Privacy Notice

At EW2Health, we recognize that your privacy is important — both to you and to us. EW2Health is also committed to the fair and transparent processing of our clients’ and website visitors’ personal information. We also strive to ensure that you have the greatest possible control over your information.

This Privacy Notice applies to all users and visitors to all of EW2Health’s websites (including www.easywaytohealth.com, www.ew2saude.com.br, www.sinque.com.br, www.sinquepro.com.br, www.sinque.us, www.sinquepro.us, www.sinque.nl, www.sinquepro.nl , and any other site operated by EW2Health) and the Sinque mobile application.

EW2Health is represented in Brazil by the company EW2Saúde Ciência e Tecnologia Ltda, duly registered with the CNPJ under no. 009.348.196/0001-84, located in Santo André/SP.

This document has been prepared in accordance with the laws of the countries in which EW2Health B.V. and its representatives operate and may be updated as a result of any regulatory update of our policies, which is why the user is invited to consult it periodically.

1. Glossary

For a better understanding of our Privacy Notice, we list below the main concepts used, as provided for in applicable laws:

Personal Data: Any and all information related to the natural person, whether identified or identifiable, including, but not limited to, name, identification document, address, physical and/or electronic, etc.

Sensitive Personal Data: Information on racial or ethnic origin, religious conviction, political opinion, membership of a trade union or organization of a religious, philosophical or political nature, given regarding health or sexual life, genetic data, or any personal data relating to children and adolescents.

Data Subject: Natural person to whom the personal data that are processed refer.

Database: Structured set of all personal data collected.

Anonymized Data: Data whose data subject cannot be identified.

Data Processing: All operations involving personal and sensitive data, such as collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, deletion, evaluation or control of information, modification, communication, transfer, dissemination, or extraction.

Controller: natural or legal person, under public or private law, to whom decisions concerning the processing of personal data are responsible.

Operator: natural or legal person, under public or private law, who carries out the processing of personal data on behalf of the controller.

Data Protection Officer (DPO): Person appointed by EW2Health to act as a communication channel between the company, data subjects and Data Protection Authorities (e.g., European Data Protection Authority (DPA) and the National Data Protection Authority in Brazil (ANPD)).

Anonymization: Technical procedure by which personal data ceases to be associated, directly or indirectly, with a given individual.

Consent: Free, informed, and unambiguous manifestation by which the data subject agrees to the processing of their personal data for a specific purpose.

2. How and why do we collect your data?

We collect personal information through our website and mobile application.

Privacy and data protection is important to us. EW2Health respects privacy and transparency in response to any information collected on the website and in the mobile application, limiting the collection only of data necessary for the provision of services and contractual compliance.

We only ask for personal information when we really need it to provide you with the best service and experience, through legal means, with your knowledge and consent. When we store data, we protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.

3. What are the purposes, types of data and legal basis for the processing of personal data?

Personal data and/or sensitive personal data collected are processed in strict compliance with data protection legislation. In no circumstances will the collected data be used for any purpose other than that for which the data subject's consent was given, contractual and legal compliance and legitimate interest of EW2Health.

We use third-party payment processors to help us process your payment information securely. The use of information by third parties is governed by their respective privacy policies, which may or may not contain security protections similar to this Privacy Notice. We suggest reviewing their respective privacy notices. All direct payment gateways offered by WIX and used by our company follow the standards defined by PCI-DSS managed by the PCI Security Standards Council, which is a joint effort of brands such as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

By using the services and providing personal information on the platforms, the user is consenting to this Privacy Notice.

4. What is our Cookie Policy?

Cookies refer to text files sent by the website to the user or visitor's computer and is stored therein, with information related to navigation on the site. Such information is related to access data, such as location and time of access and is stored by the user or visitor's browser so that the platform server can read it later in order to improve the platform's services.

The user/visitor expresses their preference and accepts that a system for collecting navigation data can be used through the use of cookies.

When using the app, information sent is recorded, such as IP address, device name and version, operating system type and version, language preferences, in-app search information, access times and dates, and other statistics.

4.1 Different types of cookies

There are 4 different types of cookies. The following cookie categories are based on the classification presented in The International Chambers of Commerce (ICC) Cookie Guide.

Essential cookies: These cookies are strictly necessary to provide services that visitors have requested.

Performance cookies: These cookies collect information about how visitors use websites, for instance which pages visitors go to most often. The information collected by these cookies is aggregated, so these cookies don’t collect information that identifies individual visitors. The information collected is anonymous and is only used to improve the way websites work.
Functionality cookies: These cookies allow websites to remember choices you make (such as your username, language or the region visitors are in) and provide enhanced, more relevant features.

Targeting or advertising cookies: These cookies are used to deliver advertisements that are more relevant to visitors and their interests. They are also used to limit the number of times visitors see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with the website operator’s permission. They remember that visitors have visited a website and this information is shared with other organizations such as advertisers.

4.2 Our cookies

Our services use essential and functional cookies. They are listed below:

5. What measures have been taken to maintain data security?

The Information Security Policy is a formal statement by EW2Health about its commitment to the protection of the information owned by you and/or under your custody and must be fulfilled by all its employees.

EW2Health is committed to ensuring the security and protection of personal data and/or sensitive personal data made available to us: we approve and implement strict rules, adopt various technical and organizational security measures, all in order to protect personal data made available to us against its dissemination, loss, misuse, alteration, processing or unauthorized access, as well as against any other form of unlawful treatment, ensuring the authenticity, confidentiality and integrity of the information.

Compliance with these rules is an obligation of all who legally access the personal data.

It is fundamental for the protection and safeguarding of information that users take the action of Safe Behavior, consistent with the objective of protection of information, and should assume proactive and engaged attitudes with regard to the protection of information.

Notwithstanding the security measures adopted by EW2Health, we are obliged to alert anyone browsing the Internet that they take additional security measures, ensuring the use of an up-to-date computer and browser in terms of properly configured security patches, with active firewall, antivirus and anti-spyware and to make sure of the authenticity of the websites you visit on the Internet, and avoid websites that you don't trust.

If we become aware that the security of the mobile app has been compromised or users' personal information has been disclosed to unrelated third parties as a result of external activity, including, but not limited to, security attacks or fraud, we reserve the right to take reasonably appropriate measures, including, but not limited to, investigation and reporting, notification and cooperation with law enforcement authorities. In the event of a data breach, we will make every reasonable effort to notify affected individuals if we believe that there is a reasonable risk of damage to you as a result of the breach or if notice is required by law. When we do, we'll post a notice on the mobile app and send you an email.

6. Data sharing

We do not share personally identifiable information publicly or with third parties except as required by law or essential to the provision of our services.

We share the data we generate only with the user and with whom they provide permission to share it, such as their health provider, for example.

We will disclose any information we collect, use or receive if required or permitted by law, such as to comply with a subpoena or legal process, and when in good faith we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

7. How does the Data Retention Policy work?

EW2Health keeps sets of personal data stored in accordance with contractual, regulatory and other legal bases applicable to the modalities of processing of personal data.

There is a variety of processing of personal data whose filing period is not determined by law. In these situations, EW2Health stipulates a time limit of custody that is consistent with market practices and the nature of the treatment, as long as there is no specific determination by law or regulatory authority.

Ongoing investigative hypotheses, administrative and judicial proceedings are valid reasons for data maintenance and, regardless of consent, storage periods may be extended in such cases.

EW2Health reserves the right to store the data until the end of the prescribed and/or expiration period of lawsuits, as stipulated by law.

8. What are your rights?

Under the General Data Protection Act, the data subject is guaranteed, among others, the right of access, update, portability, rectification, or deletion of their Personal Data, upon written request addressed to the Data Protection Officer (DPO) at privacidade@sinque.co (Brazil) and privacy@sinque.co (outside Brazil).

These requests can be exercised free of charge and answered as soon as possible and always within 15 (fifteen) days.

9. About international data transfer

Depending on your location, data transfers may involve transferring and storing your information in a country other than your own. You have the right to learn about the security measures taken by us to protect your information. If such a transfer occurs, you can find out more by checking the relevant sections of this document or by consulting us using the information provided in the contact section on the website or via privacidade@sinque.co (Brazil) and privacy@sinque.co (outside Brazil).

10. About data from children/minors

Our apps are developed to be used by people 18+ years old. We do not knowingly collect or process any personal information from people younger than 18 years old. If you are under the age of 18, do not submit any personal information through our mobile app or service. We encourage parents and legal guardians to monitor their children's Internet usage and help comply with this Notice by instructing their children never to provide Personal Information through our Mobile App or Service without their permission. If you have reason to believe that a person under the age of 18 has provided us with personal information through our mobile app or service, please contact us.

11. Changes to this Privacy Notice

We reserve the right to modify this Privacy Notice at any time. It is therefore recommended that users and visitors review it regularly. Changes and clarifications will take effect immediately after publication on the platform.

12. Jurisdiction for conflict resolution

Brazilian law will be fully applied to the settlement of disputes arising from the services rendered in Brazil. Any disputes must be filed in the City Court of Santo André, São Paulo.

Dutch law will be fully applied to the settlement of disputes arising from the services rendered outside Brazil. Any disputes must be filed in the Courts of The Hague, The Netherlands.

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Terms & Conditions to Use the Sinque Mobile App

EW2Health BV develops health monitoring solutions to help you improve your health. The Sinque Mobile App is part of the Sinque solution to assist in monitoring weight. These General Terms & Conditions to use the Sinque Mobile App (the “Terms”) apply to your access and use of the Sinque Mobile App.

If you live in Brazil, these Terms are an agreement between you and EW2Saúde Ciencia e Tecnologia LTDA (“EW2S”), a Brazilian company with its registered office at R. Santo André, 100 - Centro, Santo André - SP, 09020-230, Brazil (CNPJ 09.348.196/0001-84). If you live outside of Brazil, these Terms are an agreement between you and EW2Health B.V. (“EW2H”), a Dutch company with its registered office at Wilhelmina van Pruisenweg 35, 2595 AN The Hague, The Netherlands (KvK 72170719). When the terms mention “Sinque,” “EW2H,” “we,” “us,” or “our,” they refer to the party to your agreement that provides you with Sinque service.

Acceptance

These Terms establish obligations agreed to by your own free will, for an indefinite period, to use the Sinque Mobile App. By accessing the Sinque Mobile App, you fully accept these rules and undertake to observe them, at the risk of applicable penalties.

You must accept these Terms to create a Sinque account and to access or use the Sinque Mobile App. If you do not accept these terms, do not create an account or use the Sinque Mobile App.

Registration

Access to the Sinque Mobile App requires registration. When registering, you must fill in the respective fields and provide complete, accurate, recent and valid data. It is your responsibility to keep your data updated, and to attest to the accuracy of the data provided. It is your responsibility to not share your registration data and/or access to Sinque services to third parties.

Use of the Sinque Mobile App is not recommended for children under the age of 18.

By registering, you declare and guarantee that you are fully capable and able to freely use and enjoy the services and products.

It is up to you to ensure that your equipment is compatible with the technical characteristics that make it possible to use the Sinque Mobile App.

You must provide a valid email address, through which all necessary communications will be made; your email address will also function as your login. To complete your registration, you need to define a personal password, which ensures individual access to the Sinque Mobile App. It is your exclusive responsibility to keep your password confidential and secure.

All activity regarding password use is your responsibility, and you must promptly inform us in case of improper use of your password. You are not allowed to assign, sell, rent or transfer, in any way, your account, which is personal and non-transferable.

Privacy & Data Protection

Privacy is important to us. We abide by General Data Protection Laws (GDPR, LGPD, AVG) in the processing of personal data performed in the provision of services and use of the Sinque Mobile App, with respect to purposes and fundamentals of use, as well as the security criteria employed in the database. Please read our Privacy Notice carefully.

By using the Sinque Mobile App, you authorize us to collect and process the following personal information:

First name
Last name
Email
Data of birth
Gender
Weight
Height
Group
Subgroup
Use of Sinque (use of Sinque Mobile App, use of Sinque Monitor)
BMI

We use the above data in the following ways:

To provide our services to you, including your personal Sinque weight trend
We use your name and email to facilitate registration, identification, communication and joining groups
We collect your date of birth, gender, group, subgroup, height, language, goal, and Sinque usage to provide and improve our services

By accepting the Terms and Privacy Notice, you expressly authorize us to collect, use, store, process or assign the information derived from the use of the services, the website and any platforms, including all information you filled out during registration and updates to registration, as well as others expressly described in the Privacy Notice that you accept by using the Sinque Mobile App, websites and services.

Access & Support

All technical solutions available will be used to allow access to the Sinque Mobile App 24 (twenty-four) hours a day, 7 (seven) days per week. However, access, navigation, screens, and other parts of the Sinque Mobile App may be interrupted, limited, or suspended for updates, modifications, or any action required for proper functioning.

In case of questions, suggestions or problems with the use of the Sinque Mobile App, you can contact support via email: suporte@sinque.co (in Brazil) and support@sinque.co (outside Brazil). Customer support services are available Monday to Friday, from 09:00 - 17:00 CET and BRT.

Responsibilities

You are responsible for:

Technical defects or defects arising from your own equipment
Correct use of the Sinque Mobile App, valuing the good coexistence, respect and cordiality among users
Compliance with and respect for the set of rules provided for in these Terms, our Privacy Notice and national and international law
Protecting access to your account/profile (login and password)
The validity, integrity and accuracy of the information/data you provide

We are responsible for:

With sufficient weight data, to provide you with your personal weight trend and provide information to your authorized professional
Defects and problems found in the Sinque Mobile App that are caused by us
Information disclosed by us, including links that can redirect to an external environment outside of our environment; your comments or information you disclose are your sole responsibility; comments or information disclosed by Sinque PRO’s or other users, including links that can redirect to an external environment outside of our environment are their responsibility
Illegal content or activities carried out by us
Safety of the App

Intellectual Property

These Terms grant you a non-exclusive, non-transferable, non-sublicensable license to access and make use of the Sinque Mobile App.

These Terms do not assign or transfer any rights to you, so that access does not generate any intellectual property rights to you, except for the limited license of use granted herein.

The use of the Sinque Mobile App is personal, individual and non-transferable, and any unauthorized use, commercial or non-commercial, is forbidden. Such use shall constitute a violation of our intellectual property rights, punishable under the terms of the applicable legislation.

Termination

You may, at any time, request to terminate your Sinque Mobile App registration. Your deregistration will be carried out as soon as possible, provided that no open debts are verified, or other conditions that make it impossible to shut down. Send your deregistration request to: suporte@sinque.co (in Brazil) and support@sinque.co (outside Brazil).

Without prejudice to other applicable legal measures, we may, at any time, warn, suspend or terminate your account if you:

Violate any provision of these Terms
Fail to comply with user responsibilities
Fail to pay, if applicable
Have any fraudulent, malicious or offensive behavior against third parties

Amendments

We may change unilaterally, and at any time, items described in these Terms to adapt or modify the services, as well as to meet new legal requirements. Changes will be conveyed via the Sinque Mobile App and you may choose to accept the new content or to cancel use of the services.

The services offered may, at any time and unilaterally, and without any prior notice, cease to be provided, altered in their characteristics, as well as restrict use or access.

Indemnity

You will defend, indemnify and hold us and our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (i) your breach of any Terms, (ii) your activity in, on or through the services, and (iii) your violation of any laws or the rights of a third party.

Disclaimers

No Guarantee of Results. EW2H makes no guarantees of performance as to any weight loss, the amount of weight you may lose or the rate at which such weight loss will occur. You understand and agree that the Sinque Mobile App shall be used as part of a health program designed by your health professional.

Limitation of Liability

Use of the Sinque Mobile App is your sole responsibility. The service is supplied “as is” and may be modified, updated, interrupted, suspended, or discontinued at any time with 30 days prior notice. We shall bear no liability for interrupted services.

All warranties, conditions and other terms implied by statute or law are, to the fullest extent permitted by law, excluded from the Terms.

We (or our affiliates, licensors and suppliers) shall not be liable concerning any subject matter arising from these Terms, the Sinque Mobile App, services, or any of our websites or regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise) for (i) any loss of profits, contracts, revenue, business, business opportunity, loss or corruption of data or recovery of data, goodwill, security breach resulting from a failure of a third party telecommunications and/or the internet, anticipated savings or revenue (regardless of whether an of these is direct, indirect or consequential), (ii) any loss or damage arising in connection with liabilities to third parties (whether direct, indirect or consequential), (iii) any matter beyond its reasonable control, and (iv) any indirect, incidental or consequential loss or damage whatsoever; or (v) damages in the aggregate for all claims in excess of amounts paid to us by you (hereunder during the 12-month period preceding the date on which the first claim arose), even if we have been advised of the possibility of such damages. These limitations are independent from all other provisions of these Terms and shall apply notwithstanding the failure of any remedy provided herein.

Force Majeure

You and we will not be liable for for any delay or failure to perform obligations under these Terms if the delay or failure is due to causes beyond your or our reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, epidemics, pandemics, failure or reduction of power or telecommunications or data networks or services, or government act.

Dispute Resolution

Most disputes can be resolved without resorting to legal proceedings/actions. If you have a dispute with us, you and we agree that before taking any formal action, including but not limited to any legal actions and/or proceedings, you will contact us at resolve@sinque.co (outside Brazil) or resolver@sinque.co (in Brazil) and provide a brief, written description of the dispute and your contact information (including your full name and email address used to register with the Sinque Mobile App). You and we agree to use reasonable efforts to settle any dispute, claim, question, or disagreement directly through amicable consultation, and good faith negotiations shall be a condition to initiating legal proceedings/actions of any kind.

Governing Law

If you live in Brazil, the Terms are subject to the laws of Brazil; if any dispute arising out of or in connection with the Terms were to be litigated, it will be exclusively referred to the competent City Court of Santo André, São Paulo. If you live outside of Brazil, the Terms are subject to the laws of The Netherlands; if any dispute arising out of or in connection with the Terms were to be litigated, it will be exclusively referred to the competent court in Utrecht, The Netherlands.

You may contact us at the mailing addresses below.

If you live in Brazil, contact us at:

EW2Saúde Ciência e Tecnologia LTDA

Attn: Sinque Mobile App Terms

R. Santo André, 100 , 4° andar, sala 44 - Centro

Santo André - SP, 09020-230

Brasil

If you live outside Brazil, contact us at:

EW2Health B.V.

Attn: Sinque Mobile App Terms

Wilhelmina van Pruisenweg 35

2595 AN The Hague

The Netherlands

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