Regulations

TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES

KLINIKA PHLEBOLOGII SP. Z O.O.

These terms and conditions for the provision of services electronically, i.e. via the website available at https://klinikaflebologii.pl.

The service provider is Klinika Flebologii Sp. z o.o., with its registered office in Warsaw, 5 Wawelska Street, 02-034 Warsaw, Poland, which is a medical entity entered in the register of entities performing medical activities kept by the Mazovian Governor (W-14) with the registration book number 000000179794.

Prior to using the services provided by Klinika Phlebologii Sp. z o.o. via the website https://klinikaflebologii.pl, please read the provisions of these regulations.

If you do not accept any of the provisions of these rules and regulations, you should stop using the services provided by Klinika Phlebologii Sp. z o.o. via the website https://klinikaflebologii.pl. Use of the aforementioned services implies acceptance of all provisions of these regulations.

In the event of deterioration of your health, including your well-being, you should immediately contact the nearest medical facility or the Emergency Call Centre, which can be reached on the emergency number 112, to summon an ambulance.

§ 1. GENERAL PROVISIONS

1. The phrases used in these regulations have the following meanings:
   1. "Clinic" - Klinika Flebologii Sp. z o.o. with its registered office in Warsaw, ul. Wawelska 5, 02-034 Warsaw, Poland, holding tax identification number (NIP): 7010498962 and REGON: 362159728, registered in the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XIIEconomic Division of the National Court Register under the KRS number: 0000568625, registered in the Register of Entities Performing Medical Activities kept by the Mazovian Governor (W-14) under the registration book number 000000179794;
   2. "Doctor" - a natural person who has the right to practise the profession of doctor in the territory of the Republic of Poland;
   3. "Patient" - a natural person of full age who uses the services provided by the Clinic under the terms of the Regulations, or a minor or a person who is completely incapacitated, on whose behalf the services are used by a legal representative;
   4. "Regulations" - these terms and conditions for the provision of electronic services;
   5. "RODO" - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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);
   6. "Service" - the website available at https://klinikaflebologii.pl through which the Clinic provides services.
2. The Terms and Conditions set out the rules for the provision of services electronically, i.e. via the Website.
3. The Rules and Regulations constitute the regulations within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services.
4. The provisions of the Consumer Rights Act of 30 May 2014 shall apply to a limited extent to services provided via the Service for the assessment, maintenance or improvement of the Patients' health, including the prescription, dispensing and provision of medicinal products and medical devices, on the basis of an agreement concluded at a distance, which applies to the e-prescription ordering service. In the case of digital services in which the Patient is not obliged to provide services other than the provision of personal data, and such data is processed by the Clinic solely for the purpose of fulfilling a contract or a statutory obligation, the provisions of the aforementioned Act shall not apply.
5. The clinic employs a sufficient number of doctors with the necessary qualifications and experience to guarantee the proper provision of services.
6. The clinic has liability insurance for the healthcare provider.

§ 2. TECHNICAL REQUIREMENTS

1. To use the Service it is necessary to have:
   1. a terminal device, e.g. a computer, tablet, smartphone with an installed Microsoft, Android or IOS operating system and a web browser (e.g. Chrome, Safari, Microsoft Edge, Firefox, Opera);
   2. Internet access;
   3. e-mail address.
2. The connection to the Service is encrypted using a digital certificate.
3. The Patient is responsible for meeting the requirements indicated in paragraph 1 above. The Clinic shall not be liable for the non-performance or incorrect performance of the service due to the Patient's failure to meet the aforementioned requirements.
4. The Patient shall bear the costs resulting from the use of electronic means of communication that are necessary to use the service, according to the price list of the operator providing telecommunications services to the Patient.

§ 3. PROHIBITION OF UNLAWFUL CONTENT

1. Patients are prohibited from posting unlawful content on the Website. Unlawful content includes, but is not limited to, content that violates the law, personal rights, intellectual property rights of a third party, rules of social conduct or good morals. In addition, unlawful content is content that is offensive or discriminatory or that interferes or may interfere with the operation of the Website.
2. The Clinic is not responsible for the content entered into the Service by the Patient, or for any damage caused as a result of its entry. In the event that the Clinic has a reasonable suspicion of the unlawful nature of the content entered or stored on the Website by a Patient, the Clinic may prevent access to such content and block the Patient's access to the Website. The Clinic shall not be liable to the Patient for any damages resulting from the actions referred to above.

§ 4. OPERATION OF THE SERVICE

1. All rights to the Website and the content contained therein, including the rights to publications, trademarks, descriptions, texts, graphics, charts, photographs or films are vested in the Clinic or entities with which the Clinic has entered into appropriate agreements and are protected under the Act of 4 February 1994 on Copyright and Related Rights or the Act of 30 June 2000 on Industrial Property Rights. Downloading or printing of this content is possible under the conditions indicated in these laws.
2. The Clinic may carry out maintenance work on the Service, which may cause temporary difficulties in the use of the Service. The Clinic will endeavour to carry out maintenance work on the Service in a timely manner and in a manner that is as inconvenient as possible for Patients.
3. The Clinic shall be entitled to make changes to the data contained in the Service, to the technical parameters of the Service, to temporarily or permanently limit the availability of the Service or to withdraw the Service altogether, without prior notice to the Patient.
4. In the case of technical problems connected with the use of the Website, a Patient can contact the Clinic by phone at (+48)735 998 880 or (+48) 22 417 10 00, or by e-mail at rejestracja@klinikaflebologii.pl. Obtaining technical support is possible during the Clinic's opening hours indicated on the Website.
5. The Clinic shall not be liable for any malfunction of the Service or interruption in the provision of services if caused by an act or omission of the Patient, third parties, circumstances that the Clinic could not have foreseen and avoided, or force majeure.

§ 5. PRINCIPLES OF SERVICE PROVISION

1. The Clinic provides its services in accordance with the terms and conditions set out in the Regulations and relevant legislation.
2. Services are provided in accordance with current medical standards, current medical knowledge, available methods and means of preventing, diagnosing and treating illnesses and in accordance with the principles of professional ethics, due diligence, the highest quality and all applicable regulations, and with respect for the Patient's rights.
3. Services are provided by Doctors or administrative staff of the Clinic.
4. During and in connection with the provision of services, Patients are entitled to all rights provided for in separate regulations, including the Act of 6 November 2008 on Patients' Rights and Patients' Ombudsman. The list of Patients' rights is available for inspection at the Clinic's registration desk and will be made available to the Patient in the form of an e-mail upon request.
5. The patient is solely responsible for the non-performance or improper performance of the service resulting from the failure to meet the requirements set out in the Regulations.

§ 6 SCOPE OF SERVICES

1. The patient can order a prescription via the Service and schedule an inpatient appointment at the Clinic's treatment facility.
2. Via the Service, a prescription can be ordered by a Patient who has a patient card established at the Clinic and who has been assigned an attending physician. The order may only relate to medicinal products which are continuously taken by the Patient, the use of which is based on his/her previous medical history. The Clinic may refuse to issue a prescription if the order does not meet the aforementioned requirements and if this is due to regulations. Prescriptions for benzodiazepine drugs and opioids cannot be ordered via the Service.
3. The prescription is ordered by filling in the order form available on the Website under "Order a prescription" and sending it to the Clinic, which is done by clicking on the "Send message" link.
4. The prescription ordering service is provided by the Clinic for a fee. The cost of the above service is PLN 60.00 for the generation of one prescription. Payment for the service can be made by bank transfer to the Clinic's bank account indicated on the Website under "Order a prescription". If this form of payment is selected, once payment has been made, confirmation of payment should be sent by email to rejestracja@klinikaflebologii.pl.
5. Patients can pay for their prescription by bank transfer or payment card online via the Przelewy24 service, which is owned by PayPro S.A. The service is available to Patients who have access to e-banking services and have an open bank account or payment card in a bank supported by the Przelewy24 service. If the Patient chooses this form of payment, he/she is obliged to make the payment in accordance with the instructions displayed after clicking on the relevant payment link.
6. The prescription is issued electronically and can be filled by the Patient at the pharmacy after providing the Patient's PESEL number and the prescription access code. The prescription access code will be sent to the Patient by SMS to the telephone number indicated by the Patient (the Patient's telephone number to which the code will be sent is the telephone number indicated by the Patient in the Patient's chart forming part of the medical records).
7. The patient agrees that the Clinic will immediately commence the prescription order service by marking the appropriate box when placing the order. The Patient acknowledges that if he/she gives the consent referred to in the preceding sentence, once the prescription has been issued, he/she has no right of withdrawal.
8. In the case of consent referred to in paragraph 7 above, the prescription will be issued within 3 working days after the Clinic receives confirmation of payment (if the form of payment referred to in paragraph 4 above is selected) or - in the case of payment via the Przelewy24 service - crediting the Clinic's bank account with the price for the service.
9. If the consent referred to in paragraph 7 above is not given, the Patient has the right to withdraw from the prescription order service within 14 days of placing the order. In this case, the prescription order service will be commenced after the withdrawal period has expired, which means that the prescription will be issued no earlier than 14 days after the order has been placed, in any case after payment for the service has been received. The patient may agree to start the service before the end of the withdrawal period at any time after the order has been placed.
10. The patient may submit a declaration of withdrawal via the Service or by email.
11. Via the Website, the Patient can book an appointment at the Clinic's treatment facility. To do this, the Patient clicks on the "Book an appointment" tab on the main page of the Website.
12. The Patient books an appointment by sending a message to the Clinic to the address indicated on the Website under the "Make an appointment" tab. In the message, in addition to the Patient's identification data, in particular his/her telephone number, the Patient may indicate the preferred Doctor with whom he/she wishes to have a visit and the preferred date of the visit. Before confirming the visit, the Clinic will contact the Patient in order to establish or confirm the details of the Doctor with whom the visit is to take place and the date of the visit. The appointment is considered confirmed as soon as the Clinic has provided the Patient with the confirmation.
13. The appointment booking service is provided free of charge. In the case of completion of a booked visit, the Patient is obliged to pay the price for the visit in accordance with the price list of health services in force at the Clinic, the electronic version of which is available on the Website.
14. The Clinic may require the Patient to pre-pay for the visit. The amount and conditions for prepayment are set out in the organisational regulations of the treatment facility, an extract of which is available on the Website under "Regulations".
15. The patient makes the required pre-payment at the Clinic's registered office, by traditional bank transfer to the bank account indicated by the Clinic or electronically in the form of an online transfer or payment by credit card via the Przelewy24 service, owned by PayPro S.A.
16. The online payment service via the Przelewy24 service is available to Patients who have access to electronic banking services and an open bank account or payment card in a bank supported by the Przelewy24 service. If the Patient chooses to pay via the Przelewy24 service, he/she will receive an e-mail message from the Clinic at the e-mail address indicated on the Patient's card with a link redirecting him/her to the online payment. The Patient is obliged to make the payment in accordance with the instructions displayed after clicking on the link.
17. If prepayment is made by traditional transfer, the Patient is obliged to send confirmation of the transfer by email to rejestracja@klinikaflebologii.pl.
18. If the Patient fails to pre-pay, the Patient is deemed to have waived the service.
19. The appointment booking service is provided during the Clinic's opening hours.
20. The conditions and manner of cancelling a booked appointment are specified in the organisational regulations of the treatment facility, an extract of which is available on the Website under the "Regulations" tab. In the case of events resulting in an obligation on the part of the Clinic to return amounts paid by the Patient, including the deposit or preparatory fee, they will be immediately returned in the form in which the Patient made the payment. In the case of payment at the Clinic, the reimbursement will be made to the account number indicated by the Patient.

§ 7. PROTECTION OF PERSONAL DATA

1. The administrator of the personal data processed in connection with the provision of the services indicated in the Regulations is the Clinic.
2. The Clinic has appointed a Data Protection Officer. The Data Protection Officer is responsible for all matters relating to the processing of personal data by the Clinic. The contact details of the Data Protection Officer are indicated in the privacy policy, an electronic version of which is available on the Website under "Personal Data".
3. The Clinic processes personal data for the following purposes:
   1. booking an inpatient appointment (Article 6(1)(b) RODO in conjunction with the Act of 6 November 2008 on Patients' Rights and Patients' Ombudsman and the Act of 15 April 2011 on therapeutic activity), which concerns identification data. The aforementioned data are stored for the period from the sending of the booking form until the provision of the healthcare service on the day of the in-patient visit and, if the visit does not take place, for a period of up to 30 days from the scheduled date of the visit;
   2. to enable the Patient to use the prescription order form, i.e. on the basis of Article 6(1)(b) RODO (processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract), Article 6(1)(c) RODO (processing is necessary for compliance with a legal obligation incumbent on the controller), and, as regards sensitive data, also on the basis of Article 9(2)(h) RODO (processing is necessary for the purposes of preventive health care or occupational medicine, for the assessment of an employee's capacity to work, for medical diagnosis, for the provision of health care or social security, for treatment or for the management of health care systems or social security services). (h) RODO (the processing is necessary for the purposes of preventive health or occupational medicine, assessment of the employee's fitness for work, medical diagnosis, the provision of health care or social security, treatment or the management of health care or social security systems and services on the basis of Union law or the law of a Member State or pursuant to a contract with a health professional and subject to the conditions and safeguards referred to in Art. 9(3) RODO), which applies to the following personal data of the Patient: name and surname, PESEL number, as well as health data concerning the medicinal products taken; the above-mentioned data is processed by the Clinic for the period of archiving of medical records indicated in Article 29 of the Act of 6 November 2008 on Patients' Rights and Patients' Rights Ombudsman, i.e. in principle for 20 years;
   3. transfer of data to a payment operator in connection with providing the Administrator with the service of making available the infrastructure for handling payments via the Internet, handling and settling payments made by Patients via the Internet with the use of payment instruments, verification of proper performance of agreements concluded with the Administrator, in particular ensuring the protection of interests of the payers in connection with the complaints submitted by them, i.e. the Administrator, the Patients' rights of payment, the Patients' rights of payment, the Patients' rights of payment. on the basis of Article 6(1)(f) RODO (the processing is necessary for the purposes of the legitimate interests pursued by the Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data). On this basis, the Clinic may process the Patient/Payer's identification and financial data, which will be processed no longer than until the statute of limitations for possible claims;
   4. to conduct correspondence with the Patient, including via the contact form, to archive correspondence and to handle complaints, i.e. on the basis of Article 6(1)(f) of the RODO (processing is necessary for the purposes of legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data). On this basis, the Clinic may process the following data: first and last name, e-mail address, telephone number, and other personal data indicated in correspondence addressed to the Clinic, which will be processed until the need to contact the Patient ceases, but for no longer than 3 months after such contact has ceased.
4. The Clinic shall keep personal data confidential and secure them from unauthorised access by third parties in accordance with the principles set out in the applicable legislation.
5. The data subject has the right to access personal data concerning him/her, to rectify (amend) them, to complete them if they are incomplete, to erase or restrict the processing, to move the data and to receive a copy of them, to object to the processing, to lodge a complaint with the President of the Office for Personal Data Protection (ul. Stawki 2, 00-193 Warsaw) concerning the processing of the data if he/she considers that the processing of the data violates the provisions of law. A full list of the rights to which a person whose data is processed by the Clinic is entitled and the rules for exercising them are available on theService in the tab "Personal data", subpage "List of rights".
6. Recipients of personal data are the Clinic's employees and associates, i.e. persons with whom the Clinic cooperates for the purpose of fulfilling professional obligations, external service providers, i.e. entities whose services the Clinic uses to process personal data, e.g. providers of ICT or payment services, as well as other independent recipients, i.e. entities processing data on behalf of the Clinic on the basis of a personal data processing entrustment agreement, institutions entitled to control the Clinic's activities or entities entitled to obtain personal data on the basis of separate regulations.
7. Where the processing of personal data is based on consent, the provision of data is voluntary. However, refusal to provide consent for the processing of personal data may result in a refusal to provide a service or take another action. The provision of personal data is mandatory if the basis for processing is a provision of law or a contract concluded between the parties.
8. The full text of the data protection clause is available on the Website under "Personal Data".

§ 8 COMPLAINT PROCEDURE

1. The Patient has the right to make a complaint about the operation of the Service or the services provided by the Clinic through the Service.
2. A complaint can be made in writing by sending it to the Clinic's address or by e-mail to rejestracja@klinikaflebologii.pl.
3. The complaint should indicate the Patient's contact details, in particular his/her name, correspondence address or e-mail address, the subject of the complaint and its justification, as well as the Patient's allegations and demands. A complaint that does not contain the above data will not be considered.
4. The Clinic shall consider the complaint within 30 days of receipt of the data indicated in paragraph 3 above. The complaint will be answered in a form appropriate to the form in which the complaint was submitted.

§ 9. FINAL PROVISIONS

1. The Rules and Regulations are available in electronic form for downloading, recording and printing.
2. The Clinic may introduce changes to the Terms and Conditions, and issue new regulations or rules regulating the provision of services in detail. Amendments to the Terms and Conditions will be made by publishing the new Terms and Conditions on the Website and will come into effect from the date of their publication.
3. The Clinic is entitled to issue additional regulations or internal acts related to the provision of electronic services. The Clinic will inform users of this on the Website.
4. In the event of any disputes arising in connection with the provision of the Services, Polish law shall govern.
5. In matters not regulated in the Regulations, the provisions of Polish law, as well as European Union law, including the Civil Code, the Act of 5 December 1996 on the professions of physician and dentist, the Act of 18 July 2002 on the provision of services by electronic means, the Act of 6 November 2008 on patients' rights and the Patient's Rights Ombudsman, the Act of 15 April 2011 on medical activity, the RODO and the Regulation of the Minister of Health of 6 April 2020 on types, scope and models of medical records and the manner of their processing shall apply.
6. Any questions regarding the operation or use of the Service should be addressed to the following email address: rejestracja@klinikaflebologii.pl.
7. The regulations come into force on 1 February 2024.