USER AGREEMENT

IMPORTANT – Please carefully review these terms of use, which govern your access to and use of the Whale.app application.

“WHALE.app” LLC and/or its affiliates (“WhaleHealth.app” or “Whale.app”)  owns the Whale.app application and possesses the corresponding rights to grant usage permissions. Your access and use of the Whale.app application are contingent upon your complete and unconditional acceptance of all provisions and conditions outlined in these terms. Failure to agree to these terms means you are not permitted to access or utilize the Whale.app application, and you must promptly delete the application and discontinue its use.

Whale.app is a mobile application developed to facilitate healthcare management under the name “Whale.app.” The application is designed for user health management, including tracking health metrics, providing notifications, monitoring health data, and scheduling medication and vitamin intake for enhanced healthcare. Combining a user-friendly medication and vitamin tracker with symptom-tracking features, Whale.app offers users a distinctive experience in managing their health.

1. WHALE.APP MAIN FEATURES INCLUDE:
1.1. Medication and Vitamin Tracking:Convenient tool for managing medication and vitamin intake, with daily reminders and dosage statistics.
1.2. Well-being and Symptom Tracking: Record and store your well-being status for comprehensive health analysis.
1.3. Calendar and Notes: Integrated calendar and note-taking for scheduling medication, vitamins, and doctor consultations.
1.4. Prescription and Consultation Document Storage: Convenient repository for prescriptions and documents from healthcare providers.
1.5. Monitoring Indicators: User dashboard visualizes key medication intake indicators and overall well-being.
1.6. Analytics Saving as PDF: Save detailed reports and analytics in PDF format for future reference or sharing with healthcare providers.
1.7. Reminder System: Personalized reminders for medication, vitamin intake, and following doctor’s recommendations.
1.8. Other Functions: Additional features periodically added by the application owner.

2. TERMS OF USE:
2.1. Before commencing the use of Whale.app, it is imperative to meticulously review the Terms of Use. By either clicking “continue” or registering within Whale.app, users unequivocally express their complete agreement with these Terms.
2.2. Whale.app explicitly disclaims any affiliation with medical institutions or the provision of medical services. Health indicators and profiles presented within the application are solely for informational purposes and are derived from user-provided data. It is crucial to recognize that Whale.app does not offer actionable medical advice. For professional medical guidance, users should seek consultation from qualified healthcare professionals. The application owner reserves the right to amend these Rules at any time without prior notification. Users are responsible for staying informed about any modifications. Continued usage of the application implies acceptance of any such alterations.
2.3. Periodically, the owner may automatically update these rules and modify services to enhance performance, functionality, or address security concerns. In some instances, users may be prompted to install updates. Failure to install such updates may result in the application becoming inoperable.By utilizing this application, users explicitly consent to the collection, storage, and processing of their personal data, including health-related information and medication records.

3. OUR OPERATING PROCEDURES:
3.1. By registering as a User on Whale.app, you grant the application permission to use your data upon entry. Through the app, you can log in, modify, access, correct, or update your profile information.
3.2. Upon registration completion, users with Whale.app installed on their mobile devices gain access to its functionalities. Registering as a User allows the app to utilize your data after anonymization, ensuring anonymity alongside other registered Users’ data. Additionally, registration facilitates secure data synchronization for backup and retrieval across devices.
3.3. By accepting these Terms, you receive a limited, non-transferable license to use Whale.app as computer software for personal, non-commercial use on your mobile devices.
3.4. Sub-licensing, distribution, or copying of the app or its parts is prohibited. Violations may result in legal liability under Republic of Kazakhstan laws.
3.5. Use of the app is exclusive to registered Users, implying consent and unconditional acceptance of the service terms and these Rules.

4. MANAGING YOUR INFORMATION:
Please carefully review this document to understand the procedures for collecting, processing, and storing your personal data. Upon reviewing this document, you acknowledge your agreement with the purposes outlined and the procedures for collecting, processing, and storing your personal data, as detailed in the Privacy Policy. It is essential to thoroughly familiarize yourself with this document to fully understand the terms regarding the collection, processing, and storage of your personal data.

5. COLLECTION AND USE OF PERSONAL DATA:
5.1. We collect data you provide, including but not limited to: name, age, gender, medication intake information, doctor consultation reports, and other health metrics related to medication intake and user well-being. This data is used to offer personalized recommendations, enhance service quality, and analyze your health.
5.2. Your personal data is processed and stored using modern information protection methods. We take all necessary measures to safeguard data from unauthorized access, alteration, disclosure, or destruction.
5.3. You have the right to request access to your personal data we hold and to correct any inaccuracies or outdated information.
5.4. Whale.app reserves the right to modify these terms and privacy policy at any time. All changes will be published within the app, and your continued use of the app constitutes acceptance of these changes.
5.5. By registering as a User on Whale.app, you grant the application unconditional and full rights to use your data for application purposes from the moment of registration. The app enables users to log in, access, correct, and update profile information. This means users can:
– Log into the app using their credentials to access their profile.
– Modify profile information, including personal details, contact information, and settings.
– Access information in their profile at any time, allowing viewing of all saved data.
– Correct any inaccuracies or outdated data in the profile to ensure its relevance and accuracy.
– Update information as needed, adding new data or modifying existing data to maintain the profile’s accuracy.
5.6. After registration, one account allows usage on multiple devices specializing in various aspects of health monitoring and time management, including calendar tracking and medication or vitamin intake scheduling. This flexibility provides users with convenient access to their data anytime, anywhere.
5.7. By registering as a User, you grant the application unconditional and full rights to use your data after anonymization, ensuring it cannot be directly linked to you. You remain anonymous, alongside other registered Users’ anonymized data. Registration also enables data synchronization in a secure environment for backup and retrieval across devices.
5.8. You have the right to request deletion of your account and associated information by submitting a corresponding request within the app or contacting technical support via email. We process requests in accordance with applicable laws.
6. METHODS AND TIMELINES OF PERSONAL DATA HANDLING:
6.1. Personal data processing of Users occurs continuously through lawful means, including within personal data information systems using or without automation tools.
6.2. User confidentiality regarding personal information is maintained, except when Users voluntarily provide their personal data for public access. By utilizing specific services on the Site/platform, Users agree that certain personal information becomes publicly available.
6.3. The Site may transfer user personal information to third parties, such as telecommunication operators, under the following conditions:
– The User has consented to such actions by accepting this privacy policy.
– Transfer of personal data is necessary for the User to utilize specific Site/platform services or to fulfill agreements with the User.
– Transfer of personal data is mandated by established legal procedures.
6.4. User personal data may only be transferred to authorized state bodies of the Republic of Kazakhstan in compliance with relevant legislation.
6.5. The Site/platform administration implements necessary organizational and technical measures to safeguard User personal information from unauthorized access, alteration, or distribution by third parties.
6.6. The Site/platform administration, in collaboration with Users, takes preventive measures against potential losses or negative consequences stemming from the loss or disclosure of User personal data.

7. PERSONAL DATA PROTECTION AND ACCOUNT DELETION PROCEDURES:
7.1. The Operator ensures the security of personal data through legal, organizational, and technical measures in compliance with current data protection legislation.
7.2. The Operator complies with all legal requirements concerning the protection of personal data in Kazakhstan.
7.3. Rigorous measures are implemented to safeguard personal data, preventing unauthorized access by third parties.
7.4. User personal data will not be shared with third parties except as outlined in this Policy and as permitted by law, such as in response to legitimate requests from governmental or authorized private entities. Any data transfer will comply with Kazakhstan’s legislation.
7.5. Users possess the right to request the deletion of their personal data.
7.6. Users have the option to delete their account independently or submit a formal request to the Company using the contact details provided at the conclusion of this Policy.
7.7. Should a deletion request be declined, users retain the right to appeal to the authorized body for personal data protection rights.
7.8. Measures are enacted to safeguard the confidentiality of user personal data in accordance with standard industry practices.
7.9. Personal data associated with a user may be temporarily blocked upon user request or following receipt of written notification from the authorized body for personal data protection, pending verification in instances of inaccurate data or unlawful activities.
7.10. Processing of personal data may be suspended in cases where it is deemed unlawful.
7.11. Processing of user personal data will cease immediately upon withdrawal of user consent.
7.12. Upon completion of its required processing, personal data shall be securely destroyed by the Site/Platform Administration.
7.13. Users have the right to request information regarding the processing of their personal data and, upon providing evidence of unlawfully obtained or unnecessary data, such data shall be promptly erased upon request.

8. CONCLUDING REMARKS
8.1. For any inquiries regarding the collection and processing of personal data, users can reach out to the Operator via email at info@whalehealth.app.
8.2. This document will be updated to reflect any changes in the Policy concerning the collection and processing of personal data by the Operator. The Policy remains effective indefinitely until replaced by a revised version.
8.3. While the Operator does not routinely verify the accuracy of user-provided personal data, it reserves the right to do so. Should inaccuracies be discovered, users may be requested to take corrective actions as outlined in section 3.11 of this Policy.
8.4. All amendments to the Policy will be promptly communicated on this page. Users are encouraged to check this page regularly to stay abreast of any revisions.

9. UPDATES TO OUR PRIVACY POLICY
9.1. We reserve the right to modify this Privacy Policy at our discretion. The date of the latest revision is provided at the end of this document. Should you disagree with any alterations to this Policy, you must discontinue using our Services and may request the deletion of your personal information. Unless otherwise stated, these changes apply to all personal data in our possession and take effect immediately upon publication.
9.2. It is your responsibility to periodically review this Privacy Policy and its amendments. Your continued use of our Services following any modifications indicates your acceptance of the revised Policy.
9.3. Should any part of this Policy be changed, modified, or removed pursuant to a court order or arbitration decision, the remaining provisions unaffected by such changes will remain valid and enforceable for both parties.

10. DISPUTE RESOLUTION
10.1. Prior to initiating litigation over disputes arising from the relationship between the Site/Platform User and the Site/Platform Administration, it is mandatory to submit a claim (a written proposal for voluntary dispute resolution).
10.2. The recipient of the claim must respond in writing within 20 business days from receiving the claim, informing the claimant of the outcomes of the claim review.
10.3. If no agreement is reached, the dispute will be escalated to the court located at the Site/Platform Administration’s jurisdiction.
10.4. All claims and feedback regarding the application’s functionality are to be directed to the official email address info@whalehealth.app. We commit to addressing your inquiry within 20 days of receipt. To expedite the process, kindly provide a detailed description of the issue along with relevant screenshots or evidence, if available.

11. CONSENT FOR PERSONAL DATA PROCESSING
By continuing to use the Application, you acknowledge and agree to our Privacy Policy. Should you have any inquiries or suggestions, please contact us at: info@whalehealth.app.

In accordance with the Law of the Republic of Kazakhstan “On Personal Data and their Protection,” I hereby grant consent to TOO “WHALE.app” (referred to as the Operator) for the processing of my personal data. This includes all necessary actions outlined in para. 12 of Art. 1 of the aforementioned law. These actions include collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, transfer (distribution, provision, access), use, depersonalization, blocking, and destruction of my personal data. This consent extends to the use of automated means for registration and identification on the Operator’s website (https://whalehealth.app), as well as for establishing feedback, ensuring security, preventing fraud, confirming data accuracy and completeness, conducting statistical and other analyses, improving Site/Platform quality, analyzing purchasing behavior, and sending notifications. Additionally, I consent to receiving commercial and informational messages through various communication channels such as email, phone, SMS, and messaging apps.



This consent covers all personal data provided by me to the Operator, including:
– Name, Nickname, Login
– Phone and Email Address
– Mailing Address (if provided)
– User account images on Internet platforms as the User’s photo (avatar)
– User name (nickname) on Instagram, WhatsApp, and Telegram

I also authorize individuals providing support for the Site/Platform and Operator’s services to access my personal data to the extent necessary for such support. Furthermore, I authorize third parties to access my personal data for fulfilling obligations under the privacy policy and the public offer agreement.

This consent is effective from the date I provide my personal data to the Operator until the date of its withdrawal. Any withdrawal of consent should be directed to the Operator through the technical support service on the Site.

I confirm that I have read and unconditionally accept all provisions of this agreement.

Updated date: 02/04/2024

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