TERMS AND CONDITIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS

KLINIKA FLEBOLOGII SP. Z O.O. (LTD.)

These terms and conditions for providing services by electronic means determine the conditions for providing services by electronic means, i.e., via the website https://klinikaflebologii.pl.

The services are provided by Klinika Flebologii Sp. z o.o. (Ltd.) with its principal office in Warsaw at 5 Wawelska St., 02-034 Warsaw, Poland, a medical entity registered in the Register of Entities Performing Medical Activity kept by the Voivode of the Masovian (W-14) under registration No. 000000179794.

Before you start using the services provided by Klinika Flebologii Sp. z o.o. (Ltd.) via the website https://klinika flebologii.pl, please read these terms and conditions carefully.

If you do not understand or accept any of the provisions of these terms and conditions, please stop using the website https://klinikaflebologii.pl. You agree to be bound by these terms and conditions by accessing or using our website.

In case of a deterioration of health or well-being, please do not hesitate and immediately contact the nearest medical facility or the Emergency Notification Center, available at 112, to call an ambulance.

§ 1. PRELIMINARY PROVISIONS

  1. Unless otherwise defined or otherwise required by the context, the following terms shall have the respective meanings ascribed below:
    a) the "Clinic" – Klinika Flebologii Sp. z o.o. (Ltd.) with its principal office in Warsaw, 5 Wawelska St., 02-034 Warsaw, Poland, tax identification No. (NIP): 7010498962, statistical No. (REGON): 362159728, registered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register under company registration No.: KRS 0000568625, a medical entity registered in the Register of Entities Performing Medical Activity kept by the Voivode of the Masovian (W-14) under registration No. 000000179794;
    b) "Physician" – an individual with the right to practice medicine in the territory of the Republic of Poland;
    c) "Patient" – a natural, adult person who uses the services provided by the Clinic under the terms of these Terms and Conditions, or a minor or completely incapacitated person on whose behalf a legal representative uses the services;
    d) "Terms and Conditions" – these terms and conditions for providing services by electronic means;
    e) "GDPR" – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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);
    f) "Website" – the website available at https://klinikaflebologii.pl; a website used by the Clinic to provide services.
  2. These Terms and Conditions establish the rules for providing electronic services via the Website.
  3. These Terms and Conditions implement the obligation in Article 8 Section 1 of the Act of July 18, 2002, on the provision of electronic services.
  4. The provisions of the Act of May 30, 2014, on Consumer Rights apply to services provided through the Service for the assessment, maintenance, or improvement of patients' health, including the prescription, dispensing, and provision of medicinal products and medical devices, under the contract concluded at the distance (ordering prescription service), to a limited extend. In the case of digital services, in the course of which the Patient is obliged only to provide personal data, and such data are processed by the Clinic solely for the purpose of fulfilling the contract or a statutory obligation, the provisions of the aforementioned legal act do not apply.
  5. The Clinic has appropriate human capital with the necessary authorizations, qualifications, and experience, which guarantees the proper provision of the services.
  6. The Clinic has third-party liability insurance for the entity performing medical activities.

§ 2. TECHNICAL REQUIREMENTS

  1. To use the Website properly, the Patient shall have the following:
    a) terminal device with Microsoft, Android, or IOS operating system and access to a web browser (e.g., Chrome, Safari, Microsoft Edge, Firefox, Opera);
    b) access to the Internet;
    c) e-mail account.
  2. The connection to the Service is encrypted by a digital certificate.
  3. The Patient shall provide themself with appropriate technical equipment. The Clinic is not liable for non-performance or improper performance of the services due to the Patient’s failure to meet requirements set out in Section 1 above.
  4. All costs resulting from using electronic means necessary to use the services shall be borne solely by the Patient according to the price list of the operator providing telecommunications services to the Patient.

§ 3. RULES OF THE USE OF THE WEBSITE

  1. The Patient is prohibited from misusing electronic means of communication and publishing any illegal content, especially content that violates the law, personal rights, or intellectual property of third persons or causes overloading or malfunctioning of the Website.
  2. The Clinic is not responsible for any content introduced to the Website by the Patient or third party or any damages resulting from such actions. If the Clinic obtains information about the illegal character of the content published on the Website by the Patient, adequate measures to deny access to such content or Patient access to the Website can be taken. The Clinic is not liable to the Patient for damages resulting from the actions referred to in this Section 2.

§ 4. FUNCTIONING OF THE WEBSITE

  1. All rights to the Website and its content, including rights to publications, trademarks, descriptions, texts, graphics, charts, photos, or videos, is vested in the Clinic or entities bound with the Clinic with relevant agreements and are protected under the Act of February 4, 1994, on Copyright and Related Rights or the Act of June 30, 2000, Industrial Property Law. Downloading or printing this content is permitted only under the conditions specified in the provisions of applicable law.
  2. The Clinic reserves the right to perform service works on the Website. If possible, service works will be performed on dates and in the most convenient manner for Patients.
  3. The Clinic reserves the right to make changes in the content or technical parameters of the Website, temporarily or permanently limit the availability of the Website, or withdraw the Website without prior notice to Patient.
  4. For technical support, the 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. Technical support is available during the operation hours of the Clinic specified on the Website.
  5. The Clinic is not liable for non-performance or improper performance of the Website, interruptions in the operation of the Website caused by acts or omissions of the Patients, third person, circumstances which cannot be predicted, avoided, or eliminated, or force majeure.

§ 5. TERMS AND CONDITIONS OF SERVICES

  1. Services are provided on the terms and conditions set out in these Terms and Conditions and relevant laws.
  2. Services are provided in compliance with applicable medical standards, current medical knowledge, available methods and measures of prevention, diagnosis, and treatment of diseases, and professional ethics, with the utmost care, quality, and in accordance with all applicable regulations, as well as with respect for the rights of the Patient.
  3. The services are provided by the Clinic's Physicians or administrative staff.
  4. While accessing the services, Patients have all rights set out in relevant laws, including the Act of November 6, 2008, on Patients' Rights and the Patients' Ombudsman. The list of Patients' rights is available at the Clinic's premises (registration desk) and in electronic form upon request.
  5. The Patient is solely responsible for non-performance or improper performance of the service resulting from failure to meet the requirements set forth in this Terms and Conditions.

§ 6. SCOPE OF SERVICES

  1. The Website enables Patients to request a prescription or make a doctor's appointment at the Clinic's premises.
  2. Prescription ordering service is available only to those Patients who are already registered (with a Patient's card) and have been assigned an attending physician. The prescription can refer only to medicinal products taken by the Patient regularly, the use of which is documented in the Patient's medical records. In other cases, and when it results from regulations, the Clinic may refuse to issue a prescription. Prescriptions for benzodiazepine medicinal products and opioids cannot be ordered through the Website.
  3. The order for a prescription is done by completing and submitting an appropriate form in the tab "Order a prescription" ["Zamów receptę"] available on the Website, by clicking the "Send message" ["Wyślij wiadomość"] tab.
  4. Prescription ordering service is provided against payment of 60,00 PLN for each prescription. The payment can be made by bank transfer to the Clinic's bank account indicated in the tab "Order a prescription" ["Zamów receptę"]. In case of selection of this form of payment, after payment, confirmation of payment should be sent by e-mail to rejestracja@klinikaflebologii.pl.
  5. The Patient can pay for the prescription electronically by online bank transfer or debit card using Przelewy24 service provided by PayPro S.A. The service is available to Patients with an access to electronic banking services and who have an open bank account or debit card in a bank plugged in Przelewy24 service. In case the Patient selects Przelewy24 service, the Patient is required to make the payment according to the instructions displayed after using the appropriate link.
  6. Prescription is electronic and can be filled at any pharmacy upon providing the pharmacist with the PESEL No. of the Patient and prescription code. The prescription code is sent by text message to the phone number specified by the Patient in the Patient's card being a part of medical records.
  7. The Patient agrees to the immediate commencement of performance of the prescription ordering service by clicking the appropriate box when placing the order. The Patient acknowledges that if they give the consent referred to in the preceding sentence after the prescription has been issued, they have no right to withdraw from the contract.
  8. If the consent is granted as referred to in Section 7 above, the prescription is issued within 3 business days after receiving the payment confirmation from the Patient (if the form of payment referred to in Section 4 is selected) or – in case of payment through Przelewy24 – after crediting the amount for the service in the Clinic's bank account.
  9. If the Patient does not grant the consent as referred to in Section 7, the Patient shall have the right to withdraw from the contract for the prescription order service within 14 days from the date of placing the order. However, in this case, the prescription ordering service will be commenced after the expiration of the withdrawal period, which means that the prescription will be issued no earlier than 14 days after the date of the order, in any case after receiving due payment of the price. The Patient may agree to start the service before the end of the withdrawal period at any time after submitting the order.
  10. The Patient may submit a statement of withdrawal from the contract through the Service or by email.
  11. The Website provides access to stationary appointment booking services. Stationary appointment booking is made by using the "Make an appointment" ["Umów wizytę"] tab, which is available on the main page of the Website.
  12. Patient books a stationary appointment by the electronic message sent to the address indicated in the "Make an appointment" ["Umów wizytę"] tab. The letter should contain the Patient's identification data, especially phone number. Additionally, the Patient can indicate a Physician of their choice and proposed dates for the appointment. The Clinic contacts the Patient to determine or confirm the details of the Physician with whom the appointment is to take place and its date. The appointment is considered accepted when the confirmation is communicated to the Patient by the Clinic.
  13. Stationary appointment booking is free of charge. The Patient pays the price of the appointment and health care services provided following the Clinic's price list of health care services, which is available on the Website.
  14. The Clinic may require a pre-payment for the stationary appointment. The amount and terms of pre-payment are specified in the organizational regulations of the medical entity, available (excerpt) on the Website in the "Terms and Conditions" ["Regulaminy"] tab.
  15. The Patient makes the required pre-payment at the Clinic's premises, by traditional bank transfer to the bank account indicated by the Clinic or electronically in the form of online transfer or debit card through Przelewy24 service, which is owned by PayPro S.A.
  16. The online payment service Przelewy24 is available to Patients with an access to electronic banking services and who have an open bank account or debit card in a bank plugged in Przelewy24 service. In case the Patient selects Przelewy24 service, the Clinic sends the Patient an e-mail with a link redirecting to online payment. The e-mail is sent to the Patient to the e-mail address indicated by the Patient in the Patient's card being a part of medical records. The Patient is required to make the payment according to the instructions displayed after using the link.
  17. In the event of pre-payment by traditional bank transfer, the Patient is obliged to send the payment confirmation by e-mail to rejestracja@klinikaflebologii.pl.
  18. A Patient's failure to pre-pay is considered a resignation from the service.
  19. The stationary appointment booking service is provided during the Clinic's opening hours.
  20. The terms and conditions of cancellation of a booked appointment are specified in the organizational regulations of the medical entity, available (excerpt) on the Website in the "Terms and Conditions" ["Regulaminy"] tab. In the event resulting in the Clinic's obligation to refund the amounts paid by the Patient, including the deposit or preparation fee, the due payment will be refunded immediately in the form in which the Patient made the payment. If payment is made at the Clinic, the refund will be made to the account number indicated by the Patient.

§ 7. DATA PROTECTION

  1. The Controller of personal data processed in the course of providing Services specified in the Terms and Conditions is the Clinic.
  2. The Clinic appointed 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, the electronic version of which is available on the Website under "Personal Data" ["Dane osobowe"] tab.
  3. The Clinic process personal data for the following purposes:
    a) stationary appointment booking (Article 6 (1) (b) of the GDPR in connection with the Act of November 6, 2008 on the rights of patients and the Patient's Rights Ombudsman and the Act of April 15, 2011 on medical activities), which concerns the identification data. Such data is stored dot the period from receiving the appointment form to the provision of health services on the day of the stationary visit, if the medical service is not provided for a period of up to 30 days from the planned date of the visit;
    b) providing the Patient with prescription order form service, which is available on the Website, i.e., under Article 6(1)(b) of the GDPR (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract), Article 6(1)(c) of the GDPR (processing is necessary for compliance with a legal obligation to which the Controller is subject), and with respect to special categories of personal data (sensitive data), and Article 9(2)(h) of the GDPR (processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3). On this basis, the Clinic processes the following data: name and last name, Personal Identification No. (PESEL), as well as health data relating to the medicinal products taken by the Patient. The data mentioned above will be processed for the archiving period of the 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;
    c) transfer of data to the payment services provider due to providing online payment infrastructure, handling and settlements of online payments made by the Patients using electronic payment instruments, monitoring the proper performance of the contracts concluded with the Controller, in particular protection of payers’ interests in connection with their complaints, i.e. under Article 6(1)(f) of the GDPR (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 Patient's or payer's identification and financial data, which will be processed no longer than until the statute of limitations for possible claims;
    d) conducting correspondence with Patients, including via the contact form, archiving correspondence, and considering complaints, i.e., under Article 6(1)(f) of the GDPR (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 following data: name and last name, e-mail address, phone number, and other personal data indicated in the correspondence addressed to the Clinic; the data will be processed until the need to contact ceases, no longer than for three months since that contact has ceased;
  4. The Clinic preserves the confidentiality of personal data and secures them against unauthorized access by third parties following rules specified in applicable regulations.
  5. The data subject has the right to access their personal data, to the rectification of any information they believe is inaccurate (correction), to the completion of the information they believe is incomplete, to the erasure and the restriction of processing of their personal data, to data portability, as well as the right to obtain a copy of their data, right to object to the processing of their personal data, and if they believe that processing of their data violates legal provisions – to complain to the competent authority, that is President of the Personal Data Protection Office (ul. Stawki 2, 00-193 Warszawa). A complete list of the rights of an individual whose data is processed by the Clinic is available on the Website under the "Personal Data" ["Dane osobowe"] tab, sub-page "List of Rights" ["Wykaz praw"].
  6. Personal data may be transferred to employees and associates of the Clinic, i.e., to people with whom the Clinic cooperates in business activity, external service providers, i.e., entities whose services are used by the Clinic to process personal data, such as IT or payment services providers, as well as other independent recipients, i.e., entities processing data on behalf of the Clinic on the basis of a data processing agreement, institutions authorized to control the Clinic's activities or entities entitled to obtain personal data pursuant to separate regulations.
  7. Where the processing of personal data is based on consent, providing the data is voluntary. However, refusal to grant consent to the processing of personal data may result in the refusal to provide the service or take other action. Providing personal data is mandatory if the processing is based on the legal provision or an agreement concluded between the parties.
  8. The complete text of the clause on the protection of personal data is available on the Website under the "Personal Data" ["Dane osobowe"] tab.

§ 8. COMPLAINTS

  1. The Patient is entitled to submit a complaint regarding the functioning of the Website or the services provided by the Clinic via the Website.
  2. A complaint may be submitted in writing by sending it to the Clinic's address or by e-mail at rejestracja@klinikaflebologii.pl.
  3. The complaint shall indicate the Patient's contact details, in particular the name, mailing, or e-mail address, the subject of the complaint and explanation of the reason for the complaint, Patient's allegations and requests. In the absence of any of the above mentioned information, the complaint will not be considered.
  4. The Clinic considers the complaint within 30 days of receipt of the complete and correct complaint. The Clinic informs about the decision in the same form as requested.

§ 9. FINAL PROVISIONS

  1. These Terms and Conditions are available in electronic form on the Website. The Terms and Conditions may be downloaded, fixed, or printed.
  2. The Clinic reserves the right to change the Terms and Conditions at any time and its sole discretion and to issue additional regulations governing the provision of services. The Terms and Conditions are changed by publishing new Terms and Conditions on the Website. The amendment shall be effective from the date of its publication.
  3. The Clinic reserves the right to issue additional terms and conditions or other acts regulating rules of performance of certain services. Information on additional terms and conditions will be available on the Website.
  4. All disputes arising from or connected to these Terms and Conditions shall be settled in accordance with Polish law.
  5. In matters not covered in the Terms and Conditions, polish and European law shall apply. This applies especially to the provisions of Civil Code, the Act of December 5, 1996 on the professions of doctor and dentist, the Act of July 18, 2002 on the provision of electronic services, the Act of November 6, 2008 on the rights of patients and the Patient's Rights Ombudsman, the Act of April 15, 2011 on medical activities, GDPR, and the regulation of the Minister of Health of April 6, 2020 on the types, scope, and designs of medical documentation and the method of its processing.
  6. In case of questions regarding the operation or use of the Website, the user can contact the Clinic by e-mail at: rejestracja@ klinikaflebologii.pl.
  7. The Terms and Conditions shall become effective upon February 1, 2024.