Privacy Notice

Data controller

Servicios Clínicos Inteligentes DXKARE, S.A.P.I. de C.V. (hereinafter Diagnostikare), with domicile at Avenida Mazatlán 154-5 Colonia Condesa, C.P. 06140, Alcaldía Cuauhtémoc, Ciudad de México, México, is the data controller responsible for the use, protection and processing of your personal data, which will be used on a strictly confidential basis. Accordingly, the collection, processing and transfer of, and the exercise of the rights derived from, such personal data will be carried out through an appropriate, legitimate and lawful use, permanently safeguarding the principles of legality, consent, quality, information, proportionality and accountability.

Purposes of the processing

The personal data we collect will be used for the following purposes, which are necessary for the provision of the service:

• Creation, updating and maintenance of user profiles on our computer platforms.
• Creation, study, analysis, updating and maintenance of the clinical file.
• Provision of health services, guidance and advisory services of a medical, psychological and nutritional nature, and care of patients in health matters.
• Handling of questions and comments related to our computer platforms.
• Communication between health professionals, patients and data subjects.
• Acquisition of medicines, pharmaceutical and health products.
• Invoicing and collection for services.
• Entering into and maintaining employment and service relationships with our collaborators.
• Retention of records for the follow-up of services and the provision of services in the future.
• In general, to follow up on any contractual relationship.

Additionally, we may use your personal data for the following secondary purposes:

• Advertising: promotion of news and features of our services.
• Marketing and commercial prospecting: use of marketing strategies to bring our services and products closer to the individuals or companies that require them.

Use of cookies, web beacons and/or similar technologies

On the Diagnostikare website, located at www.diagnostikare.com, we use cookies and the Google Analytics web traffic analysis service. These tools allow us to know the location of the IP address used to access our website, the operating system of the computer used, the type of web browser used, the date of access to the information on our website, and the pages and sections consulted. This allows us to have a clear idea of how our clients and users use our website, so that we can update it with relevant content. This information does not collect personal data that would allow any of the users of our website to be identified, nor does it include any sensitive personal data.

Personal data processed

In order to carry out the purposes described in this privacy notice, we will collect, in whole or in part, the following personal data:

• Full name.
• Address.
• Email address.
• Location information.
• Emergency contact details (e.g. relative, friend, other).
• RFC.
• Credit card number and other electronic means of payment.

Additionally, we will collect, in whole or in part, the following personal data considered sensitive, which require special protection and express consent for their processing:

• Sex and gender.
• Weight.
• Height.
• Health risk factors.
• Symptoms.
• Current medical conditions.
• Electronic document with indications and suggestions.
• Clinical history, including matters related to sexual health.
• Medically relevant personal and family history.
• History of smoking and use of other substances, controlled and uncontrolled.
• Personal image.
• Audio and video recordings of users and patients.
• Any other information that is relevant for diagnosis, analysis, medical treatment, or any other health-related activity.

Transfer of personal data

Your personal data could be shared inside and outside the country with the following individuals, companies, organizations and/or authorities other than us, for the following purposes:

Transfers of your personal data require your consent. If you do not state your refusal of such transfers, we will understand that you have granted it.

If, after having given your express consent, you do not agree to your sensitive personal data being transferred, you may inform us by means of a request sent to Avenida Mazatlán 154-5 Colonia Condesa, C.P. 06140, Alcaldía Cuauhtémoc, Ciudad de México, México; or to the email address: privacidad@diagnostikare.com. Additionally, we inform you that we will not require your consent to transfer your personal data in the following cases set out in article 37 of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Mexican Federal Law on Protection of Personal Data Held by Private Parties):

• When the transfer is provided for in a law or treaty to which Mexico is a party.
• When the transfer is necessary for medical prevention or diagnosis, the provision of health care, medical treatment or the management of health services.
• When the transfer is made to holding companies, subsidiaries or affiliates under the common control of the data controller, or to a parent company or any company of the same group as the data controller that operates under the same internal processes and policies.
• When the transfer is necessary by virtue of a contract entered into or to be entered into in the interest of the data subject, by the data controller and a third party.
• When the transfer is necessary or legally required for the safeguarding of a public interest, or for the administration of justice or the prosecution of offenses.
• When the transfer is necessary for the recognition, exercise or defense of a right in judicial proceedings.
• When the transfer is necessary for the maintenance or performance of a legal relationship between the data controller and the data subject.

ARCO rights (access, rectification, cancellation and opposition)

In accordance with the applicable regulations, you have the right to:

• Know the personal data we hold about you, what we use it for and the conditions of the use we give it (access).
• Request the correction of your personal information in the event that it is outdated, inaccurate or incomplete (rectification).
• Request that we delete your information from our records or databases (cancellation).
• Object to the use of your personal data for specific purposes (opposition).

These rights are known as ARCO rights. To exercise them, you must submit the corresponding request addressed to the Privacy Area, either at the following address: Avenida Mazatlán 154-5 Colonia Condesa, C.P. 06140, Alcaldía Cuauhtémoc, Ciudad de México, México, or to the email address: privacidad@diagnostikare.com, with the following information:

• Full name of the data subject.
• RFC or CURP.
• Copy of official photo identification.
• Contact details so that we can communicate with you (telephone, address, email, etc.).
• An indication of which ARCO right you wish to exercise.
• Any other information that allows us to better address your request.

Additionally, we make the following link available to you: www.diagnostikare.com/derechosarco so that you may submit such request by filling out our ARCO rights form. If you are acting in the name and on behalf of someone else, please attach the document accrediting that you are acting in the name and on behalf of a third party. When exercising your right of access, a list of the personal data we hold about you will be sent to you.

Information of minors, third parties and exceptions to consent

In the event that the person using the service is not the data subject and enters information of third parties, it will be essential that they have the authorization and the legal capacity to provide such information to Diagnostikare. By using Diagnostikare's services, the user affirms that they have the right to transfer the personal data, which includes, by way of example and without limitation, being the father, mother and/or guardian, with parental authority, over the minor who is the data subject of the personal data and sensitive personal data, or else the legal representative of the legally incapacitated person or of the data subject who, due to their state of health, cannot enter the information personally into our system.

If you are not certain that you have the consent of the data subject or the right to decide on the use and transfer of their data, DO NOT enter personal data into the platforms or services offered by Diagnostikare.

Additionally, you are informed that consent will not be necessary for the processing of personal data when its processing and transfer are indispensable for medical care, prevention, diagnosis, the provision of health care, medical treatments, or the management of health services, while the data subject is not in a position to give consent, under the terms established by the Ley General de Salud (Mexican General Health Law) and other applicable legal provisions, and provided that such data processing is carried out by a person subject to professional secrecy or an equivalent obligation.

Revocation of consent to the processing of personal data

You may revoke the consent granted for the processing of your personal data. We will not be able to address your request or end the use immediately in all cases, since there may be legal obligations that entail the need to continue processing your personal data. In any case, we will contact you to determine the applicable procedure for your request and to jointly agree on the solution to your requirement.

Additionally, for certain purposes, the revocation of your consent means that we may not be able to continue providing the service you requested, the termination of the legal relationship or additional legal consequences. To revoke your consent you must submit the corresponding request at the following address: Avenida Mazatlán 154-5 Colonia Condesa, C.P. 06140, Alcaldía Cuauhtémoc, Ciudad de México, México, or to the email address: privacidad@diagnostikare.com.

Limitation of the use or disclosure of personal data

If you do not wish your personal data to continue being used for advertising, marketing and commercial prospecting purposes, you must request by email to privacidad@diagnostikare.com to be registered on the exclusion list so that your personal data is not processed for such purposes, specifying:

• Name.
• Email address.
• DXKARE service you use.

Changes to the privacy notice

This Privacy Notice may be subject to modifications, changes or updates arising from legal requirements; internal needs related to the products or services we offer; privacy practices; changes in our business model, or various causes beyond our control.

In the event of modifications, changes and/or updates, you will be notified through the email address you provide to us and through the updating of the notice on this same page, or any other means of oral, printed or electronic communication determined for such purpose.