Viveo Health

Privacy Policy

General Terms and Conditions of the Health Care Service 1. Health Care Service Agreement 2. Provision of Health Care Service 3. Payment for Health Care Services 4. Health Test 5. Consent to Provide Health Care Service 6. VIVEO’s Obligations 7. The Obligations of the Client 8. Postponement of Service Provision 9. Refusal to Provide the Service 10. Termination of a Health Care Service Contract 11. Liability 12. Submitting a Complaint and Giving Feedback 13. Applicable Legislation and the Settlement of Disputes Personal Data Processing Agreement (DPA) 1. Personal Data Processing Agreement (DPA) Terms and conditions of use for a service provider 1. Purpose of the Terms and Conditions 2. Definitions 3. The Contract of Services 4. The Platform 5. Intellectual Property 6. Confidentiality and Processing of Personal Data 7. Fee 8. Liability of VIVEO 9. Termination of the Contract for Use 10. Applicable Legislation and the Settlement of Disputes 11. Rules for the Processing of Service Provider's Data Terms of Use of the Viveo Platform for Client 1. Purpose of the Terms of Use 2. Definitions 3. Platform Service 4. The Platform 5. Intellectual Property 6. Confidentiality 7. Fee 8. Liability of Viveo 9. Termination of the User Agreement 10. Applicable Legislation and the Settlement of Disputes Viveo Health OÜ Privacy Terms and Conditions 1. Viveo Health OÜ Privacy Terms and Conditions 2. What Kind of Personal Data We Process? 3. What is the Purpose of the Data Processing? 4. What is the Legal Basis of Privacy and How it Secures Your Information? 5. Who Do Viveo Share Your Information? 6. How Long Will Viveo Retain Your Personal Data and Where Does it Go? 7. Which Rights and Controls You Have?

General Terms and Conditions of the Health Care Service

1. Health Care Service Agreement

1.1 The Parties to the Health Care Service Agreement are the Service provider and the Client.

1.2 The Platform is a convenient web solution for providing and using several services, including health care services, available via the website viveohealth.com and the mobile app (hereinafter Platform).

1.3 The Service provider is a service provider, medical service provider or a private doctor that provides services or health care services to the Client via the Platform. VIVEO is not providing health care services. VIVEO only acts as the owner and administrator of the Platform.

1.4 The General Terms and Conditions of the Health Care Service (hereinafter the General Terms and Conditions) apply to the Health Care Service Agreement.

1.5 The Health Care Service Agreement is concluded between the Client and the Service provider once the Client has selected a health care provider on the Platform, after concluding the user agreement and having contacted the representative of the Service provider or doctor and the Service provider has started providing Health Care Services to the Client (hereinafter Services).

1.6 The Client uses the Platform to contact the Service provider via chat or video call or other telemedicine telecommunications medium.

2. Provision of Health Care Service

2.1 The Client has the right to visit the Service provider selected from the Platform with a health problem and to use health care services to the extent and in accordance with the procedure provided for in the General Terms and Conditions.

2.2 The Client has the right to order other services from the Platform which Services providers via the Platform provides in accordance with the procedure provided for in the General Terms and Conditions.

2.3 To use the Health Care Service, the Client must submit a complaint to the Service provider regarding health concerns and describe the health problem (hereinafter Complaint). Complaints can be submitted to VIVEO through the Platform.

2.4 The Service provider is represented by a doctor or other health service professional whose contact information, details, and activity licence are displayed in the Platform.

2.5 To submit a complaint, the Client must: - log in to the Platform and identify himself or herself; - submit the Complaint to the Service provider via the Platform in writing and, if desired, attach relevant files (for example, a picture of the complaint) to the Complaint. - submit the Complaint orally, via a video call, or other telecommunications medium.

2.6 After submitting the Complaint, the Service provider will contact the Client and, if necessary, arrange a time for the provision of the health care service (for example, a video call). The agreed times are entered in the calendar on the Platform.

2.7 The Service provider provides the health care service to the Client only through the Platform by telephone or video call (hereinafter together referred to as Telemedicine). The Services provider provides the following health care services and only to the extent that the Client so wishes, and the Service provider offers them if their provision is possible through Telemedicine: - conversation with the Client and the compiling and storage of a medical history; - diagnostics, treatment planning and making a diagnosis; - prescribing treatment; counselling for maintaining and improving health; - consulting on work-life balance; - recommending medicinal products and writing a prescription; - preparation of documents certifying the provision of services and processing of data related to the provision of the health care service to the Client in the health information system; - other activities necessary for the visit which are directly related to the provision of the health care service.

2.8 If the Service provider finds it necessary to provide the Client with health care services that are not offered by the Services provider itself (incl. if it is necessary to invite the Client to a reception where the health care professional and the Client are physically present in the same room), then the Service provider will reserve and organise the provision of the necessary health care services for the Client at a other Service Provider.

2.9 The Service provider may provide, among other things, the following services: - specialist medical care and nursing services; - examinations, procedures and analyses; - laboratory tests; - dispensing of prescription drugs.

2.10 If the Client incurs costs related to the provision of the health care service by the Partner, the Service provider shall explain, where the costs are foreseeable, how the costs are incurred.

2.11 For each Complaint, the Service provider creates an anamnesis on the Health Platform, into which the health service professional enters the treatment plan created during the provision of the health care service. The Client can get acquainted with all related medical records through the Platform.

2.12 If the health care service is provided by video or telephone call, the Client shall ensure that there is no one else present to see and/or hear the video or telephone call. In a situation where a person who sees and/or hears a video or telephone call is present with the Client, the Client consents to the provision of the health care service in the presence of the respective person.

2.13 The Clinic does not provide health care services other than those specified in section 2.6.

2.14 The Service provider provides the Services in the official language of the country where the Service provider is located or in another language by agreement.

3. Payment for Health Care Services

3.1 The Client shall pay for health care services in accordance with the price list of the Service provider.

3.2 Payment of the fee will be made through VIVEO based on an invoice issued by VIVEO by the deadline and in accordance with the procedure specified in the invoice. The Service provider may also require payment in advance.

3.3 The invoice submitted by VIVEO must be paid to the bank account indicated on the invoice no later than within seven (7) days after the submission of the invoice, unless otherwise stated on the invoice. In case of delay in the fulfilment of the financial obligation, VIVEO will have the right to demand interest on arrears of 0.15% on the unpaid amount per day.

4. Health Test

4.1 The Client can perform a health test (hereinafter Test) on the Platform, answering various questions regarding the behaviour, illnesses, and other health-related matters of the Client.

4.2 Based on the answers given in the test, VIVEO can provide the Client with advice on making behavioural changes and draw the attention of the Client to possible health problems. VIVEO may provide an assessment of the health behaviour of the Client and reflect it as a graphical percentage. If the Client has additional questions or wishes to take any actions or conclusions based on the results of the Test, the Client is entitled to contact VIVEO.

5. Consent to Provide Health Care Service

5.1 The Service provider only provides health care service to the Client with the consent of the Client. By agreeing to the Terms of Use and the General Terms and Conditions of the Health Care Service and by contacting the Clinic in connection with a health concern, the Client shall be deemed to have knowingly consented to receiving the Health Care Service.

5.2 The Client has the right to withdraw his or her consent before or during the provision of the health care service. If the Client withdraws his or her consent during the provision of the health care service and the suspension of the provision of the health care service does not endanger the health of the Client, the provision of the health care service will be terminated. If the suspension endangers the health of the Client, the minimum necessary actions to ensure the safety of the patient shall be performed before the termination of the health care service.

5.3 Withdrawal of consent does not negate the provision of the health care service provided until the withdrawal of consent.

5.4 VIVEO has the right to request the consent of the Client (or application for withdrawal of consent) in writing or in a form that can be reproduced in writing.

5.5 In the case of a Client with limited active legal capacity, the legal representative of the Client (for example, a guardian appointed by the court for an adult with a mental disorder) consents to the provision of health care service, unless the Client is able to responsibly consider the pros and cons of providing the health care service. VIVEO will not follow a decision made by a legal representative that is manifestly prejudicial to the interests of the Client.

5.6 As an exception, VIVEO may provide health care services without the consent of the Client if this arises from applicable legislation.

6. VIVEO’s Obligations

6.1 The Service provider provides health care service to the Client who requests it, provided that: - The Client has a health disorder or is at risk thereof; - In order to treat the health disorder of the Client, it is necessary to provide health care service to the Client; - the necessary health care service is the type that is being provided by the Service provider; - The actions and measures requested by the Client (for example, the type of health care service selected) are not in conflict with legislation or the Terms of Use; - there are no other grounds for refusing to provide health care services.

6.2 Unless otherwise provided by legislation, when providing health care services, the Service provider shall: - obtain the consent of the Client for the provision of the health care service (deemed given – see clause 5.1; - inform the Client of the results of the examination and his or her state of health, possible illnesses and their course, the availability, nature and purpose of the necessary health care service, the risks and consequences involved with its provision and other possible health care services. At the request of the Client, the Service provider must submit this information in a form that can be reproduced in writing. The Service provider undertakes not to disclose the above information to the Client if the Client refuses to accept the information and this does not harm the legitimate interests of the Client or other persons; - to keep secret information about the Client and his or her state of health that has become known during the provision of the health care service (unless otherwise provided by applicable legislation or if the transfer of personal data is lawful and takes place in accordance with the Privacy Terms and Conditions); - properly document the provision of the health care service and keep the relevant documents. The Client has the right to examine these documents and receive transcripts at their own expense; - to provide health care services at least at the general level of medical science during the provision of the health care service and to provide the health care service with the care normally expected from a health care provider. If necessary, the Service provider shall refer the Client to a medical specialist or to involve a medical specialist.

7. The Obligations of the Client

7.1 The Client shall: - disclose to the Service provider, to the best of his or her knowledge, all circumstances necessary for the provision of the health care service (for example, circumstances that may affect his or her current state of health and the provision of health care service, such as unhealthy habits, medicinal products being consumed, and chronic illnesses); - disclose to the Service provider, to the best of its knowledge, other information in respect of which the Service provider may reasonably have an interest in providing health care service; - to provide the assistance required by the Service provider for the provision of the health care service and the performance of the contract; - be ready for the provision of the health care service at the agreed upon time – for example, be ready to make a video call with the Service provider at the agreed upon time. If the Client is not ready for the provision of the health care service at the agreed upon time, the Client shall notify the Service provider at least 12 hours in advance; - perform other obligations prescribed for the Client in these General Terms and Conditions.

7.2 The Client is prohibited from: - Providing incorrect information; - Behaving rudely when using the health care service.

8. Postponement of Service Provision

8.1 The Service provider has the right to postpone the provision of the Service, if: - due to a work organisation problem (for example, illness of a health care professional or failure of a medical device), the provision of the health care service is not possible at the prescribed time and the postponement thereof is reasonable in the opinion of the Client considering the condition of the Client; - Due to the conflict between the Client and the employee of the Service provider providing the health care service, it is, in the opinion of the Service provider, reasonable to refer the Client to another health care professional; - The Client has violated or failed to perform any of the obligations set out in the Terms of Use or the General Terms and Conditions.

8.2 The Service provider will notify the Client of the postponement of the Service as soon as possible and offer a new time for the provision of the health care service as soon as possible.

9. Refusal to Provide the Service

9.1 VIVEO and the Service provider have the right to postpone the provision of the Service and/or refuse to enter into an agreement for the provision of health care services or to refuse to provide the Service within the framework of an already concluded legal relationship, if: - The Client is not ready for the provision of the health care services at the agreed upon time (for example, not ready for a video call at the agreed time); - The Client requests the provision of health care services under conditions that are in conflict with applicable law or these Terms of use; - The Client violates its obligations arising from the orally agreed terms and conditions for the provision of health care services, the Terms of Use, the internal rules of VIVEO and the Service provider, or applicable law (for example, the Client violates the obligation to disclose all circumstances necessary for the provision of health care service or to provide assistance that the Service provider requires for performance of the agreement; - The health care service requested by the Client is not medically necessary or indicated based on the state of the health of the Client or its provision may endanger the life or health of an employee of the Service provider or a third party; - provision of health care services entails a greater risk to the life and health of the Client compared to the failure to provide health care services; - According to its activity licence, the Service provider does not have the right to provide the desired health care service to the Client or does not have the professional competence to provide a specific health care service; - The employees of the Service provider are unable to communicate with the Client in a language they understand and the Client is unable to involve an interpreter and therefore, it is not possible for the Service provider to obtain the informed consent of the Client for the provision of health care services; - The Client is intoxicated with alcohol or drugs during the provision of the health care service or, in the opinion of Service provider C employees, the Client exhibits signs of alcohol or drug intoxication; - The Client or a person close to him/her treats the Service provider employee rudely or uses verbal or physical violence against them; - The Client has violated or failed to perform any of the obligations provided in the General Terms and Conditions or the Terms of use;

9.2 Refusal or termination of the provision of health care service is described in the medical documents of the Client.

10. Termination of a Health Care Service Contract

10.1 The health care service contract expires: - termination of the provision of health care services; - taking over the provision of health care services by another health service provider; - termination of the contract for the provision of health care services; - death of the Client; - Upon expiration of the Health Platform User Agreement.

10.2 The Client has the right to cancel the health care service contract at any time without giving a reason, unless otherwise provided by applicable law.

10.3 The Service provider has the right to cancel the contract for the provision of health care services for a good reason, as a result of which the Service provider cannot be expected to continue the provision of health care services taking into account all the circumstances. The circumstances specified in clause 12 of the General Terms and Conditions may be considered a good reason. If necessary (for example, if the health care service must be uninterrupted), the Service provider will continue to provide the health care service to the Client until such time as the Client receives the health care service from elsewhere.

11. Liability

11.1 Neither VIVEO nor the Service provider guarantees the improvement of the health of the Client. The clinic provides the health care services in accordance with the general level of medical science during the provision of the health care service, applying the care normally expected from a health care provider when providing health care services.

11.2 Neither VIVEO, the Service provider, nor the health care professional directly providing the health care service will be liable for any wrongful breach of their obligations, for errors in diagnosis and treatments and for the violation of the obligation to inform the Client and obtain his or her consent.

11.3 Neither VIVEO nor the Service provider is responsible for the possible negative consequences of providing health care if the health care meets the general level of medical science, the direct health care provider has informed the Client of the risks involved, and the Client has given consent to receive the health care.

11.4 The Client shall prove the circumstance on which the liability of VIVEO or the Service provider is based unless the provision of the health care service to the Client has not been properly documented.

11.5 The Client is responsible for the accuracy of the data entered by him/her in the Health Platform and otherwise submitted to VIVEO and the Service provider. In the case of submission of incorrect data, VIVEO or the Service provider has the right to demand compensation from the Client for the damages caused thereby.

11.6 Neither VIVEO nor the Service provider will be liable for any damage that has occurred or will occur to the Client or third parties in connection with the use of legal remedies by VIVEO or the Service provider.

12. Submitting a Complaint and Giving Feedback

12.1 If the Client is not satisfied with the provided health care service, the Client may submit a complaint (or other proposal) regarding the activities of the Service provider directly to the Service provider to the Service provider`s contact address.

12.2 Service provider will respond to the claim no later than within five (5) working days from the receipt of the claim. The reply will be sent to the e-mail or regular mail address provided by the Client. The Service provider will not respond to anonymous claims or claims stating that a response is not requested.

12.3 The Client also has the right to turn to body settling extra-judicial complaints or a court.

12.4 If the Client wishes to provide feedback to the Service provider, this can be done through the Platform. The Client is not allowed to provide health data as part of the feedback

13. Applicable Legislation and the Settlement of Disputes

13.1 Disputes arising between the Service provider and the Client based on the General Terms and Conditions of the Health Care Services will be resolved in good faith through negotiations. If it is impossible to resolve the dispute in this way, jurisdiction is applied in accordance with the legislation of the country in which the Service provider is located. The disputes will be settled without participation of VIVEO.

Personal Data Processing Agreement (DPA)

1. Personal Data Processing Agreement (DPA)

1.1 The Personal Data Processing Agreement (hereinafter agreement) describes how VIVEO (VIVEO Health OÜ, registry code 14351223, address Veerenni tn 38, 10138 Tallinn, Republic of Estonia) and third-party service provider processes personal Data of clients on the Viveo`s Platform.

1.2 VIVEO as VIVEO´s Platform`s owner and Platform`s Service provider provides Platform`s services for clients and for third-party service providers, included the private doctors (hereinafter Service Provider). Service providers provides for clients via Platform health care services and other services on the bases of the Service Agreement.

1.3 Client is the Data Subject when using the VIVEO´s website www.viveohealth.com and VIVEO`s mobile application (hereinafter the Platform). Client of the Platform is a natural or legal person who has an account in the Platform.

1.4 VIVEO is the Data Controller of personal data processing necessary for the management of the Accounts of the Clients of the Platform Service provider and the collection of data on the activity of the use of the services on the VIVEO`Platform Service provider acts as the Data processor as regards such personal data.

1.5 Data processor is VIVEO Health India Private Limited (registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com)

1.6 The Platform User’s Data Controller for personal non-health data is VIVEO.

1.7 The Data Controller for personal health data and for other personal data required for provision services (hereinafter personal data for providing services) are Service providers. Data processor of these personal data and personal health data is VIVEO.

1.8 VIVEO processes on behalf of the Data Controller the following personal data as the Data Processor for the following reasons: - Identification of the Data Subject; - Checking the accuracy, consistency and completeness of personal data; - The provision of healthcare services and other services to the Data Subject via the VIVEO Health Platform; - Communication with the Data Subject, including for video consultations and telemedicine, for the provision of healthcare services and services of the other purposes provided for in the Privacy terms and conditions; - The disclosure of personal data to a Service provider or service providers conducting health research and analysis and payment for the corresponding service and according to client's requirements; - To provide services and enable the use of the Platform so that Data Subjects could use the services by Service provider via the Platform; - To ask for feedback from the Data Subject, responding to it and to improve and analyse the Service; - To fulfil the obligations and exercise the rights arising from legislation and to ensure the economic activities;

1.9 VIVEO only sends direct marketing offers based on the Data Subjects consent, which can be withdrawn. Consent may be granted upon entry into the contract.

1.10 The Service provider as a Data controller is fully responsible for any personal data it processes on the Platform. The Service provider confirms that its personal data processing practices are fully compliant with the data protection laws, including that it has a legal basis to process the personal data as stipulated herein and that it has properly informed the data subjects thereof.

1.11 The Service provider and VIVEO wish to duly observe all their respective obligations under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons about the processing of personal data and the free movement of such data (GDPR), the HIPAA regulation (if it is valid at the place of service) and the applicable strong security requirements for information systems. and any other relevant applicable data protection regulations (together Data Protection Laws). The terms "controller", "processor", "personal data", "data subject", "personal data breach" shall have the meaning given in the GDPR. "Sub-processor" shall mean another processor engaged by VIVEO to process the personal data.

1.12 VIVEO shall: - process the personal data only on lawful documented instructions from the Service provider Service provider and to provide the Platform and the services unless required to do so by the Data Protection Laws. In such case, VIVEO shall inform the Service provider of such requirement in advance, unless that law prohibits providing such information; - ensure that persons authorized to process the personal data have committed themselves to confidentiality; - taking into account the nature of processing and the information available to VIVEO, assist the Service provider in ensuring compliance with the Service provider`s Service provider obligations under Articles 32 to 36 of the GDPR.

1.13 Service providers take appropriate technical and organizational security measures taking into account - the state of the art, - costs of implementation, - nature, scope context and purposes of the processing, and - risks posed to data subjects. Such security measures include, but are not limited to, encrypted transfer, storage and access controls. In deciding on those measures, VIVEO assumes that the Platform and services are used for its intended purposes (online data exchange environment).

1.14 VIVEO shall promptly notify Service provider of any facts known to VIVEO concerning any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of personal data by any current or former employee, contractor or agent of VIVEO or by any other person or third party. VIVEO shall cooperate fully with the Service provider to limit the unauthorized disclosure or use, seek the return of any personal data, and assist in providing notice if requested by the Service provider.

1.15 If Service provider intends to engage Sub-processors to help it satisfy its obligations in accordance with Terms and conditions of use for a Service provider or to delegate all or part of the processing activities to such Sub-processors, VIVEO must (i) keep an exclusive of the list of Sub-processors VIVEO maintains online and in case of Service provider objects to the use of specific Sub-processor start negotiations to find a suitable solution for both sides. The Sub-processors list is updated at least 10 days before engagement of the new Sub-processor and must be objected by Service provider 5 days before engagement to be valid (ii) remain liable to Service provider for the Sub-processors' acts and omissions with concerning to data protection where such Sub-processors act on VIVEO’s instructions; and (iii) enter into contractual arrangements with such Sub-processors binding them to provide the same level of data protection and information security to that provided for in Terms and conditions.

1.16 VIVEO and its sub-processors may transfer personal data outside the EU/EEA only where they have a lawful basis to do so, including to a recipient who is: (i) in a country which provides an adequate level of protection for personal data; or (ii) under an instrument which covers the EU requirements for the transfer of personal data to data processors outside the EU/EEA. Such transfer will only be carried out with encrypted data not accessible to any third parties.

1.17 VIVEO shall assist the Service provider by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Service provider’s obligation to respond to requests for exercising the data subject’s rights under the Data Protection Laws. Taking into account the nature of processing and the information available to VIVEO, VIVEO shall assist the Service provider in ensuring compliance with obligations under Data Protection Laws that are relevant to the data processing subject to Terms and Conditions, including notifications to a supervisory authority or data subjects, the process of undertaking a data protection impact assessment, and with prior consultations with supervisory authorities.

1.18 Upon the Service provider written request, VIVEO shall make available to the Service provider the information necessary to demonstrate its compliance with the obligations laid down in this section herein and in Article 28 of the GDPR, provided the requested information is in VIVEO’s possession or control. Should that prove to be insufficient for the Service provider, VIVEO shall cooperate with the Service provider, including allowing for and contributing to reasonable audits, including inspections, conducted by the Service provider or another auditor mandated by the Service provider and accepted by VIVEO. The details of such audits and inspections shall be agreed between the Service provider and VIVEO, however, the following applies: - VIVEO will only be required to provide to the Service provider information, records and documents reasonably required to demonstrate its compliance with its obligations under this section 6 and Article 28 of the GDPR regarding the personal data; - VIVEO will not disclose any information, records or other documents that are subject to its business secrets; - VIVEO will not disclose any information, records or other documents that would place it in breach of its confidentiality obligations under applicable laws or agreements with other clients or persons; - VIVEO will not disclose any information, records or other documents relating to a matter that is subject to a current, pending or threatened litigation or other dispute resolution mechanism between the Service provider and VIVEO; - any information, records or other documents provided to the Service provider shall be treated as confidential by the Service provider; - the Service provider may exercise its right to perform an audit not more often than once in any calendar year unless it has a reasonable doubt as to the compliance of VIVEO.

1.19 VIVEO shall have no liability to the extent that a claim has arisen due to any act or omission not attributable to VIVEO. VIVEO shall be liable for damage caused in the course of processing if it has not complied with the requirements of the applicable legislation specifically addressed to VIVEO, or if it has not complied with or acted against the lawful instructions of the Service provider by Terms and conditions.

1.20 Any person who has suffered material or non-material damage as a result of an infringement of Terms and conditions shall have the right to receive compensation from the Service provider or VIVEO for the damage suffered.

1.21 Service provider involved in processing shall be liable for the damage caused by processing which infringes the Terms and conditions. VIVEO shall be liable for the damage caused by processing only where it has not complied with obligations of these Terms and Conditions specifically directed to VIVEO or where it has acted outside or contrary to lawful instructions of the Service provider.

1.22 Service provider or VIVEO shall be exempt from liability if it provides that it is not in any way responsible for the event giving rise to the damage.

1.23 Where both Service provider and VIVEO are responsible for any damage caused by processing, they shall be held liable for the entire damage to ensure effective compensation of the data subject. Where Service provider or VIVEO has paid full compensation for the damage suffered, it shall be entitled to claim back from the other liable party involved in the same processing that part of the compensation corresponding to their part of the responsibility for the damage.

1.24 The law of the Estonia shall apply to the legal relations, and disputes arising therefrom.

1.25 Any disputes arising based on the service and the agreement for use will be settled in an Estonian Court on the basis of Estonian jurisdiction.

Terms and conditions of use for a service provider

1. Purpose of the Terms and Conditions

1.1 These terms and conditions of use for a service provider (hereinafter the terms and conditions of use) define the terms and conditions based on which service providers can use the VIVEO`s website and smartphone application (hereinafter the Platform) for providing services to the Clients of the Platform by third-party service providers (hereinafter Service provider).

1.2 To provide a service via the Platform, the Service provider must subscribe to the Platform.

1.3 For subscribing to the Platform, the Service provider must accept the terms and conditions of use, general terms, and conditions of services or general terms and conditions of health care services (hereinafter the general terms and conditions of services), and the privacy policy, which will create a legally binding contract for using the Platform between VIVEO and the service provider.

1.4 The general terms and conditions of services apply to the relationship and contract of services between the Service provider and the Client of the Platform from the moment the Client, having subscribed to the Platform, selects a suitable Platform Service provider from the list of Platform and starts using the services of the Service provider.

2. Definitions

2.1 VIVEO means VIVEO Health OÜ, registry code 14351223, address Veerenni tn 38, 10138 Tallinn, Republic of Estonia, www.viveohealth.com) which is the administrator and owner of the Platform and provides the Platform service to the Services providers based on these terms and conditions of use.

2.2 The Platform is a convenient solution for providing and using health care services on the viveohealth.com website and via a smartphone application.

2.3 The Service provider is a natural person or company which is providing the services to the Clients of the Platform via the Platform.

2.4 A Client of the Platform is a natural or legal person who is using the Platform for use a service provided by service providers via the Platform.

2.5 Services are all services which are provided by the Service provider via the Platform and which a Client can purchase via the Platform. Services also may be health care services.

3. The Contract of Services

3.1 The service will be provided by the Service provider which is selected by the Client of the services from the Platform.

3.2 The service will be provided by the Service provider to the Client based on the contract of services based on the general terms and conditions of all services which are accepted by the Service provider and the Client upon subscription to the Platform.

3.3 The contract for the services will be deemed to have been concluded between the Client and the Service provider based on the general terms and conditions from the moment of the Client commencing to use the service of the Service provider selected by them. The Client may conclude contracts for services with several Services providers via the Platform.

4. The Platform

4.1 To access the Platform and provide services via the Platform, the Service provider must register a user account and accept the terms and conditions of use, general terms and conditions of services the privacy policy, Personal data processing agreement and Rules for the processing of service providers and private physicians data.

4.2 If the Service provider refuses to accept the terms and conditions referred to in clause 4.1, they cannot use the Platform. By opening an account on the Platform, the Service provider confirms that the data submitted by them upon opening the account are true, complete, and accurate, that they hold an activity licence issued by a competent body of the country in which they are providing services, that they are compliant with all requirements for service providers established by legislation, that their reputation is good, and that they are operating professionally. The afore-mentioned information will be assumed to be accurate and VIVEO will not be required to verify this information. The Service provider also confirms that they will be processing the personal data of Clients in compliance with the privacy policy and that they consent to the processing of their personal data and the personal data of their employees based on the privacy policy for the purpose of providing services to the Clients.

4.3 The Service provider may only use the Platform for providing services and must refrain from misuse of the Platform. Upon accessing the Platform for the first time, the Service provider must check whether the Platform meets their needs.

4.4 The Service provider must use the Platform in compliance with the terms and conditions of use and the guidelines published in the Platform

4.5 The Service provider must ensure the confidentiality of their username and passwords for using the Platform and immediately notify VIVEO of any access of unauthorised individuals to the username and passwords.

4.6 VIVEO may make amendments to the terms and conditions of use by giving at least 14 days of advance notice thereof via the e-mail or the viveohealth.com website. In the event of the amendments not being acceptable for the Service provider, the Service provider may cancel the contract for use by e-mailing a written notice to dpo@viveohealth.com or by closing their user account. If the Service provider continues to use the Platform after entry into force of the amendments, the Service provider will be deemed to have accepted the amendments to the terms and conditions of use.

4.7 VIVEO will enable the Service provider to use the Platform in its current functionality and will not undertake any obligations to amend or develop the Platform.

4.8 VIVEO may make amendments to optimise or develop the Platform by notifying the Service provider thereof in a timely manner, if making such amendments will cause interruptions in the functioning of the Platform.

4.9 The Platform is accessible 24/7.

4.10 The help desk can be contacted by sending an e-mail to the following address: info@viveohealth.com.

4.11 VIVEO will respond to the questions of the Service provider within a reasonable period but cannot always ensure that an acceptable response will be provided to the Service provider.

4.12 VIVEO will attempt to eliminate all failures of the Platform as soon as possible but cannot guarantee immediate elimination of such failures which have not been caused by VIVEO.

4.13 As an exception, VIVEO may restrict access to the Platform for up to 30 minutes if this restriction is required for maintenance, development, or updating the Platform. In the event of restricting access for a longer period, advance notice is given. VIVEO will not be responsible for any delays, failures, or content which arise from updates to the Platform or for other delays, failures, or content.

4.14 The Service provider may not use the Platform, or the rights established by the terms and conditions of use for committing any offences or in any other manner which is in conflict with the terms and conditions of use, the applicable legislation, or with the principles of morality or good practice, or submit in the Platform any malware, etc., or use the Platform in any other manner which interrupts or deteriorates normal functioning of the Platform.

4.15 VIVEO will not ensure permanent availability of the Platform. VIVEO will not guarantee the compatibility of the Platform with the software and/or hardware used by the Service provider being always free from any errors or malware.

4.16 VIVEO may restrict, cancel, or suspend the access of the Service provider to the Platform if the terms and conditions of use or the general terms and conditions of services give grounds for refusing to provide the service.

4.17 The service provider must have a valid liability insurance policy to use the Platform.

5. Intellectual Property

5.1 Copyright for the Platform and other services provided by VIVEO, all works found within and related works, including supporting software, tools, specifications, manuals, domains, trademarks, business names, text, database elements, and graphics, belong to VIVEO. The Service providers are not entitled to the VIVEO trademarks and may not disclose that it is the owner or licensee of the VIVEO trademarks.

5.2 Neither the Clinic, nor any third party will have the right to reproduce, copy, distribute, modify, transmit, translate, incorporate into other databases, produce extracts, etc., of the Platform, its components and the copyright objects and the components thereof in any way, without the prior written consent of VIVEO.

5.3 VIVEO grants the Service provider a non-exclusive, non-transferable, limited licence to use the functionality of the Platform solely for the purposes of the service and in accordance with the terms and conditions of use. The Service provider is prohibited from sharing the data and content of the services with the competitors of VIVEO, from using the intellectual property rights of VIVEO for its own business activity, or from granting access to those rights to any third parties for the purposes of their business activity.

5.4 If the Platform contains references or links to websites belonging to third parties, VIVEO will not be responsible for them, as it has no control over them.

6. Confidentiality and Processing of Personal Data

6.1 VIVEO and the Service provider will ensure the confidentiality of the data of the Platform.

6.2 VIVEO cannot ensure the confidentiality of the data provided by the Service provider via the Platform in a situation in which the confidentiality obligation may be violated by a cooperation partner of the Service provider outside of the Platform. VIVEO will not be responsible for the Service provider.

6.3 VIVEO must ensure the processing of the personal data of Clients in the Platform pursuant to the privacy policy and maintain the confidentiality of the data.

6.4 The Service provider must process the personal data of Clients in compliance with the privacy policy, which forms an integral part of the contract for use, by complying with all the assurances and obligations of VIVEO specified in the privacy policy.

7. Fee

7.1 VIVEO has the right to set a fee for the use of the Platform and to change that fee. VIVEO indicates the service fee in the price list published the website viveohealth.com.

7.2 If using the Platform is a paid service or the fee changes, VIVEO shall notify the Service provider when creating a user account, when the Platform becomes a paid service or when the fee changes, via the email or in the Platform or the website viveohealth.com. In the event of a disagreement regarding the fee, the Service provider will have the right not to conclude the User Agreement or to cancel the User Agreement from the moment of entry into force of the fee by notifying VIVEO in writing or closing its user account.

7.3 Payment of the fee is due by the deadline and in accordance with the procedure set forth in the invoice or payment notice submitted by VIVEO.

7.4 In case of late payment, VIVEO has the right to demand interest on arrears of 0.15% of the unpaid amount and to cancel the contract of use without prior notice, whereby the contract of services will also be deemed to have been terminated.

8. Liability of VIVEO

8.1 VIVEO will not be liable for damages or other consequences arising from the following: - The Platform is not operating or does not function properly in some web browsers; - Errors and faults occur in the equipment, systems, or web connection of the Service provider or third parties; - The password to the account of the Service provider falling into the hands of third parties; - The processing of personal data by the Service provider or third parties; - Provision of Health Care Service by the Service provider or its Partner; - Disputes and disagreements between the Service provider and the Client; - Amendments to legislation and their interpretation, the reflection of changes in the Platform, and the impact thereof on the Service provider or the Client; - Delays, interruptions or failures due to maintenance or development work; - Force Majeure and other errors or disruptions that are beyond the control of VIVEO and hinder the use of the Platform or Services.

9. Termination of the Contract for Use

9.1 The Service provider may terminate the contract for use by giving at least 30 days of advance notice thereof.

9.2 The Service provider may not terminate the contract for use if a Client has made a booking for using the service of the Service provider via the Platform and the service has not yet been provided to the Client or provision of the service has not been completed.

9.3 The Service provider must provide at least 30 days of advance notice of ceasing to use the Platform by sending an e-mail to the following address: info@viveohealth.com. VIVEO will check that the Service provider has not booked any consults with Clients or agreed to provide services to the Clients in the future. If there are no bookings, VIVEO will terminate the contract of use as soon as possible, close the user account of the Client, and notify the Service provider thereof. If the Service provider has booked a consult for a Client or agreed on providing another service via the Platform, VIVEO will not terminate the contract of use until at least one day after the date of the last consult booked by the Service provider when all booked consults and services have been provided by the Service provider to the Client. The Service provider must provide all agreed services to the Client after filing an application for ceasing to use the Platform.

9.4 VIVEO may terminate the contract of use by giving the Client at least 30 days of advance notice thereof via the Platform or by e-mail.

9.5 VIVEO may terminate the contract of use without giving advance notice if the Service provider has provided incorrect data, uses the Platform for purposes other than using services, violates the contract of use or the contract for provision of services or the guidelines or rules of the Platform, has disclosed the data or password of the Platform to a third party, behaves impolitely or unprofessionally, fails to pay for the services, provides information or photos which are not related to health care services via the Platform, or damages the reputation of VIVEO.

9.6 VIVEO may terminate the contract for use without advance notice if the provider does not hold a permit for providing the service in the country in which they are providing the service or upon expiry of the permit, in the event of the Service provider violating legal requirements or orders from competent bodies, providing the service unprofessionally, giving ambiguous or incorrect instructions to the Clients, fails to observe the generally accepted principles or good practice of medicine, or lacks the equipment or network required for providing remote medical services, or in the event of repeated complaints of Clients about the Clinic.

9.7 Any disputes arising based on the service and the contract for use will be settled by the Service provider and the Client based on the legislation of the country of location and in the courts of the country of location. VIVEO will not take part in settling the disputes between the Service provider and the Client, unless they are a party to the respective contract for provision of services, i.e., providing the service to the Client as a Clinic.

10. Applicable Legislation and the Settlement of Disputes

10.1 The law of Estonia shall apply to the legal relations, and disputes arising therefrom.

10.2 Any disputes arising based on the service and the contract for use will be settled in an Estonian Court based on Estonian jurisdiction.

11. Rules for the Processing of Service Provider's Data

11.1 Introduction 11.1.1 The rules for the processing Service provider`s (hereinafter the Service provider) data (including personal data) determine how VIVEO Health OÜ (registry code 14351223, address Veerenni tn 38, 10138 Tallinn, Republic of Estonia, viveohealth.com, hereinafter VIVEO) implements the principles of the protection and processing of data of Service provider. 11.1.2 The rules are based on the EU data protection regulation (including Regulation 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation or GDPR).

11.2 Purpose of the processing of personal data VIVEO processes the Service provider`s data for the following reasons: 11.2.1 to provide a VIVEO Health OÜ website www.viveohealth.com and VIVEO Health smartphone application (hereinafter the platform, together as the platform) to the Service providers based on Terms and conditions of use for a Service provider (hereinafter Terms and conditions); 11.2.2 to perform the contract with Service provider; 11.2.3 to make the best offers for services, to assess the quality of Service provider`s service, the purchase preferences and purchasing behaviour of the Service provider, as well as for statistical analyses; 11.2.4 to organize the marketing of the platform in the media, web, social media etc. 11.3 On the basis for processing Data is a contract between VIVEO and Service provider.

11.3 How VIVEO uses the data VIVEO may use the data of the Service provider and Service provider`s employee (hereinafter user) for the performance of the contract on the basis of legislation without the Service provider's consent for: 11.3.1 Identifying the Service provider or the Service provider’s representative for the purpose of conclusion of a Contract; 11.3.2 Identifying the user in order to provide the following: access to the platform, register as the user and enable using the platform; 11.3.3 Performing actions necessary for the following: providing services for the Service provider, servicing the Service provider, supporting the using of the platform, use various functions, making and storing logs, securing the performance of the platform, fixing bugs, maintenance and development, improving services and Service provider`s experience, forwarding any information regarding the use of services and other necessary activities to provide services; 11.3.4 Calculating service fees related to the contract, drawing up and issuing invoices and payment schedules, information exchange regarding the business and the services provided; 11.3.5 Exchanging information related to the provision of services and business, documentation of business activities (e.g. sending information to VIVEO for performing statutory duties, etc.), also for assessing and preventing business risks and losses; 11.3.6 Sending information on the functioning of services, changes, functionality, new solutions and options, as well as contractual rights and obligations to the Service provider and the user by email; 11.3.7 Recording and preserving telephone and video calls; 11.3.8 Improving the quality of and developing Service provider`s service, measuring user activity and Service provider`s satisfaction. VIVEO may combine data collected by providing various services, provided that the data have been collected for the same purpose; 11.3.9 Protection of the infringed or contested rights of VIVEO and recovery of debts, incl. the right to disclose the data (name, personal identification code, date of birth, place of residence, e-mail address, telephone number, due date of an obligation, amount of debt) to a law firm and a debt recovery firm, incl. to a credit default register in the case of a payment that has been overdue for more than 30 calendar days until the debt has been settled; 11.3.10 Enabling and controlling the Service provider’s and the user’s access to digital channels for improving the user experience of the digital services and adjustment of the view for the device as well as for the purpose of preventing unauthorised access to and misuse of the digital channels, ensuring information security, improving the technical systems, the structure of the information technology and developing the services through testing and improvement; 11.3.11 Other data that VIVEO may to a reasonable and necessary extent process for performing the contract, provide services or take action to protect their rights; 11.3.12 The Service provider cannot refuse the processing of the data for the purposes specified in clauses 3.1.1-3.1.11, because it would make the provision of the Service provider with the service impossible. 11.3.13 VIVEO may use the data of a newsletter subscriber (name, surname, e-mail address, phone number) for performing the newsletter contract based on legislation without the person's consent for the purpose of sending VIVEO’s newsletter to the e-mail address of the person who requested it. The Service provider and user can unsubscribe from the newsletter, which terminates the newsletter Contract.

11.4 VIVEO processes the following data of Service provider and user VIVEO processes the following Data: 11.4.1 the Service provider’s and the Service provider’s representative’s (user`s) personal identification code, date of birth, place of residence, e-mail address, telecommunications numbers, contact details, number of the identity document, bank account number, invoice and payment details, credit card information (if Service provider or user uses credit card payment), username and password of the electronic solution, the language of communication, field of activity, communication channels; 11.4.2 the name, personal identification code or date of birth, e-mail address, telecommunications numbers of the user, username and password of the platform, the language of communication; 11.4.3 data on the use of VIVEO’s electronic solution and other details of electronic communication (e.g. data on the location and usage, equipment, IP address); 11.4.4 Other data that VIVEO may to a reasonable and necessary extent process for performing the contract.

11.5 How VIVEO uses data for marketing 11.5.1 VIVEO has the right to use the Service provider’s data for a marketing and statistical analysis of the services and the service environment (e.g. typical behaviour and manner of use). 11.5.2 VIVEO has the right to submit and send to Service provider offers prepared by VIVEO or a partner VIVEO for the purpose of providing services of platvorm and organising marketing 11.5.3 VIVEO can send to Service provider electronic and other marketing offers. 11.5.4 The Service provider grants VIVEO the right to display the Service provider’s and Service provider`s employee`s names and/or trademarks in VIVEO’s sale and marketing materials.

11.6 Transfer of data VIVEO processes the Service provider`s data as a controller. 11.6.1 VIVEO transfers the data to processors required for the performance of the contract. 11.6.2 VIVEO may authorise the right to use the data to their processors, by following applicable law. VIVEO`s processors are the following: their partners who support and develop the Platform; equip VIVEO with staff; provide technological and technical services, store and archive data, issue invoices and verify their payments; debt recovery, provide Insurance services, marketing as well as other necessary services to support VIVEO’s business activities. 11.6.3 VIVEO grants the right to process data to processors based on the contract under which the processor is required to ensure, and is held accountable for, the processing of the data in accordance with legislation, ensuring compliance with the data protection requirements in accordance with the legislation of the European Union and the security of the data. 11.6.4 VIVEO has the right to transfer the data to companies belonging to the same group (e.g. VIVEO Health OÜ, registry code 14351223, Veerenni 38, 10138 Tallinn, Estonia and Amazon Web Services, Inc. whose server is located in the European Union). 11.6.5 VIVEO discloses the data in the following events: - In events provided by law at the request of the authorities (e.g. law enforcement agencies, the courts, enforcement officers, tax authorities, supervisory authorities); - to legal and financial advisors, auditors, debt recovery undertakings and other authorised processors where required for the provision of the service, the performance of VIVEO’s duties and obligations and protection of VIVEO’s rights.

11.7 The time until VIVEO keeps the data VIVEO does not process the data for longer than necessary. VIVEO keeps the data until the purpose of use of the data has been fulfilled, usually until the expiry of the contract and thereafter based on its legitimate interest and for performing statutory duties (e.g. duties arising from accounting, private legal grounds, etc.).

11.8 The rights related to data which VIVEO ensures Service provider has the right to: 11.8.1 receive information from VIVEO about the extent and use of the processing of the Service provider's Data; 11.8.2 demands that VIVEO terminate the use of, correct and delete the data; 11.8.3 for the purpose of protecting the data, contact the data protection authority or seek judicial protection; 11.8.4 demands that no decisions based merely on automated processing be made with regard to the Service provider. 11.8.5 Service provider has right to make extracts about the content and processing of Data, as well as request corrections, updates and deleting of the Data.

11.9 Amendments VIVEO has the right to revise the privacy policy by informing the Service provider thereof at least 14 days in advance via the Platform.

Terms of Use of the Viveo Platform for Client

1. Purpose of the Terms of Use

1.1 These terms of use of the VIVEO´s Platform for client (hereinafter the Terms of use) determine the terms and conditions for the provision of services through the VIVEO Health OÜ website www.viveohealth.com and the VIVEO Health OÜ mobile app (hereinafter the Platform, together referred to as the Health Platform). Terms of use is part of the User Agreement.

1.2 To use the Platform, the user must agree to the Terms of Use, the General Terms and Conditions of services, and the Privacy Terms and Conditions, thereby entering a legally binding contract between VIVEO and the user for use of the Platform.

2. Definitions

2.1 VIVEO is VIVEO Health OÜ, registry code 14351223, address Veerenni tn 38, 10138 Tallinn, Republic of Estonia, viveohealth.com, the administrator, platform`s service provider and owner of the Platform.

2.2 The Platform is an application and web solution for providing and using several services, including health care services, available via the website viveohealth.com and the mobile app.

2.3 The Client is a natural or legal person who has a user account on the Platform for using the services.

2.4 The Services are services, including health care services and services related to the healthcare services which are provided by the Service provider through the Platform and which the Client can use through the Platform.

2.5 The Service provider is a natural or legal person providing services to the Clients via Platform.

2.6 The Client is a natural person who uses the services of the Services providers via the Platform.

2.7 The User Agreement is an agreement concluded between VIVEO and the Client for the use of the Platform in accordance with Terms of use.

2.8 A Service Agreement is an agreement entered into between the Service provider and the Client for the provision and use of Services through the Platform.

3. Platform Service

3.1 By using the Platform, the Client can use the Services offered by the Service provider.

3.2 By using the Platform, the Client can use the Services offered by the Service provider.

3.3 The Client can use the Service through the Platform if they have concluded a User Agreement and a Service Agreement.

3.4 A Health Service Agreement is concluded between the Client and the Service provider if the Client has contacted the Service provider of their choice for the first time via the Platform after signing the Platform and concluding the User Agreement (if the Client is a Platform`s client).

4. The Platform

4.1 To enter the Platform and use services through it, the Client must enter into a User Agreement with VIVEO and register a user account. The User Agreement is concluded when the Client agrees with the Terms of Use of the Platform and the General Terms and Conditions of the services and consents to the processing of his or her personal data in accordance with the Privacy Terms and Conditions.

4.2 If the Client does not agree with the Terms of Use and the General Terms and Conditions of the Services or does not consent to the processing of his or her personal data, he or she may not use the Platform.

4.3 By opening an account on the Platform, the Client confirms that the information provided by him or her upon the opening of the account is true, complete, and correct, that he or she possesses active legal capacity and is at least 18 years of age. This information is presumed to be accurate and VIVEO has no obligation to verify the information provided.

4.4 The Client has the right to use the Platform for the sole purpose of accessing services and shall avoid misuse of the Platform. Upon entering the Platform for the first time, the Client shall check whether the Platform meets his or her needs.

4.5 The Client shall use the Platform in accordance with the Terms of Use and the instructions published within the Platform.

4.6 The Client shall ensure the secrecy of the password and passcodes required to access the Platform and to notify VIVEO immediately if they should fall into the hands of unauthorised persons.

4.7 VIVEO has the right to amend the Terms of Use, announcing the change via the Platform website viveohealth.com at least 14 days in advance. If the Client does not agree with the changes, he or she has the right to cancel the User Agreement by sending a written notice to the e-mail address info@viveohealth.com or closing his or her user account. If the User continues using the Platform after the changes have entered into force, he or she is deemed to have accepted the changes to the Terms of Use.

4.8 If any provision of the General Terms and Conditions of services or the Terms of use becomes invalid, the validity of the other clauses of the Terms of use will not be affected.

4.9 VIVEO allows the Client to use the Platform in its existing level of functionality and does not assume any obligations to change or develop it.

4.10 VIVEO reserves the right to make changes to optimise and develop the Health Platform, notifying the Clients in a timely manner if the operation of the Health Portal is disrupted as a result.

4.11 The Platform is open 24/7.

4.12 The user support contact is the email address info@viveohealth.com.

4.13 VIVEO shall answer the questions of the Client within a reasonable period but cannot always guarantee a suitable answer for the Client.

4.14 VIVEO will make every effort to rectify all the Platform failures as soon as possible but does not guarantee the immediate rectification of a failure caused by VIVEO itself.

4.15 As an exception, VIVEO may restrict access to the Platform for up to 30 minutes, if necessary, to perform maintenance, developments, or upgrades. If the access restriction is longer, the Clients will be notified in advance. VIVEO will not be liable for any delays, failures, and content caused by updates to the Platform.

4.16 The Client is prohibited from using the rights set forth in the Platform and the Terms of use to commit any violations of law or in any manner that is contrary to the Terms of use, applicable law, or good morals and practices, and to insert malware or any other malicious software into the Platform or to use the Platform in any manner that interferes with or impairs the normal functioning of the Platform.

4.17 VIVEO does not guarantee the constant availability of the Platform. VIVEO does not guarantee that the Platform is compatible with the software and/or hardware used by the Client or that the Platform is always free from any errors or malware.

4.18 VIVEO has the right to restrict, cancel, or suspend the Client’s access to the Platform if, in accordance with the Terms of use or the General Terms and Conditions of services, the right to refuse to provide arises.

4.19 The Platform may contain links to applications or websites belonging to other parties (hereinafter: third-party sites). Third-party sites may be subject to different terms and conditions than the Terms of use and the General Terms and Conditions of services, the implementation of which cannot be verified by VIVEO. VIVEO is not responsible for the content of third-party sites and the terms and conditions applicable therein. The Client shall familiarise himself or herself with the terms and conditions applicable on third-party sites.

5. Intellectual Property

5.1 Copyright for the Platform and other services provided by VIVEO, all works found within and related works, including supporting software, tools, specifications, manuals, domains, trademarks, business names, text, database elements, and graphics, belong to VIVEO. The user is not entitled to the VIVEO trademarks and may not disclose that it is the owner or licensee of the VIVEO trademarks.

5.2 Neither the Client, the Service provider modify, transmit, translate, incorporate into other databases, produce extracts, etc., of the Platform, its components and the copyright objects and the components thereof in any way, without the prior written consent of VIVEO.

5.3 VIVEO grants the Client a non-exclusive, non-transferable, limited license to use the functionality of the Platform solely for the purposes of the service and in accordance with the Terms of use. The Client is prohibited from sharing the data and content of the Services with the competitors of VIVEO, from using the intellectual property rights of VIVEO for its own business activity, or from granting access to those rights to any third parties for the purposes of their business activity.

5.4 If the Platform contains references or links to websites belonging to third parties, VIVEO will not be responsible for them, as it has no control over them.

6. Confidentiality

6.1 VIVEO guarantees the confidentiality of the Platform data.

6.2 VIVEO cannot guarantee the confidentiality of the data transferred by the Client to the Clinic via the Platform in a situation where the confidentiality obligation may be violated by the Clinic or the Clinic`s Partner outside of the Platform. VIVEO is not responsible for the Clinic or for its Partner.

6.3 VIVEO ensures the processing of personal data in the Platform in accordance with the Privacy Terms and Conditions.

7. Fee

7.1 VIVEO has the right to set a fee for the use of the Platform and to change that fee.

7.2 If using the Platform is a paid service or the fee changes, VIVEO shall notify the Client when creating a Platform user account, when the Platform becomes a paid service, or when the fee changes, via the Platform or the website viveohealth.com. In the event of a disagreement regarding the fee, the Client will have the right not to conclude the User Agreement or to cancel the User Agreement from the moment of entry into force of the fee by notifying VIVEO in writing or closing its user account.

7.3 Payment of the fee is due by the deadline and in accordance with the procedure set forth in the invoice or payment notice submitted by VIVEO.

7.4 In case of late payment, VIVEO has the right to demand interest on arrears of 0.15% of the unpaid amount and to cancel the User Agreement without prior notice, whereby the Service Agreement will also be deemed to have been terminated.

8. Liability of Viveo

8.1 VIVEO will not be liable for damages or other consequences arising from the following: - The Platform is not operating or does not function properly in some web browsers; - Errors and faults occur in the equipment, systems, or web connection of the Client, Service providers, or third-parties; - The password to the account of the Client falling into the hands of third-parties; - The processing of personal data by the Partner Clinic or third parties; - Disputes and disagreements between the Service provider and the Client; - Amendments to legislation and their interpretation, the reflection of changes in the Platform, and the impact thereof on the Client or Service provider; - Delays, interruptions or failures due to maintenance or development work; - Force Majeure and other errors or disruptions that are beyond the control of VIVEO and hinder the use of the Platform or Services;

9. Termination of the User Agreement

9.1 The Client has the right to terminate the User Agreement at any time by deleting his or her Platform user account or notifying the e-mail address dpo@viveohealth.com in writing.

9.2 VIVEO has the right to terminate the User Agreement by notifying the Client thereof on the Platform or via e-mail at least 30 days in advance.

9.3 VIVEO has the right to terminate the User Agreement without prior notice in the event that the Client has submitted false information, is using the Platform for purposes other than using the health care service, is violating the User Agreement or the Service Agreement, has disclosed the Platform data and his or her password to a third party, is disrespectful towards the Service provider, fails to pay for Services, transfers non-health service related notices, information and photographs on the Platform, or damages the reputation of VIVEO.

10. Applicable Legislation and the Settlement of Disputes

10.1 The law of the Republic of Estonia shall apply to the Terms of Use, the legal relations, and disputes arising therefrom.

10.2 Disputes arising between VIVEO and the Client based on the Terms of Use will be resolved in good faith through negotiations. If it is impossible to resolve the dispute in this way, disputes are settled in an Estonian Court (Harju County court) based on Estonian jurisdiction.

Viveo Health OÜ Privacy Terms and Conditions

1. Viveo Health OÜ Privacy Terms and Conditions

1.1 This VIVEO Health OÜ Privacy Terms and Conditions gives you an overview of how VIVEO will protect your personal data. Below in this document you will learn what kind of information, why and how VIVEO safely processes. Also, you will have an overview of your privacy rights and data protection rules applies to VIVEO service. VIVEO Health OÜ is the Controller of your personal data unless otherwise stated below. VIVEO Health OÜ Registry code 14351223 Address Veerenni tn 38, 10138 Tallinn, Estonia info@viveohealth.com Our Data Protection Officer can be reached in all matters related to the Privacy Terms and Conditions and to the processing of personal data, you can contact the data protection specialist of VIVEO, by sending an inquiry by e-mail to dpo@viveohealth.com. VIVEO has the right to unilaterally amend and supplement the Privacy Policy. Data Subjects shall be notified of any amendments to the Privacy Policy via the Platform (viveohealth.com). - VIVEO Health OÜ is (referred hereinafter VIVEO) as VIVEO´s Platform`s owner and Platform`s service provider. - VIVEO provides Platform`s services for clients and for third-party service providers, including the private doctors (hereinafter Service Provider). - Service providers provide for clients via Platform health care services and other services. You - are the client of the Platform and are also Data Subject; - You are the Data Subject when using the VIVEO´s platform at www.viveohealth.com and VIVEO`s mobile application (hereinafter the Platform). - The Platform User’s Data Controller for personal non-health data is VIVEO. - The Data processor is VIVEO Health India Private Limited (registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com). - VIVEO also processes personal data as the Data Processor for third-party Service providers and to be able to provide services to Data Subjects through the Platform. In this case, the Data Controller is the Service provider and VIVEO is the Data Processor. - The Privacy Terms and Conditions of the Service provider are available for review at the location of the Service provider or on its website. - These Privacy Terms and Conditions do not regulate a situation in which VIVEO processes personal data before the Data Subject contacts VIVEO and agrees to the Terms of Use of the VIVEO`s Platform. In such a case, the Data Processor is the Service provider who would like the Data Subject to begin using the Platform (for example, the employer of the Data Subject, a private doctor recommended to client to use Platform etc.). The Privacy Terms and Conditions of the Service Provider are available for review at the location of the Service Provider or on its website.

2. What Kind of Personal Data We Process?

2.1 VIVEO only process data that are necessary for providing Platform Service. VIVEO processes the following personal data you provide directly as Data Controller: - Account information, such as name, date of birth, personal identification code, gender, e-mail address, telephone number, photo, insurance cover details, place of residence, cookies used on the VIVEO health platform (insofar as they may contain personal data; read more about the terms governing the use of the cookies of VIVEO here), the text of the feedback provided by the you and the assessment of the quality of Platform Service contained etc. VIVEO processes the following personal data as Data Processor providing Platform service to the client and Service provider (Data Controller of these Data is Service provider): - Health data, i.e., data on the state of health of you, which provides information on the past, present, or future physical or mental health of you, eating habits; level of physical activity; data on smoking and alcohol consumption; body weight; height; body mass index; data on symptoms (for example, headaches, flickering in front of the eyes, tinnitus, dizziness, heart function, stress, weakness, sleep disorders, etc.) of the Data Subject. In addition, information on the diseases against which the Data Subject is currently receiving treatment, data on treatment sought in the department of emergency medical care, past and current illnesses, data on medicines being administered, symptoms of the complaint, files attached to the complaint, the medical history, diagnosis; treatment plan; comments by a healthcare professional; other data arising from telephone and/or video calls made with the Data Subject and from the visit of the Data Subject (hereinafter health data). - Health data from the National Health Information System if the corresponding information system exists and a contract has been concluded for its use (the Data Controller is the national health authority); - Other data required for provision services

3. What is the Purpose of the Data Processing?

3.1 To provide the Platform services and enable the use of the Platform so that you can use the Platform service provided by VIVEO and services provided by Service Providers via the Platform, VIVEO need to process your data. We use the information collected for the following purposes: - Identification. - Checking the accuracy, consistency, and completeness of personal data. - The provision of Platform Services to you via the VIVEO Health Platform. - Communication with you, including for video consultations and telemedicine, for the provision of healthcare and for other purposes provided for in the Privacy Policy. - The disclosure of personal data to a Service Provider or other health care provider conducting health research and analysis, and payment for the corresponding service; - If necessary, the disclosure of personal data to the insurer for the purpose of insurance or insurance mediation. Also, VIVEO ask your feedback to: - improve and analyze the Platform Service. - to fulfil the obligations and exercise the rights arising from legislation and to ensure the economic activities of VIVEO. - to fulfill the obligations of VIVEO and exercise the rights provided for by legislation and the agreement concluded with you. VIVEO only sends direct marketing offers based on your consent, which can be withdrawn. Consent may be granted upon entry into the contract.

4. What is the Legal Basis of Privacy and How it Secures Your Information?

4.1 VIVEO processes your personal data as the Data Processor to provide the Platform Service, relying on the agreement for the use of the Platform concluded between VIVEO and you and the general terms and conditions of use of Platform Services. VIVEO processes personal data as the Data Controller in accordance with the Terms and conditions of use for the service provider and in accordance with the data processing agreement between VIVEO and Service provider Service provider processing your personal data with accordance with the contract of services between Service provider and you. Legal basis for the processing of personal data is the legitimate interest of VIVEO as the Data Controller and Processor. It is the legitimate interest of VIVEO: - to determine the satisfaction of you with the Platform Service, to improve the Platform Service on the basis thereof, and to process personal data for this purpose. - data to fulfill its obligations arising from legislation. - to exercise its legal and contractual rights in the manner deemed necessary by VIVEO. VIVEO ensures the security and protection of personal data by processing personal data in accordance with the principles of the Regulation European Union 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data (General Data Protection Regulation) and legislation of the Republic of Estonia. - The law of the Republic of Estonia also applies to the Terms of Use, the legal relations, and disputes arising therefrom. Disputes arising between VIVEO, and you based on the VIVEO Privacy Terms and Conditions will be resolved in good faith through negotiations. If it is impossible to resolve the dispute in this way, disputes are settled in an Estonian Court (Harju County court) based on Estonian jurisdiction. - VIVEO also ensures the security of personal data in accordance with the HIPAA regulation (if it is valid at the place of Platform Service) and the applicable strong security requirements for information systems. - The Data processor VIVEO Health India Private Limited (registry code U72900MH2020FTC347036, address O-1101 Bhoomi Park Phase 3 Bafhira Nagar, Malwani NR Fire Brigade Malad (W), Mumbai, Mumbai City, Maharashtra, India, 400095, e-mail india@viveohealth.com) ensures the security and protection of personal data by processing personal data in accordance with the principles of the legislation.

5. Who Do Viveo Share Your Information?

5.1 VIVEO does not disclose your personal data to third parties, except in the case of: - the server and data management service provider where VIVEO stores and processes personal information outside of the offices of VIVEO, such as Amazon Web Services, Inc. (the server is in the European Union). - VIVEO, for the development of the Platform and the fulfillment of obligations arising from the legislation of the Republic of Estonia, statistical, financial, and other reporting and analysis, the planning of marketing and business projects only to the extent that is necessary for the purpose. - Service providers needed for the operation of VIVEO (for example, accounting, IT development and administration, marketing, information systems, sales, legal and data protection service providers) if this is necessary for the operation and development of the Platform Service, fulfillment of a legal obligation, and the protection of own rights to the extent that is the minimum necessary). - The National Health Information System if a corresponding agreement has been entered. All authorized Data Processors shall ensure the protection of such personal data as provided for in the legislation governing the protection of personal data. VIVEO also has the right to disclose your personal data to an authority which has the right, pursuant to applicable legislation, to require VIVEO to disclose the personal data processed by it, and if VIVEO has the obligation to disclose personal data.

6. How Long Will Viveo Retain Your Personal Data and Where Does it Go?

6.1 VIVEO will not store your personal data for longer than is necessary if this is based on the purposes for which personal data is being processed or existing legislation. Your personal data is stored in accordance with the principles of the GDPR: - As a general rule, 30 (thirty) years after the confirmation of the details of the Platform Service provided to you, in which VIVEO retains your personal data in connection with the provision of the Platform Service to you, except in the following cases: - the consignment note and the reply to the consignment note for a period of five years after the confirmation of the data; - a tissue sample containing health data taken for the performance of intravital pathomorphological testing shall be stored based on the need to provide health care services, for a maximum of 30 years after the confirmation of the data. - For a maximum of five (5) years after the feedback from you, insofar as VIVEO processes your personal data in connection with the processing of the feedback. - pursuant to the obligation arising from legislation and which VIVEO must fulfill, in which VIVEO stores your personal data in order to fulfill the obligations arising from the legislation in force in the Republic of Estonia. - pursuant to the limitation period for a claim that VIVEO has the right to file or which may be filed against VIVEO, in which VIVEO processes your personal data to exercise the rights of VIVEO under the law and the agreement concluded with you. Personal data processing log data, which may contain your health data, shall be stored for five (5) years. The basic accounting documents containing personal data shall be stored for seven (7) years from the end of the financial year to which they relate.

7. Which Rights and Controls You Have?

7.1 You have the right to contact a VIVEO data protection specialist at any time by sending a request via e-mail to dpo@viveohealth.com to: - request access to your personal data. - request the correction of your personal data. - request the deletion of your personal data. - restrict the processing of your personal data. - submit objections to the processing of your personal data. - request the transfer of your personal data. - request that no decision based on automated - processing be taken in regard to you; - withdraw your consent granted for the processing of personal data. - file a complaint with the Data Protection Inspectorate.