: How are we going to protect your data?

We employ all reasonable efforts to maintain the confidentiality of the personal information that is processed in our systems.

We maintain strict levels of security to protect personal data that we process against accidental losses and unauthorized access, processing, or disclosure, taking into account the state of technology, the nature and the risks to which the data are exposed. However, we cannot be held responsible for the use that the User makes of the data (including user and password) that they use on our website.

Our staff follows strict privacy rules and in the event that we hire third parties to provide support services, we require them to comply with the same rules and allow us to audit them to verify their compliance.

X. Your rights: What rights can you exercise as an interested party?

We inform you that you may exercise the following rights:

a) Right of access to your personal data, to know which ones are being processed and the processing operations carried out with them; b) Right to rectification of any inaccurate personal data; c) Right to deletion of your personal data, when this is possible (for example, by legal imperative); d) Right to limitation of the processing of your personal data when the accuracy, legality, or necessity of the processing of the data is doubtful, in which case, we may retain them for the exercise or defense of claims; e) Right to object to the processing of your personal data, when the legal basis that enables us to process them is our legitimate interest. Evanhub will stop processing your data unless it has a legitimate interest or it is necessary for the defense of claims, when this right proceeds; f) Right to the portability of your data, when the legal basis that enables us to process them is the existence of a contractual relationship or your consent; g) Right to revoke the consent granted to Evanhub.

The User may exercise their rights by sending a written communication to the Delegate (or the Controller, if applicable), in accordance with the provisions of article 16 of Law N°19.628.

XI. Protection of rights: Where can you file a claim? Jurisdiction and applicable law

If the User considers that there is a problem or infringement of current regulations in the way in which their Personal Data is being processed, they will have the right to exercise the appropriate actions that they deem pertinent before the Courts of Justice. The foregoing, as detailed in the Terms and Conditions of the Website.

This Policy shall be interpreted and executed in accordance with the laws of the Republic of Chile. Likewise, the User unconditionally submits to the jurisdiction of the ordinary courts of the Republic of Chile for the resolution of any doubt, difficulty or controversy related to all or part of this Policy.

For all legal effects derived from this instrument, the parties fix their domicile in the city and commune of Santiago.

XII. Acceptance and modification of this Privacy Policy

It is necessary that the User has read and agrees with these Privacy Policies, in the terms that are presented.

This means, among other things, that you accept the processing of your personal data so that the person responsible for the treatment can proceed to it in the forms, terms, and purposes indicated. In this sense, access and/or use of the Website signifies express acceptance of this Policy in all its parts.

Evanhub reserves the right to modify its Privacy Policy, in all its parts, according to its own criteria or motivated by a legislative or jurisprudential change. The changes or updates to this Policy will be brought to the attention of the User, as indicated in the Terms and Conditions.

The User is recommended to consult this page periodically so that they are aware of the changes or modifications to the Privacy Policy of this Website.

In order to guarantee compliance with the regulations on the protection of personal data, Evanhub has received consulting and advisory services from Adeplus Consultores S.L.U.