Terms and conditions of sale of services and online payments

Regulations on the provision of medical services at BIOGENE SP. z oo* with its registered office in Grodzisk Mazowiecki (05-825), at Jana Kilińskiego 11/14 street, entered into the register of entrepreneurs maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under the KRS number 0000381838, NIP 701 028 81 82, Regon 142877960 in the form of stationary visits, teleconsultations and online consultations via the website www.vediclinic.pl

1. General provisions

  • These Regulations (hereinafter referred to as the "Regulations") define the terms and conditions of provision of services by BIOGENE Sp. z o. o. with its registered office in Grodzisk Mazowiecki (05-825), at Jana Kilińskiego 11/14 street (hereinafter referred to as the "Service Provider").
  • The Service Provider, via the website www.vediclinic.pl (hereinafter referred to as the "Website"), provides services enabling Patients to book visits to the Service Provider's stationary facilities and purchase medical consultations conducted by the Service Provider's specialist doctors using electronic means of communication.
  • The Regulations constitute the regulations for the provision of services by electronic means, referred to in the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2013, item 1422, as amended).
  • A patient within the meaning of these Regulations is a natural person who uses or intends to use the services of the Website (hereinafter referred to as the "Patient").
  • The content of the Website, in particular texts and graphic signs, is the property of the Service Provider and is legally protected.

2. General Terms and Conditions of Service

  • The Service is a tool for managing online medical consultations taking place at the Service Provider's stationary facilities (hereinafter referred to as the "Visit") and for managing online medical consultations provided electronically in the form of a telephone consultation and video consultation (hereinafter referred to as the "e-visit").
  • The current list of stationary facilities providing medical consultations, along with their addresses and telephone numbers, where the Patient can book a Visit, is available on the Service website.
  • Medical consultations are provided by Specialists (doctors, psychologists, psychotherapists) of the facility run by the Service Provider.
  • The patient acknowledges that the services are provided using an IT system that allows processing and storage, as well as sending and receiving data via telecommunications networks, in accordance with the Act of 18 July 2002 on the provision of services by electronic means.
  • The Website may only be used in accordance with the principles set out in these Regulations.
  • In order to properly use the Service, the Patient should have a computer or device with installed software allowing browsing websites (in particular FireFox or Chrome) and access to the Internet.
  • The Service provides the Patient with the ability to:
    1. booking stationary visits,
    2. booking and conducting online e-medical visits with a specialist doctor of the Service Provider,
  • The use of the Service is free of charge, however, the Patient wishing to purchase an e-visit is obliged to pay for the service they have chosen in accordance with the current price list available on the Service website. Before purchasing an e-visit, the Patient will be informed of its total cost.
  • The Patient may browse the contents of the Service without registering. Managing Visits and issuing opinions about doctors, as well as purchasing and using e-visits is only possible after the Patient has registered an account.
  • In order to register, the Patient provides the following personal data:
    1. name,
    2. last name,
    3. email address,
    4. telephone number.
  • Before registering, the Patient is obliged to read the Regulations and accept them.
  • After registration, the Patient receives a message to the email address provided confirming the visit booking.
  • In order to properly provide services, including ensuring contact with the Patient, the Service Provider will send short messages of a technical nature to the e-mail address and telephone number provided by the Patient, concerning the reservations made (in particular, a code confirming the reservation of a Visit to a stationary facility or information reminding about a visit to a stationary facility). For the avoidance of doubt, the messages referred to in the previous sentence do not constitute commercial information within the meaning of the Act of 18 July 2002 on the provision of services by electronic means.
  • The Patient is obliged to use the Website in a way that does not cause any inconvenience to other users and to refrain from any actions that may hinder or disrupt the functioning of the Website.
  • The Patient may use the Service 7 days a week, 24 hours a day, regardless of whether he or she has booked an Appointment.

. Booking a Visit

  • The Patient has the option of booking a Visit taking place at a stationary medical facility using the Service, by selecting the Specialist, the place of the visit (a specific stationary facility), the date and time of the visit, and the time and type of the visit. The Patient confirms the booking of the Visit by clicking the "Confirm booking" button.
  • To confirm the reservation, the Patient receives a message confirming the reservation to the e-mail address provided by him/her.
  • When booking a Visit, the Patient has the opportunity to enter comments to the booking, which will be automatically forwarded to the reception.
  • The Patient has the option to cancel the Visit by telephone at the given facility 36 hours before the visit.

4. Purchase and reservation of e-visit

  • The Patient has the option to purchase an e-visit using the Service by selecting a Specialist, date, time and type of visit. The Patient confirms the e-visit reservation by clicking the "Confirm reservation" button.
  • The patient can purchase an e-visit for the price resulting from the price list, placed in the tab of the website www.vediclinic.pl
  • Prices for e-visits are given in Polish zloty and are gross prices, i.e. they include VAT.
  • The Patient is not able to book an e-visit offered by the Service Provider on the Service website without paying for it at the same time. The Service Provider reserves that payment is a necessary condition for the purchase of an e-visit (including its booking) by the Patient.
  • When purchasing an e-visit via the Website (in the tab indicated in section 2 of this paragraph), the Patient simultaneously reserves the date of his/her chosen e-visit (including the date and time), selects the Specialist, and the type of visit.
  • The Patient confirms the purchase and reservation of the service order details by clicking the "Confirm reservation and pay" button.
  • After making a reservation, the patient has 30 minutes to pay for the e-visit. After this time, if payment is not made, the e-visit reservation will be canceled.
  • Payments for e-visits are made by the Patient in advance via the DotPay payment platform integrated with the Website.
  • The fiscal receipt for online payments will be issued immediately upon receipt of payment. The receipt is available for collection at the reception desk of the Branch. It is required to receive an invoice for the service.
  • After successful payment for the e-visit and the funds are credited to the Service Provider, the Patient receives a message to the e-mail address provided by him/her confirming the purchase (including the reservation) of the e-visit date of his/her choice and details regarding the implementation of the service.
  • The e-visit service is provided in Polish and some foreign languages ​​by selected medical specialists.
  • During the e-visit, the Patient will be asked by the specialist to show a document confirming his or her identity with a photograph.
  • A patient who interrupts or ends an e-visit before its planned end time is not entitled to later use the time remaining until the end of the medical consultation.
  • During the e-visit, the Patient has the option to send the Service Provider's specialist the results of tests or other necessary information regarding the current state of health. This information is attached to the medical documentation kept for the Patient.

5. Technical requirements e-visit

  • E-visits are conducted using traditional audio connections (in the case of telephone medical consultations) and via publicly available free internet messengers.
  • The patient should be connected to the Internet unless they only use a mobile phone to conduct a telephone medical consultation.
  • To conduct an e-visit, the Patient can use a computer or a telephone. This device must be equipped with a properly functioning microphone and camera (in the case of video medical consultations). Before the visit, you must agree to turn on the microphone and camera (configure the computer or telephone settings accordingly).
  • E-visits are currently conducted using FireFox and Chrome browsers.

6. Cancellation or change of e-visit date

  • The patient has the right to cancel a purchased e-visit no later than 24 hours before its scheduled date by contacting the reception desk of the facility where the visit was booked by phone.
  • If an e-visit is cancelled less than 24 hours before its commencement, the fee for the service will not be refunded.
  • The patient can modify the purchased e-visit no later than 24 hours before its implementation by changing the date of its implementation. The change is made via e-mail: kontakt@vediclinic.pl
  • Changing the date of an e-visit less than 24 hours before its planned start will require a new booking fee.
  • In the event of cancellation or change of the e-visit date, the Patient receives confirmation of the action taken in the form of a message sent to the e-mail address he provided.
  • In the event of an e-visit being cancelled more than 24 hours before its planned start, the fee paid will be refunded in a manner corresponding to the method of payment for the e-visit (via the DotPay service) or by transfer to the bank account number provided by the Patient. The Service Provider will refund the funds to the Patient within 14 days of the e-visit being cancelled. In the event of a refund, the Patient may be charged with the costs of commissions and fees charged to the Service in connection with this e-visit by DotPay (in accordance with the service regulations) or the bank in the case of a foreign transfer (in accordance with the fees imposed by the bank).

7. Responsibility

  • The Service Provider shall not be liable for any damage caused by improper use of the Service by the Patient, or for any consequences resulting from third parties obtaining the Patient's password and login if this is the result of the Patient's negligence.
  • During the e-visit, the Patient undertakes to provide data and make declarations that are true. The Service Provider and its medical staff are not responsible for the consequences resulting from the Patient providing false data or making false declarations.
  • The Service Provider is not responsible for the quality of telecommunications services provided by telecommunications operators through which the Patient connects to the Internet in order to use the Service.
  • The Patient may stop using the Service at any time, including interrupting an ongoing e-visit, without suffering any consequences. For the avoidance of doubt, it is confirmed that the Patient who interrupts an e-visit before its end time is not entitled to use the time remaining until the end of the medical consultation.
  • The Service Provider undertakes to provide services via the Service on the correct In the event of any technical problems related to the functioning of the Service, beyond the control of the Service Provider, which may result in a potential collision of the booked Visit date or purchased e-visit with the date selected at the same time by another Patient, the Service Provider reserves the right to provide the Patient with the most convenient alternative date for the selected service. The Patient has the right not to accept another date proposed by the Service Provider and thus may resign from the service, receiving a refund of the costs incurred.

8. Complaints

  • In the event that services are provided in a manner inconsistent with these Regulations or the provisions of generally applicable Polish law, the Patient has the right to file a complaint.
  • The complaint should be submitted in writing to the following address: reklamacje@ameds.pl
  • A properly submitted complaint should include the Patient’s personal data enabling their identification and contact details to ensure contact, as well as a description of the reason for the complaint and the scope of the requests.
  • The Service Provider shall consider the complaint within a maximum of 14 business days from the date of its receipt.

9. Personal data

INFORMATION ON THE PROCESSING OF PERSONAL DATA IN ACCORDANCE WITH THE GENERAL REGULATION ON THE PROTECTION OF PERSONAL DATA, SO-CALLED GDPR

In connection with the implementation of the requirements of Regulation (EU) 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, hereinafter referred to as the Regulation), BIOGENE Sp. z o. o. with its registered office in Grodzisk Mazowiecki (05-825), Jana Kilińskiego 11/14 street informs about the principles of personal data processing:

I. Administrator

The administrator of your personal data is BIOGENE Sp. z o. o. with its registered office in Grodzisk Mazowiecki (05-825), Jana Kilińskiego 11/14 street hereinafter referred to as the "Administrator".

II. Data Protection Officer

The Administrator has appointed a Data Protection Inspector, who can be contacted via e-mail at the following address: inspektor@ameds.pl

You can contact the Data Protection Officer on all matters relating to the processing of personal data and the exercise of rights related to data processing.

III. Categories of personal data

The Administrator processes the following categories of data: identification data, address data, contact data, health data, and genetic and biometric data.

IV. Purposes and legal basis for personal data processing

The legal basis for the processing of personal data by the Controller, in addition to the consents obtained, is Article 9 paragraph 2 letter h of the Regulation, i.e. "processing is necessary for the purposes of preventive health care or occupational medicine, for assessing the employee's fitness for work, for medical diagnosis, for providing health care or social security, for treatment or for managing health care or social security systems and services under Union law or the law of a Member State [...]" and Article 6 paragraph 1 letter f of the Regulation, i.e. the legitimate interest pursued by the Controller.

V. The goals pursued by the Administrator in connection with the above are:

  • Patient registration;
  • Provision of medical services;
  • Billing for services provided;
  • Sharing medical information;
  • Archiving;
  • Marketing the services you offer;
  • Statistical;
  • Scientific research.

VI. Information on the periods of personal data processing

The Administrator will store your personal data:

  • in connection with the conclusion of the contract and for the purpose of its implementation – for the duration of the contract, and then for the period and to the extent required by law, as well as for the period necessary to establish and pursue your own claims or defend against claims;
  • in connection with the implementation of an obligation imposed by law for a period specified therein – including the Act on Patients’ Rights and the Patients’ Ombudsman;
  • in the scope of promotion and marketing of activities conducted by the Administrator during the term of the contract – until you file an objection;
  • in the scope of promotion and marketing of activities conducted by the Administrator after termination, expiration or withdrawal from the contract – until you withdraw your consent;
  • in the scope of determining and pursuing own claims or defending against submitted claims – until the limitation period for potential claims arising from the contract or otherwise expires;

VII. Information about recipients of personal data

The data is intended for the Administrator and may be transferred to the following recipients:

  • entities and bodies to which the Controller is obliged or authorised to provide personal data under generally applicable provisions of law, including entities or bodies authorised to receive personal data from the Controller or authorised to request access to personal data under generally applicable provisions of law;
  • entities participating in the processes necessary for the provision of medical services by the Administrator;
  • entities processing the personal data of the data subject on behalf of the Controller on the basis of a personal data processing agreement concluded with the Controller;

VIII. Automated decision-making, including profiling

Profiling should be understood as any form of automated processing of personal data consisting in the use of personal data to evaluate certain characteristics of a natural person, in particular to analyse or predict aspects relating to that natural person's work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

Within the scope of the legitimate interest of the Administrator and the consents granted by you, the personal data of the data subject may be processed in an automated manner, which may involve automated decision-making, including profiling. Such a situation occurs when the marketing goal and promotion of the activities conducted by the Administrator are realized. Your personal data may then be used for profiling in order to direct a personalized offer to you.

IX. Rights of the data subject

You have the right to access your personal data, including obtaining a copy thereof, the right to request their rectification, deletion (the right to be forgotten), and restriction of processing under the conditions resulting from the Regulation.

To the extent that the basis for the processing of your personal data is the legitimate interest of the Administrator, you have the right to object to the processing of your personal data.

To the extent that the basis for the processing of your personal data is consent, you have the right to withdraw consent. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

To the extent that your personal data are processed for the purpose of concluding and performing a contract or processed on the basis of consent, you also have the right to transfer your personal data, i.e. the right to receive your personal data from the Controller in a structured, commonly used, machine-readable format (you may send this data to another Controller) and the right to request the direct transfer of your data by the Clinic to another Controller, if technically possible.

To the extent that your personal data are processed for the purpose of promoting and marketing the activities conducted by the Administrator, you have the right to object at any time to the processing of your data for the purposes of promoting and marketing the activities conducted by the Administrator, including profiling, to the extent that the processing is related to the promotion and marketing of the activities conducted by the clinic.

You also have the right to lodge a complaint with the body supervising compliance with the Regulation, i.e. the President of the Office for Personal Data Protection, if there is a suspicion that the processing of your personal data violates the provisions on personal data protection.

X. Source of data

Your data may come from the principal (in the case of a power of attorney), publicly available sources (e.g. databases and registers: REGON, Central Registration and Information on Business (CEIDG), National Court Register) and from another Administrator who transferred them to the clinic in accordance with the right to transfer data. In other cases, data are collected from the data subject.

XI. Transfer of personal data to a third country

In justified and necessary cases, in order to properly provide the healthcare service and perform the contract (e.g. to carry out your instructions related to the contract), as well as in cases where the transfer of personal data is necessary, the Administrator will transfer your personal data to international organizations or make your personal data available to entities based outside the European Economic Area (EEA).

XII. Obligation to provide personal data

Providing your personal data is voluntary, but it is a condition for the possibility of providing medical services and concluding and implementing the contract and the statutory rights and obligations of the Administrator related to the activities he conducts. In the event of failure to provide personal data, the Administrator is forced to refuse to provide medical services and conclude the contract. To the extent that personal data are collected on the basis of your consent, providing personal data is voluntary.

XIII. Final Provisions

  • In matters not regulated in these Regulations, the provisions of Polish law shall apply, in particular the Act of 18 July 2002 on the provision of services by electronic means.
  • These Regulations are available at the electronic address ameds.pl in an electronic version, which enables their acquisition, reproduction and recording using the IT system used by the Patient.
  • The Service Provider reserves the right to change the provisions of the Regulations in the event that the need to introduce changes results directly from changes in legal regulations or in order to improve the quality of the services provided. Patients will be informed of changes to the Regulations by placing information about the changes on the Service website. Any changes to the Regulations become effective within 14 days of their publication in the manner described in the previous sentence.
  • If any provision of these Regulations is found to be invalid, unlawful or unenforceable, it will be severed from the provisions of these Regulations, which will continue to apply to the fullest extent permitted by law.
  • Any disputes arising from the implementation of the provisions of these Regulations and the medical services provided, the Parties will first try to resolve by agreement. In the absence of such agreement, disputes shall be subject to resolution by a common court competent in accordance with the provisions of the Act of 17 November 1964 - the Code of Civil Procedure (Journal of Laws of 2016, item 1822, as amended).

*) BIOGENE Sp. z o. o. is the owner and supervisory entity for VEDI CLINIC and AMEDS Medical Center

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