Care Provider Registration

The following terms of use govern all access and use of Careshaper software application and its website and all present and future content, services and products available therein (taken together, the "Software Platform"). The Software Platform is owned and operated by Careshaper S.R.L. (the "Company"). The Software Platform is offered subject to your acceptance without modification of all the terms of use contained herein and all other operating rules, policies and procedures that may be published from time to time on the Software Platform (taken together, the "Terms of Use"). Please read these Terms of Use carefully before accessing or using the Software Platform. By accessing or using any part of the Software Platform, you agree to become bound by the Terms of Use, which represent a contract between you and the Company. If you do not agree entirely to the Terms of Use, then you may not access and use the Software Platform.

For the Care Providers, the Software Platform is available only to individuals who are at least 18 years old and in any and all cases only to individuals who can form a binding contract with the Company. For the clients (care seekers) the Software Platform is available to individuals of any age. The Software Platform is provided exclusively to persons. Accounts registered by “bots” or automated methods are not authorized and will be terminated. You are solely responsible for all of your activity throughout the Software Platform. By uploading your content on the Software Platform, you represent and warrant to the Company that you have all necessary rights and licenses to do so and you do represent accurately and faithfully your identity, your age, your current or previous positions, qualifications, authorizations or affiliations with a person or entity. If you agree to these Terms of Use on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Software Platform, to these Terms of Use. You agree to not disrupt the Company’s networks and servers. The Company reserves the right to take actions against any activity considered abusive in that regard. You agree to not use the Software Platform for any unlawful or prohibited activities. The Company may terminate accounts which are being used for illegal activities, particularly in response to court orders from the competent authorities informing the Company of such illegal activity. You agree that you will not: use another user’s account without permission, intentionally allow another user to access your account, provide false or inaccurate information when registering an account. You agree to notify the Company immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized access or use of your username, password and/or account. If you are a user who signs up in the Software Platform, you will create a personalized account which includes a unique username and a password to access the Software Platform and to receive messages from the Company. The Company has no obligation to store or forward the contents of terminated accounts. Due to the encrypted nature of the Software Platform, you acknowledge that the Company has no ability or obligation to recover your data if you misplace your decryption password.

The Company grants you a non-exclusive, limited, personal, non-transferable, revocable, non-sublicensable, license to access and use the Software Platform, subject to compliance with the provisions contained in these Terms of Use. All and any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the Software Platform, that are not property of the Software Platform users, are owned, controlled or licensed by the Company and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to this content remains with the Company at all times. The Software Platform and its content do not constitute and are not intended to constitute legal, medical or any other sort of advice in itself and do not establish a professional-client relationship. If you need legal advice, please refer to an attorney. If you need health advice, please contact a health professional, including among the professionals listed in the Software Platform, or elsewhere, as you may deem fit for yourself. If you need any sort of advice, please refer to their respective professional organizations. Opinions, advice, statements, offers, or other information or content made available through the Software Platform, but not directly by the Software Platform, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not make any warranty about the validity of the content, despite its best efforts to keep the content up to date and as accurate as possible. The Company does not guarantee the accuracy, completeness, or usefulness of any information in the Software Platform nor does it adopt nor endorses, nor it is responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. The Company takes no responsibility and assume no liability for any user content that you or any other user or third party posts or sends via the Software Platform. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted in the Software Platform, or transmitted to users. You are solely responsible for the content that you post, upload, link to or otherwise make available via the Software Platform. You are solely responsible for your account and the activity that occurs while signed in to or while using your account. You agree that the Company is only acting as a passive conduit for your online distribution and publication of your user content. The Company, however, reserves the right to remove any user content from the Software Platform at its sole discretion. Though the Company strives to enforce these Terms of Use, you may be exposed to user content that is inaccurate or objectionable when you use or access the Software Platform. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Software Platform or to limit or deny a user’s access to the Software Platform or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which the Company deems unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or these Terms of Use or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under the applicable law. If you become aware of a misuse of our Software Platform or violation of these Terms of Use, please contact the Company via the contact us page.

You may choose to purchase a subscription through the Software Platform direct billing or other payment platforms authorized by the Company. If you choose to make such a purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (your "Payment Method") will be charged at the prices and in the currencies displayed to you for the service(s) you've selected, as well as any sales or similar taxes that may be imposed on your payments, and you authorize the Company to charge you. Other than income taxes imposed on the Company, you will bear all taxes, duties, VAT, and all other governmental charges (collectively, “Taxes”) resulting from these Terms of Use. If you are exempt from any applicable Taxes, you will provide evidence reasonably satisfactory to the Company of your tax-exempt status and, after receipt of such evidence, the Company will not charge you any Taxes from which you are exempt. If it is determined that payments due under these Terms of Use are subject to withholding Taxes, you shall notify the Company prior to deducting any such Taxes. You shall: (a) only withhold amounts required under law; (b) make timely payment to the proper taxing authority of such withheld amount; and (c) provide the Company with proof of such payment within thirty (30) days following that payment. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, unless otherwise notified by the Company. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with these Terms of Use. Objections to a payment already made should be directed to customer support if you were billed directly by the Company. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to settings on the Software Platform, however you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log in to your account (or settings on the Software Platform, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Software Platform from your device. Deleting your account on the Software Platform or deleting the Software Platform from your device does not terminate or cancel your subscription. The Company will retain all funds charged to your Payment Method until you terminate or cancel your subscription on the Software Platform. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. You may edit your Payment Method information by going to settings on the Software Platform. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize the Company to continue billing the Payment Method, as it may be updated. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, payment card issuer or other provider of your chosen Payment Method. Upon your request, the Company will make available to you an electronic proof of payment (e.g. invoice, bill, receipt), stating that applicable amount has been paid or that no remaining balance exists, or other appropriate proof that payment has been made for that purchase. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. The Company may make an exception if a refund for a subscription offering is requested within 14 days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. If you use your right of cancellation, the Company will refund all payments received from you, without undue delay and in any case within 14 days of the date when the Company received notice of your decision to cancel the agreement. The Company shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

The Company cannot make any warranty about the reliability of the Software Platform or guarantee the security of user data, despite best efforts. The Software Platform is provided “as is” without warranty of any kind. You agree to not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Software Platform. You agree to not hold the Company and any parents, subsidiaries, officers, employees or third party contractors responsible, nor to seek indemnification for any claim, demand, or any incidental, indirect, special, consequential or exemplary damages, including reasonable attorneys’ fees, that may arise as a result of the loss of access, use, data, or profits and/or in connection to your use of the Software Platform and/or in connection to the performance of the Software Platform or failure in such performance. The Company expressly disclaims all warranties, whether express, implied or statutory, regarding the Software Platform including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. The Company makes no warranty or representation that access to, use or operation of the Software Platform will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material contained within the Software Platform. If you have a dispute with one or more users, you release the Company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. The Company may make improvements and changes to the Software Platform at any time with or without notice. The Company may at its sole discretion, terminate service without cause or notice.

The Company Privacy Policy explains the way it handles and protects your personal data in relation to your access and use of the Software Platform. By agreeing to these Terms of Use and in order to be able to use the Software Platform, you also agree to the Company Privacy Policy.

Within the limits of applicable law, the Company reserves the right to review and change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use. Continued use of the Software Platform after such changes shall constitute your consent to such changes. The Company will endeavor to notify you of material changes to the Terms of Use by posting a notice in the Software Platform and/or sending an e-mail to the e-mail address you provided to the Company upon registration. For this additional reason, you should keep your contact and profile information current. The Company’s rights under these Terms of Use survive any transfer or termination of these Terms of Use. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by the Company without restriction.

These Terms of Use commence on the date you accept them and continue until terminated in accordance with the provisions herein. If you want to terminate these Terms of Use, you may do so by (a) notifying the Company at any time, and (b) closing your account. Your notice should be sent to the Company’s contact information below. Upon such termination, you will not be entitled to any refund for purchases. The Company may terminate or suspend these Terms of Use, including your account, if you breach these Terms of Use or if the Company is required to do so by applicable law. You agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your account. Termination of these Terms of Use or your account includes the removal of access to your account, and all related information and content associated with or inside your account. All provisions of these Terms of Use, which by their nature should survive, shall survive termination of these Terms of Use, including, without limitation, the jurisdiction, ownership provisions, warranty disclaimers and limitation of liability.

If any part of these Terms of Use is held or found to be invalid or unenforceable, that portion of the Terms of Use will be construed as to be consistent with applicable law while the remaining portions of the Terms of Use will remain in full force and effect. Any failure on the Company’s part to enforce any provision of these Terms of Use will not be considered a waiver of its right to enforce such provision. For contractual purposes, you consent to receive communications from the Company in an electronic form via the e-mail address you have submitted and/or through in Software Platform notifications. Also, you agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. These Terms of Use are governed by the laws of Romania. Any controversy, claim, or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the competent courts in Bucharest, Romania, without regard to conflict of law provisions.

You acknowledge that you have read these Terms of Use, understand these Terms of Use, and will be bound by these Terms of Use. In the event there is a discrepancy between this English language version and any translated copies of these Terms of Use, the English version shall prevail in case of conflict of interpretation. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms of Use and you may not make any representations on behalf of or bind the Company in any manner. You further acknowledge that these Terms of Use together with the Privacy Policy represent the entire agreement between you and the Company and that it supersedes any proposal or prior agreement, representations and arrangements, oral or written, and any other communications between you and the Company relating to the subject matter of these Terms of Use.

If you have any questions about the Company’s terms of use, the data it holds on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us from the contact us page.

These Terms of Use were last updated on: 18 April 2022

Careshaper is a product of Careshaper S.R.L. (the "Company"), a software developer specialized in the development of health care software located in Bucharest, Romania.

The Company has the obligation to use the personal data provided to it in a safe way and only within the specified purposes, manners and periods, in accordance with the provisions of the national legislation on data protection and data security, and with European legislation in force, i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "GDPR").

This privacy policy explains how the Company uses the personal data it collects from you when you use its software application and/or its website.

Depending on whether or not you have a registered account, the Company processes different categories of personal data, in accordance with the GDPR provisions, as a data controller through the services, in accordance with the applicable specific provisions, in situations where:

• you are a care seeker – a natural person using the Careshaper online software platform to find care providers and seek and manage the consultations between yourselves. The care seekers are the sole owners of their personal data;

• you are a care provider – a natural person using the Careshaper online software platform to find care seekers and provide and manage the consultations between yourselves. The care providers are the sole owners of their personal data.

• online professional profile presentations;
• account management;
• online consultations bookings;
• agenda and calendar management;
• consultation management;
• client and health management;
• referrals and client sharing;
• communication management;
• (pre-)payments;
• events and notification services.

• collection and storage of personal information inserted by the care seekers and/or the care providers in their endeavours to organise consultations and manage the health progression;
• in and outward referrals;
• communications within the platform by users between which there is a therapeutic and/or a peer-to-peer relationship, for the purpose of rendering care services and organisation thereof, using e-mail, mobile written telecommunications, in-platform notifications or messages;
• data imports into Careshaper on request from care providers and/or care seekers;
• data exports from Careshaper on request from care providers and/or care seekers;
• automated encryption and backup of data;
• ensuring data consistency;
• management of the IT infrastructure.

You directly and voluntarily provide the Company with most of the data it collects. Upon your request and expression of consent, the Company collects the following data for the purpose of providing services to you and when you register or in order to access and manage your account. Your data is not used for any other purposes or shared with third parties. It is stored locally, indefinitely and is deleted upon your withdrawal of consent or your request to terminate these services. Such data and data categories include:

• Personal identification data: name, username, national identification number and/or social security number, photo image, video images;
• Contact information: e-mail address, telephone number, location;
• Financial information: account number, fee rates;
• Health and sociological information: physical data, physiological data, psychological data, economic status, cultural identity, social identity;
• Health management data: data relative to resources and procedures used for the medical and paramedical care of the care seekers;
• Details of the other members of the household in case of care seekers in need of representation.

Based on its legitimate interests, the Company collects the following data for the purpose of running the software application and/or the website more efficiently and improve the quality of the services. Your data is not used for any other purposes. It is stored locally, indefinitely and is deleted upon your request.

• Your communications with the Company, such as support requests, reports, your voluntarily completion of a customer survey, provision of feedback on any of the message boards or via e-mail may be saved by the Company;
• Statistics: the website uses proprietary procedures about the user journey which allows the Company to notice trends to improve the user experience on its website. We gather some or all of the following details: the date and time, the title of the page being viewed, the URL of the page being viewed, the URL of the page that was viewed prior to the current page, the screen resolution, the time in local time zone, the files that were clicked on and downloaded (action only), the links clicked on to an outside domain, the type of device, and the country, region, and city. You may opt out of this tracking at any time by activating the “Do Not Track” setting in your browser;
• Analytics: when using the software application, the Company may collect certain information and may use mobile analytics software (such as app statistics and crash reporting) to send crash information to the Company developers so that bugs can be fixed rapidly.

For the performance of a contract between the Company and care providers, or in order to take steps at the request of the care provider prior to entering into such a contract, it is necessary for the Company to process the following information. Your data is not used for any other purposes. The Company relies on third parties to process payment cards, PayPal, and other financial transactions and must therefore share payment information with third parties. When the Company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases. This data is stored for as long as necessary to carry out all deeds undertaken through the contract, after which it is deleted or archived, according to the applicable legislation.

• Personal identification data: name, national identification number or social security number, electronic signature;
• Contact information: physical address; e-mail address, telephone number;
• Financial information: account number, fee rates.

De-identification procedures have been included in Careshaper core to ensure data confidentiality by which personal identifiable information fields are replaced by artificial identifiers. The Company has no technical means to access the content of your communications, files, and calendar events. Such data is end-to-end encrypted. The Company server infrastructure is hosted on its own servers and only uses data centers located in Bucharest, Romania (eu-central-1) to ensure the data stays within the EU. The facility where the server is physically hosted meets the EU industry standards for physical security and safety, as well as multiple redundant internet connections to ensure service continuity.

Careshaper offers their clients to synchronize their Careshaper Agenda events and sessions with Google Calendar.

• We need permissions to create a secondary Google calendar specific for Careshaper events. This is to ensure that your personal Google Calendar events are separate from your Careshaper Agenda events.
• We need your permissions to create, modify and remove events in this secondary Careshaper calendar. We will be able to access only data from this newly created Careshaper calendar in your Google Calendars.
• We will store in our application only your Careshaper Google calendar ID and the events ID's created in the Careshaper Google Calendar in order to accurately synchronize it with the Careshaper Agenda. We will also store access tokens which facilitate seamless access to your Careshaper Google Calendar.
• Besides the Careshaper Google Calendar, we will be unable to access any other information from any of your Google Calendar data.
• No Google Calendar data will be shared with any other 3rd parties or used for advertising purposes.

Careshaper's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

The Company does not operate with external partners or subcontractors at this time. If this occurs, external partners or subcontractors are required to conform to at least the same security standards as the Company. These external partners or sub-contractors will not be allowed to process or transfer data to third countries outside EU/EEA, unless a valid adequacy decision is adopted by the European Commission with regard to protection of personal data.

The Company website contains links to other websites. This privacy policy applies only to Company website, so if you click on a link to another website, you should read their privacy policy. The website may include embedded content (e.g. videos, charts, etc.). Embedded content from other websites behaves in the exact same way as if the visitor had visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website. Some platforms (such as the Google Play Store or the Apple App Store) may also collect aggregate, anonymous statistics like which type of devices and operating systems that are most commonly used, the total number of installs, total number of uninstalls, and the total number of active users, and may be governed by the privacy policy and terms and conditions of the Google Play Store or the Apple App Store.

According to GDPR, you have the right of access, the right of rectification, the right of erasure, the right to restriction of processing, the right to data portability, the right to object and the right not to be subject to a decision based solely on automated processing. You can exercise these rights in your use of the services, directly or under certain conditions. If you make a request, the Company has one month to respond to you.

If you have any questions about the Company’s privacy policy, the data it holds on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us from the contact page.