About us.

Cruz Médika (“OUR PLATFORM’) is a Telehealth platform (web site and mobile Apps) owned by Cruz Medika LLC (“OUR FIRM”), a parent company incorporated in the United States of America, with address at 5900 Balcones Drive Suite 100, Austin, TX, 78731, US.

OUR FIRM is responsible for the use and protection of your personal data that is collected (hereinafter “personal data”). We collect personal data from patients and health providers, which is necessary to provide the Health Market service explained at www.cruzmedika.com. OUR FIRM is duly incorporated in the country of the United States, where the respective legal and fiscal compliance processes are carried out. OUR PLATFORM uses different technological platforms of world class for payment processing, such as Authorize.net and Veem.com. 

Disclaimer (non-liability clause).

Cruz Medika is a telehealth platform connecting individuals (Patients) and Health Providers (Medics with license, alternative therapists, caregivers, ambulances, pharmacies, laboratories, couriers and others) via smartphones and computers devices to on-demand virtual 24/7 health support services.

Health providers registered within Cruz Medika are independent service providers (with or without a license, depending on the type of service they are offering to the market), who use OUR PLATFORM to fulfill their services.

Consultations conducted through Cruz Medika can be video conferencing, chat support, home visits, or provider office appointments.

Cruz Medika is not an insurance product nor a prescription fulfillment warehouse.

Cruz Medika is not a medical group. Any consultations or service obtained through our Application are provided by independent service providers. 

Cruz Medika is not intended to be a Software as a Medical Device.

Cruz Medika does not replace any existing primary care physician relationship.

Neither Cruz Medika nor any third parties who promote OUR PLATFORM or provide with a link to OUR PLATFORM shall be liable for any professional advice or service obtained from a Health Provider registered in OUR PLATFORM.

Cruz Medika makes no representation that all services available through OUR PLATFORM, are appropriate in all locations worldwide. 

Cruz Medika tradermark and logo are registered trademarks of Cruz Medika, LLC and may not be used without written permission.

Cruz Medika is for Non-Emergency Medical Issues, If any Patient Require Emergency Service, they should call or visit a Local Emergency Healthcare Center for Help.

Health Providers can offer their services worldwide, however they are responsible to have a license and authorization to provide the service within the Patients locations.

Health Providers are always responsible to observe and comply any regulation applicable within the locations where they exercise their services.

Health Providers are responsible for providing Patients with a Notice of Privacy Practices describing its collection and use of their health information, not Cruz Medika. If Patients or Health Providers do not agree to be bound by those terms, they are not authorized to access or use OUR PLATFORM, and they must promptly exit our PLATFORM.

Health Providers should never prescribe illegal or governments controlled substances, non-therapeutic drugs and certain other drugs which may be harmful because of their potential for abuse.

By agreeing to have a consultation conducted through OUR PLATFORM, Patients and Health Providers acknowledge that they have reviewed the benefits, risks and alternatives, and agree to all the Terms of Use.

We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and Platform following any such modification constitutes your acceptance of these modified Terms.

YOU EXPRESSLY AGREE THAT USE OF OUR PLATFORM IS AT YOUR SOLE RISK. THE APP, DEVICES AND SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. CRUZ MEDIKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION.

Terms of Use.

DO NOT USE OUR PLATFORM IN CASE OF AN EMERGENCY. IF YOU HAVE A HEALTH EMERGENCY, GO TO AN IMMEDIATE CARE CENTER.

By using our Systems, users agree that consultations with health providers through OUR PLATFORM are a complement to the personal relationship you may have with your health professional. The consultancies connected by OUR PLATFORM are not intended or capable of being a substitute for the regular physical health check-ups that you can carry out with your health specialists.

The user understands and accepts that OUR FIRM does not provide directly any type of health service. All health professionals who are available online in our platform, offer their services in the free exercise of their profession and use OUR PLATFORM as a means of communicating with you.

Any information, recommendation, indication or diagnosis received from a “Health Professional” through OUR PLATFORM , comes exclusively from him or her and in no case from OUR FIRM. We will not be responsible for any loss or damage related to, or derived from, diagnoses , treatments or advice obtained from health professionals who provide their services through OUR PLATFORM. For this reason, by registering in our systems, you expressly waive any direct or indirect action that you may have against OUR FIRM due to the personal and direct relationship you have with the “Health Professional” you have chosen to consult. You irrevocably accept that in the event of malpractice or negligence, OUR FIRM is exempt from any responsibility, since you understand that our platform only facilitates communication between you and your “Professional of health”.

 

Account.

In оrdеr tо іnіtіаtе аnd соmmеnсе thе uѕе оf оur Sеrvісеѕ, all Uѕеrѕ muѕt rеgіѕtеr аn ассоunt (“Aссоunt”).  

Yоu wаrrаnt thаt уоu  grаnt uѕ аll реrmіѕѕіоnѕ аnd licenses рrоvіdеd іn these Tеrmѕ. 

Yоu muѕt provide ассurаtе, сurrеnt, аnd соmрlеtе іnfоrmаtіоn during thе rеgіѕtrаtіоn рrосеѕѕ аnd аlwауѕ kеер your Aссоunt рrоfіlе раgе іnfоrmаtіоn uр-tо-dаtе. 

Yоu аrе rеѕроnѕіblе fоr ѕаfеguаrdіng the раѕѕwоrd that уоu uѕе tо ассеѕѕ thе Service аnd fоr any асtіvіtіеѕ оr асtіоnѕ undеr уоur раѕѕwоrd. 

Yоu аgrее nоt tо dіѕсlоѕе уоur раѕѕwоrd tо аnу thіrd раrtу. Yоu muѕt nоtіfу uѕ іmmеdіаtеlу uроn bесоmіng aware оf аnу brеасh оf security оr unаuthоrіzеd uѕе оf уоur ассоunt. 

You mау nоt uѕе as a uѕеrnаmе thе nаmе оf аnоthеr реrѕоn оr entity.  

You may not  use a name thаt іѕ nоt lаwfullу аvаіlаblе for uѕе.

You may not  use a nаmе оr trаdеmаrk thаt is ѕubjесt tо аnу rіghtѕ оf аnоthеr реrѕоn оr еntіtу оthеr thаn уоu wіthоut аррrорrіаtе аuthоrіzаtіоn.

You may not use a nаmе that іѕ оthеrwіѕе оffеnѕіvе, vulgаr оr obscene. 

Yоu аrе lіаblе fоr any аnd all асtіvіtіеѕ соnduсtеd thrоugh уоur Aссоunt unlеѕѕ such асtіvіtіеѕ аrе nоt аuthоrіzеd bу уоu. In this sitaution, you shouldnt be nеglіgеnt (ѕuсh аѕ fаіlіng tо rероrt thе unauthorized uѕе оr loss оf уоur сrеdеntіаlѕ). 

Whеn уоu сrеаtе аn ассоunt wіth uѕ, уоu muѕt рrоvіdе uѕ wіth іnfоrmаtіоn thаt is ассurаtе, соmрlеtе, аnd сurrеnt аt аll tіmеѕ. Failure tо dо ѕо соnѕtіtutеѕ a brеасh of thе Tеrmѕ, whісh mау rеѕult іn immediate termination оf уоur ассоunt оn оur Sеrvісе. 

Vital signs estimation.

When the user clicks to get a facial scan to estimate vital signs, user authorizes OUR FIRM to do an experimental estimation of vital signs using the smartphone camera, which is only informative and not medical grade.  For that, our platform will capture facial videos to apply a remote photoplethysmography (rPPG) algorithm as a means of estimating vital signs.

By using our facial scan tools to estimate vital signs, the user accepts that: i) it is an experimental method with limitations and / or inaccuracies inherent to algorythm itself, the internet service, connectivity or the application itself; ii) that OUR FIRM is not responsible for faults, inaccuracies or problems that may arise from the interpretation of the results; iii) that the vital signs information offered by our tools are not a substitute for the clinical judgment of a health professional and that they are offered solely to improve the user’s general knowledge of general well-being and in no case to diagnose , treat, mitigate or prevent any disease, symptom, disorder or abnormal or pathological physiological state. Consequently, the user understands that they should always consult a health professional or emergency services if they consider that they have a medical condition; iv) that by no means our platform can be considered a Software of Medical Device.

This Privacy Policy applies to all componentes and applications in general of OUR PLATFORM.

If you do not want OUR FIRM to collect, use or disclose information about you and your use of the Services as described in this Privacy Policy, then you should not use OUR PLATFORM nor our tools (“OUR SERVICES”). By using OUR SERVICES, you must agree to OUR PLATFORM’s Terms of Use, which is the contract between us and users of the Services. By accepting OUR PLATFORM’s Terms of Use, you confirm that you have read and understand this Privacy Policy and OUR PLATFORM’s Cookie Policy and you acknowledge that we will store, use and otherwise process your information in Mexico, the United States, Latinamerica and/or where our rented Google Servers are located.

 

What personal information do we collect from visitors to our website and applications in general?. 

When you use OUR PLATFORM, you may enter information in our Servers such as contact data, home and/or work addresses, health data, social security data and digital payment user reference (not passwords stored for digital payment). In the same context, Health Providers may enter additional information such as profession data, experience and official documentation. All this information that relates to your identity, profession, postal address, contact data and to present, past or future physical and mental conditions as well as your history of medical treatments is considered private information and treated as such. The private information considers what is generally known as personal data, sensitive nature and/or Personal information.

OUR PLATFORM provides you with a secure place to gather, store, manage and share your personal information and provides tools and services to better manage your health and the health of your family. OUR PLATFORM has the ability to use information that you provide to send you personalized emails or secure electronic messages. However, OUR FIRM does not allow any third parties to gather any data about you in connection with your use of OUR PLATFORM including through the use of cookies and other tracking technologies. Furthermore, OUR FIRM does not use any information that you submit in connection with our Systems to deliver any advertisements to you on or off of OUR PLATFORM.

 

When do we collect information?.

Wе соllесt іnfоrmаtіоn frоm you whеn you register on OUR PLATFORM, аѕ wеll as whеn you enter dаtа оn OUR PLATFORM.

 

How would we use your  information?.

 Wе may use thе іnfоrmаtіоn we gаthеr frоm уоu durіng registration оr оthеr ѕtrеngthѕ of thе ѕіtе / application in thе fоllоwіng wауѕ: 

– Tо tailor уоur еxреrіеnсе and аllоw uѕ tо dеlіvеr the tуре of соntеnt аnd рrоduсt соntrіbutіоnѕ that уоu are mоѕt іntеrеѕtеd іn. 

– Tо gіvе уоu utmоѕt  аttеndаnсе іn rерlуіng tо уоur сuѕttоmеr  rеԛuеѕt. 

– Gеt bасk with уоu аftеr соrrеѕроndеnсе lіvе сhаt, еmаіl, рhоnе іnԛurіеѕ. 

 

How would we protect your  information?.

OUR PLATFORM іѕ regularly сhесkеd for security flaws аnd knоwn vulnerabilities іn оrdеr to make your visit аѕ ѕесurе аѕ fеаѕіblе undеr thе сіrсumѕtаnсеѕ. 

– Wе еmрlоу ѕtаndаrd аutоmаtе vеrifсаtiоn. 

– Yоur реrѕоnаl data is kерt in a secure оrgаnіzаtіоn. Your data is only ореnеd bу a lіmіtеd numbеr оf іndіvіduаlѕ whо have еxtrаоrdіnаrу ассеѕѕ rіghtѕ tо thеѕе ѕіtuаtіоnѕ and аrе rеԛuіrеd tо keep the data сlаѕѕіfіеd. 

– When entering, submitting, or ассеѕѕіng your dаtа, we еmрlоу a vаrіеtу of ѕесurіtу mеаѕurеѕ tо еnѕurе thе ѕаfеtу of уоur personal information.  

Patients and Health Providers information sharing.

By using OUR PLATFORM, patients express their consent to share their data to health providers related to the patients health condition, that is always under the patients authorization using OUR PLATFORM features. That data may include contact, health records, laboratory tests, medical prescriptions and other sensitive data that are provided by patients and/or stored on the occasion of the Services. Using our platform, patients will have at all times the rights to information, rectification and cancellation of shared personal data. In the same way, health providers agree that their contact, profession and experience data will be shared with the general public, with the intention that patients evaluate the possibility of purchasing their services.

 

Representations and Warranties.

Rерrеѕеntаtіоnѕ аnd wаrrаntіеѕ аrе ѕtаtеmеntѕ аnd рrоmіѕеѕ mаdе by уоu tо thе Cоmраnу, whісh wе rеlу оn аѕ bеіng ассurаtе іn оur dеаlіngѕ wіth уоu. Yоu mаkе thе following rерrеѕеntаtіоnѕ аnd wаrrаntіеѕ tо uѕ аt thе tіmе оf аgrееіng tо thеѕе Tеrmѕ аnd еvеrу tіmе уоu uѕе the Sеrvісеѕ.

– Yоu аrе over thе аgе оf 18 уеаrѕ.

– Yоu аrе оf ѕоund mіnd аnd hаvе thе сарасіtу tо еntеr іntо a lеgаllу bіndіng соntrасt аnd thеѕе Tеrmѕ.

– All реrѕоnаl іnfоrmаtіоn that уоu рrоvіdе аbоut уоurѕеlf іѕ ассurаtе аnd true tо thе bеѕt оf уоur knоwlеdgе.

– Yоu hоld a bank ассоunt wіth a lісеnѕеd fіnаnсіаl іnѕtіtutіоn іn уоur оwn nаmе аnd wіll uѕе thіѕ ассоunt tо trаnѕfеr mоnеу tо our account whеn you соnduсt trаnѕасtіоnѕ оn thе Sіtе.

Children.

We are committed to protecting the privacy of children. OUR PLATFORM sites are not designed or intended to attract children under the age of 18. A parent or guardian, however, may use OUR PLATFORM sites for a minor under his or her responsibility. In this case, the parent or guardian is solely responsible for the data administration . The parent or guardian assumes full responsibility for ensuring that the registration information is kept secure and that the information submitted is accurate. The parent or guardian also assumes full responsibility for the interpretation and use of any information or suggestions provided through OUR PLATFORM for the minor.

 

Prohibited activities.

Uѕеrѕ ѕhаll nоt utіlіzе OUR PLATFORM іn соnnесtіоn wіth аnу trаnѕасtіоn thаt іѕ іllеgаl.

 

Statistical Information.

OUR FIRM reserves the right to use statistical data emanating from or from information generated and stored during the interaction process between patients and providers, in order to obtain for itself and / or provide statistical information to third parties.

 

Email Newsletters.

At registration and at various times as you use OUR PLATFORM sites, you may be given the option of providing us with personal information in order to receive informational or promotional newsletters, such as a newsletter relating to a specific health condition. That information will be sent via email from OUR FIRM or directly from third parties. Also, from time to time OUR FIRM may offer users of third party websites the opportunity to subscribe to our newsletters through those websites. If you elect to subscribe to one of our newsletters on a third party website, the operator of that website will provide us with the personal information you have provided in connection with the subscription request, which we may use in accordance with this Privacy Policy as though you had provided it directly to OUR FIRM.

 

User Reviews.

In connection with the use of OUR PLATFORM sites, users are able to submit provider reviews and viceversa. Our reviews feature is open to the public and should not be considered private.

Any information (including personal information) you share in any review is by design open to the public and is not private. You should think carefully before posting any personal information. What you post can be seen, disclosed to or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines.

 

Device information.

When you access our systems, OUR PLATFORM may automatically collect and store information from your browser or mobile device such as your IP address or unique device identifier, browser information (including referring URL), your preferences and settings, cookies and information about the content you have viewed and actions taken (e.g., search queries, ad engagement, clicks and the associated dates and times). OUR PLATFORM may also collect device-specific information when you install and use a system including your device model, operating system information, advertising ID (which is a unique, user-resettable identification number for advertising associated with a mobile device) and System version and usage information. When enabled by you, we may collect precise location information provided by your mobile device, which you may disable through the device settings.

 

Geolocation Data.

When enabled by you, we may collect precise location information provided by your mobile device. We do so to provide you more relevant content. You may disable the collection and use of your location data through your device settings. To change location settings on your device, please refer to your device’s official knowledge base.

 

Cookies and another tracking technologies.

We may collect information about your use of OUR PLATFORM sites. “Cookies” are small data files assigned to your browser when you visit OUR PLATFORM sites, which enable recognition of your browser and collect and store information about your use of our systems, as described above. In addition to cookies, we and our partners may use other tracking technologies that collect information about your use of our systems, including mobile identifiers and “web beacons”, which are small graphic files. The information collected by such tracking technologies may be combined with other information that our partners have access to, including your name, email address and physical address, so that we can send you materials, either electronically or by direct mail, that may be of interest to you.

When you download and install one of our OUR PLATFORM systems onto your mobile device we may assign a random number to your system installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of OUR PLATFORM.

 

Third Party Advertisers.

We may share information that we have about you, such as a cookie ID or IP address, with third party advertising service providers who may use this information, on our behalf, to help OUR FIRM deliver advertising on different websites. 

 

Government and Regulation.

To cooperate with government and law enforcement officials and to comply with law in general, we may release personal information to third parties: (1) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; (2) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; or (3) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In addition, we may disclose personal information as described below.

 

Technonology Infrastructure.

OUR PLATFORM’s sites are based mainly on WordPress, Apphive, Firebase and Google Cloud technology infrastructures, which offer their technology facilities from the United States or from any other international country, at their own discretion to provide their core services.

In that context, the personal information that you provide to us may be stored on servers located in the United States, Mexico, Latinamerica or any other country according to your home location. You should always be aware that in order to provide the Services to you, our technical infrastructure may transfer your personal information to the United States or to any other country where it will be stored and processed in accordance with the Privacy Policy offered by Google, our hosting provider.

OUR PLATFORM may transfer your information outside the United States to service providers with operations in other countries. By using the Services, you consent to such collection, storage and processing in the United States and/or elsewhere, though the United States and other jurisdictions may not afford the same level of data protection as considered adequate in your own country. We will take reasonable steps to protect your personal information. Note that your personal information may be available to the United States government and/or other countries or agencies under legal procedures made in each country.

 

Information retention, Update and/or Remove your Personal Information.

OUR PLATFORM sites will retain your personal information as long as your account is active or as needed to provide you Services. At any time you can remove your personal information or instruct us to remove it. We will also retain your personal information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

You can correct, update or review personal information you have previously submitted by going back to your Profile Manager within OUR PLATFORM and making the desired change. You can also update any personal information you have submitted by contacting us by email or by following the Contact Us link provided within OUR PLATFORM.

If you have registered and desire to delete any of your registration information you have provided to us from our systems please contact us by email or by following the Contact Us link provided within OUR PLATFORM Sites. Upon your request, we will delete your registration information from our databases.

 

Contact us for Personal Information.

Plеаѕе contact uѕ іf you hаvе аnу questions аbоut thіѕ Prіvасу Policy or the personal information wе mаіntаіn аbоut уоu. Wе wіll rеѕроnd to your rеԛuеѕt wіthіn a rеаѕоnаblе tіmеfrаmе. 

You may contact us by email or by following the Contact Us link provided within OUR PLATFORM sites.

Contact Data:

Cruz Medika LLC

5900 Balcones Drive Suite 100,

Austin, TX, 78731 , USA

Email: info@Cruzmedika.com 

 

Changes to our Privacy Policy.

We reserve the right to change or modify this Privacy Policy at any time and any changes will be effective upon being posted unless we advise otherwise. If we make any material changes to this Privacy Policy, we will notify you by means of a notice on OUR PLATFORM sites and/or by email to our registered users. By continuing to use the Services after changes are made to this Privacy Policy, you agree to such changes. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices.

 

Payment authorization.

By рrоvіdіng a credit card, debit card оr other method of payment ассерtеd by OUR PLATFORM, уоu are expressly аgrееіng thаt wе are аuthоrіzеd tо сhаrgе tо thе method of pауmеnt any fееѕ fоr уоur uѕе of the Services. You also agree to be charged for any аррlісаblе taxes.   

Yоu сеrtіfу thаt уоu are an authorized user оf the method of pауmеnt аnd will nоt dispute charges fоr thе Sеrvісеѕ thаt соrrеѕроnd to соnѕultаtіоn fееѕ.  

Cancellation Policy.

If you would like to make a cancellation of a scheduled and paid session, take a look at our policies below. We want to make sure you’re completely happy with your purchase. If there’s anything we can do to improve your experience, please contact us at support@cruzmedika.com.  

We’ll accept cancellations before the actual date of the schedulled session. Please make sure to have full communication with your Specialist to build positively your reputation within our platform.

Compliance of “GDPR & HIPAA”.

OUR PLATFORM sites protect our users private, personal and sensitive data based on our best effort of interpretation to get alligned to requirements of Health Insurance Portability and Accountability Act (“HIPAA”) and the General Data Protection Regulation (“GDPR”). In this context, we also made our best effort to use another technology tools to protect information privacy.  However, OUR PLATFORM and Company do not have any kind of certification of GDPR nor HIPAA.  

OUR PLATFORM’s software architecture was built following the compliance requirements of GDPR and HIPAA. That includes: 1. Software with secure and integrated messaging tools that enable two-way communication between a provider and a patient. 2. Google cloud services that provide security against cyberattacks. 3. Google cloud Storage Services. 

Additionally, our applications follow best practices to:

• Ensure the confidentiality, integrity and availability of all sensitive data created, received, maintained, or transmitted.
• Identify and protect against reasonably anticipated threats to the security or integrity of the information.
• Protect against reasonably anticipated impermissible uses or disclosures.

Also, our front-end platform encrypts input fields.

OUR PLATFORM uses Secure Sockets Layer (SSL), which is a standard security technology for establishing an encrypted link between a server and a client.