Terms and Conditions for provision of medical consultation services via telephone and internet

Terms and Conditions for provision of medical consultation services via telephone and internet by Rehasport Clinic sp. z o.o., Poznań

I.  General provisions. Definitions.

  1. The Terms and Conditions specify the principles and rules for performance of agreements for the provision of medical services in the scope specified in these Terms and Conditions via telephone and Internet means of communication by Rehasport Clinic sp. z o.o. in Poznań to Patients.
  2. Phrases used in the Terms and Conditions shall be understood as:
    1. Password - a phrase articulated verbally or in writing used to verify the Patient by the Specialist;
    2. Consultant - a person to whom the RSC has entrusted the handling of calls with the Patient (initial contact with the Patient) for the purpose of concluding the Service Agreement;
    3. Patient - the natural person for whom the Service is provided;
    4. RSC or Controller - Rehasport Clinic Limited Liability Company with registered office in Poznań, ul. Górecka 30, 60-201 Poznań, with its registered files held by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Economic Division of are in a National Court Register under KRS number: 0000240810, NIP (Tax number): 7811772289, REGON: 300124187;
    5. Terms and Conditions - these Terms and Conditions;
    6. Specialist - a doctor of a relevant specialisation or a physiotherapist who provides the Service to the Patient;
    7. Service - medical consultations performed by Rehasport Clinic sp. z.o.o. for the Patient remotely on the basis of medical history and medical documentation sent remotely by telephone or Internet means of communication in the form of: telephone consultation or video conversation;
    8. GDPR - 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 (Official Journal of the European Union Dz.Urz.UE.L No. 119, p. 1)
  3. The service is provided by Rehasport Clinic Limited Liability Company with registered office in Poznań, ul. Górecka 30, 60-201 Poznań, with its registered files held by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Economic Division of are in a National Court Register under KRS number: 0000240810, NIP (Tax number): 7811772289, REGON: 300124187.
  4. The service is addressed exclusively to natural persons residing in the Republic of Poland who have PESEL and NIP numbers.

II.  Information for users of the Service.

  1. The service is provided via standard telephone lines and (optionally) via the open Internet. The risk that the security of information transmitted over these links may be compromised by a deliberate and unlawful hacking attack cannot therefore be excluded. It is beyond the capabilities of the RSC to secure these links to exclude threats, but the IT system referred to in the fourth indent of point 18 and the internal security procedures of the RSC

 

limit the risk of a threat to situations of an incidental nature (low risk of security breaches).

  1. For the conclusion of the Service Agreement and for the performance of the Service the RSC uses lines with standard cost rates, typical for this type of connection.
  2. Electronic address of the RSC poznań@rehasport.pl
  3. RSC contact telephone number (+48) 616 281 181.
  4. E-mail address for complaints poznań@rehasport.pl
  5. In order to use the Service it is necessary for the Patient to have an active mobile phone with a feature to send text messages (SMS). In the case of the option to support services via the Internet and/or e-mail - it is necessary to have a computer with Internet access and/or access to e-mail with an active postal address (e-mail).
  6. It is prohibited for a patient to send information of an unlawful nature via the links referred to in section 10 to the RSC.

III.  Service Prices. Payment method.

  1. The price per Service is fixed and is as follows:
    Orthopaedic outpatient clinic, telemedicine PLN 185.00 gross

Orthopaedic outpatient clinic, telemedicine (discharge) PLN 90.00 gross
Orthopaedic outpatient clinic, telemedicine (presc.ription) PLN 90.00 gross
Rheumatology outpatient clinic, telemedicine PLN 120.00 gross
Neurological outpatient clinic, telemedicine PLN 170.00 gross

Paediatric outpatient clinic, telemedicine PLN 120.00 gross
Rehabilitation, telemedicine (Poznań) PLN 90.00 gross

 

Apart from the cost of any calls made by the Patient, the Patient shall not bear any other costs associated with the performance of the Service.

 

  1. The Patient is obliged to pay the amount of the Service Price in a non-cash form - by bank transfer to the RSC bank account within 3 days from the date of the sales invoice.
  2. The RSC shall issue a bill and send it to the Patient at the indicated e-mail address with the indication of the bank account number to which the Patient should make the payment, and in the absence of an e-mail address, the bill shall be sent to the Patient's address by post.

IV.  Conclusion of Service Agreement.

  1. The Service Agreement concluded is a distance agreement within the meaning of Chapter III of the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287).
  2. In order to conclude the Service agreement, the Patient shall make a telephone call to the RSC hotline number (+58) 616 281 181. The call from the RSC is then answered by the Consultant.
  3. Before establishing a conversation with the Patient, the consultant shall inform the Patient that the content of the conversation is recorded and that the hotline to which the Patient made the call serves to conclude and document remote agreements between the RSC and persons wishing to obtain medical advice. The consultant shall notify the patient that he/she will ask the patient for personal details

 

and the scope of the advice the patient would like to receive, and then shall ask whether the patient has understood the information and whether he or she agrees to the recording of the call, and informs him or her that if the patient does not agree to the recording the call may be terminated. If the Patient states that they have understood the content of the information and agree to the recording of the call, the Consultant shall ask the Patient for the following details of the patient:

  1. Have you already been a Patient of the RSC;
  2. Name and surname;
  3. Address of residence;
  4. Patient's age (date of birth);
  5. Correspondence address;
  6. Personal/National identification number (PESEL):
  7. Email address (if you have one) to which correspondence and bill should be sent.

The Consultant then determines the specialization of the doctor from whom the Patient is seeking advice. Wherever possible, the Consultant shall suggest the Patient the specialization of the doctor or physiotherapist.

After establishing the specialisation of a doctor or physiotherapist, the Consultant indicates the Patient the closest possible date for providing advice and specifies its type (Service) and makes sure that the date is accepted by the Patient; if it is not accepted, the Consultant sets another date with the Patient. The Consultant agrees with the Patient whether the Service will be provided via a telephone or a video connection. The consultant shall also establish

with the Patient as to whether the Patient would like to provide the Specialist with electronic files and, if the Patient responds positively, an invitation will be sent to the Patient's email address to upload the files via a web browser.

 

  1. In the conversation referred to in point 17, the Consultant shall ensure that the Patient has understood the content of the information:
  • informs the Patient that his/her rights are protected by the Act of 6 November 2008 on Patients' Rights and Patients' Rights Ombudsman (i.e. Journal of Laws of 2019, item 1127), including informing the patient that the Service is a health service, the Patient has the right to information about his/her health condition, all information he/she provides to both the Consultant and the Specialist is protected and confidential, including medical confidentiality, and that in connection with the performance of the Service, documentation will be drawn up which has the nature of a medical record to which the Patient has the right of access in accordance with the aforementioned Act;
  • informs that these Terms and Conditions can be found at  rehasport.pl and shall make sure the patient understands it; if the Patient is not familiar with the Terms and Conditions, the Consultant will talk to the Patient about the relevant elements of the Terms and Conditions and make sure that the Patient understands and accepts them.
  • informs the patient of the Service price and the method of payment for the Service and ensures that the patient accept those terms;
  • informs the Patient about the access data to the RSC IT system enabling communication and data transmission, including, if relevant, the e-mail address to which the Patient may send the documents necessary for the performance of the Service and, furthermore, informs about the prohibition on sending information of an unlawful nature via links;
  • sets a Password with the Patient in order to verify the Patient’s identity by the Specialist; the Password can include any type of character not exceeding eight characters (without Polish and special characters nor spaces). The password must not violate the personal rights of any person;
  • ascertains that the Patient gives consent to the Specialist to perform the Service, informing the Patient that such consent is equivalent to the Patient's consent to the provision of the health service in the form of medical advice;
  • agrees with the Patient how the conclusion of the Service agreement will be confirmed (e-mail or text message);
  • informs the Patient that he/she has the right to withdraw from the agreement within 14 days from the date of receipt of the confirmation of conclusion of the agreement, with the provision that if the Service is performed before this date, the Patient shall be obliged to pay the agreed amount of the Service Price in full;
  • informs the Patient that detailed conditions on withdrawal from the agreement for the provision of the Service and on the lodging of complaints are contained in these Terms and Conditions. In doing so, the Consultant shall clearly indicate that the Patient has the right to withdraw from the agreement within a period of 14 days from the date of receipt of the confirmation of conclusion of the agreement for the provision of the Service and that the right of withdrawal cannot be exercised if the Service has already been provided before that date;
  • informs the Patient that by using the Service, the Patient agrees that the information and statements provided by him or her as part of the Service with the Specialist will appear in the Patient's medical records and assures him or her that the Patient accepts these conditions.
  1. In the case of a Patient who does not have full legal capacity, the person taking part in the connection with the Consultant and the Specialist may only be his/her legal representative, actual guardian or the legal representative's proxy. In this case, the consultant shall instruct the legal representative that his/her presence at the performance of the Service (presence at the connection with the Specialist) is a condition for the performance of the Service.
  2. After the conclusion of the Consultant’s conversation with the Patient, the RSC immediately sends the Patient information containing confirmation of the conclusion of the Service agreement to the e-mail address (e-mail) or to the telephone number (SMS message) in case there is no e-mail address - as agreed by the Patient with the Consultant. The information should include:
    1. The date and time of the Service (date and time) with information that the Patient should expect a call on the telephone number indicated by him/her on that date;
    2. Gross price of the Service;
    3. Notification that detailed information concerning the performance of the Service is contained in these Terms and Conditions with an indication of where they are published.

III.  Detailed technical requirements

  1. In order to use the Service, the Patient is required to have equipment that meets the following technical requirements, necessary to carry out the Service:

- an active mobile phone capable of making voice calls and sending text messages (SMS).

  1. In order to use the Service in the form of video call, the Patient is also required to have an Internet enabled computer with the Chrome browser and a device enabling voice call and viewing the caller via a webcam.

 

  1. In order to use the option of sending messages by e-mail, the Patient is obliged to have an active electronic e-mail address (e-mail) and a computer referred to in point 22.
  2. The options indicated in points 22 and 23 require active Internet access.
  3. The RSC has no control over and assumes no responsibility for the quality of the internet connection used for video chat, in the event of a drop in connection quality it may be necessary to complete the Service via a telephone connection.

IV.  Performance of the Service

  1. The Specialist establishes a connection with the Patient in the manner and at the time agreed between the Patient and the Consultant. Failure by the Patient to answer the call within the specified time is tantamount to the Patient resigning from the service. Cancellation of the Service shall not entail any obligation on the part of the Patient to pay any costs relating to the service.
  2. The specialist verifies the identity of the Patient by requesting his/her first name, surname and Password.
  3. After verifying the Patient's identity, the Specialist makes sure that the Patient consents to the Service (Patient Consent).
  4. The Service shall be performed by means of a dialogue and an interview with the Patient conducted during the conversation. the Service may be supported by data sent by the Patient in electronic form.
  5. On completion of the service, the Specialist shall draw up information for the Patient and (if applicable) issue a presc.ription, giving the presc.ription details to the Patient and instructing the Patient on how to provide the information and data in accordance with point 31 below.
  6. The information and data indicated in point 30 shall be sent electronically to the Patient, and if it is not possible to send them electronically, they shall be left for collection by the Patient at the RSC premises.
  7. The duration of the Service should not exceed 20 minutes. The Specialist may extend the duration of the Service if this is necessary for its proper performance. The extension of the Service duration does not affect the price of the Service.
  8. The Patient, by using the Service, agrees that the information and statements provided by him or her as part of the Service with the Specialist will appear in the Patient’s medical records.
  9. The RSC maintains the Patient’s medical records in accordance with the provisions set out in the legislation.
  10. The Patient is obliged, at the time of the Service, to provide the Specialist with full and complete information concerning the state of his/her health and any circumstances which may have a significant impact on the provision of the Service.
  11. The Patient is solely responsible for providing false information or withholding information that may have a significant impact on the provision of the Service.

V.  Withdrawal from the Agreement

  1. The Patient shall have the right to withdraw from the Service Agreement within 14 days of receiving confirmation of the conclusion of the Service Agreement in accordance with point 20.
  2. An example of a Patient’s statement of withdrawal from an agreement for the provision of a Service reads:

 

“Withdrawal from the agreement

I hereby inform that I withdraw from the agreement for the provision of services - medical consultation concluded remotely with Rehasport Clinic spółka z o.o. in Poznań, the conclusion of which was confirmed to me on ................

City ......................... date ...............................address ..................................

Legible signature”

 

  1. If the Service has already been provided before the expiry of the withdrawal period, the Patient may not withdraw from the agreement and refuse to pay the agreed price for the Service. The RSC may not, however, require the Patient to pay any costs associated with the withdrawal other than the amount of the Service price, insofar as it has already been performed.
  2. The Patient may send his/her withdrawal from the agreement in any form so that it reaches the RSC and he/she is able to document the fact of making this withdrawal (including registered letter, e-mail).

VI.  Medical records and personal data protection

  1. The RSC maintains the Patient’s medical records in accordance with provisions of the law.
  2. The patient has the right of access to medical records under the terms of the applicable legislation, in particular the Act on Patient Rights and Patient Ombudsman (Journal of Laws 2019, item 1127).
  3. The Controller of the Patient's personal data is Rehasport Clinic sp. z.o.o. with its registered seat in Poznań.
  4. The Patient’s personal data are processed in accordance with the Terms and Conditions, applicable laws, in particular the GDPR and the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws of 2020, item 344). The Patient's personal data is processed for the purposes of:
  • establishment, formation of the content, modification or termination of a agreement for the provision of a telemedicine service. The legal basis for the processing of personal data in this regard is Article 18 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2020, item 344), and Article 6(1)(b) of the GDPR;
  • to establish and assert their own claims or defend themselves against claims made. The legal basis for processing personal data in this regard is the legitimate interest pursued by the Controller, i.e. Article 6(1)(f) of the GDPR;
  • in connection with the provision of the telemedicine service, the Controller may process personal data of a special category of the Patient. The legal basis for processing personal data in this regard is Article 9(2)(h) of the GDPR;
  • to comply with legal obligations incumbent on the Controller. The legal basis for processing personal data in this regard : Article 6(1)(f) of the GDPR.
  1. Personal data will be stored by the Controller:
    1. in connection with the conclusion and performance of the agreement, for the duration of the agreement, and after its expiration, termination or withdrawal from the agreement, for the period required by generally applicable law and the period necessary to establish and assert one's own claims or to defend against asserted claims.

 

  1. In terms of fulfilling legal obligations incumbent on the Controller, data will be stored for the period required by law.
  1. Personal data can be transferred and shared by the Controller:
    1. to entities processing personal data on behalf of the Controller on the basis of an agreement concluded with the Controller for the entrustment of personal data processing (processing entity),
    2. entities entitled to obtain data on the basis of applicable laws,
    3. public authorities and bodies performing public tasks or acting on commission from public authorities, to the extent and for the purposes arising from generally applicable legislation.
  2. Provision of personal data by the Patient is voluntary, nevertheless it is necessary for the proper implementation of the Telemedicine Advice Service and results from the Act of 6 November 2008 on Patient's Rights and Patient's Rights Ombudsman (Journal of Laws of 2019, item 1127) and the Act of 18 July 2002 on Provision of Electronic Services (Journal of Laws of 2020, item 344).
  3. The Patient's personal data is not subject to automated decision-making, including profiling.
  4. The patient may exercise the following rights:
    1. the right to request access to and rectification of his/her personal data,
    2. the right to restrict the processing of its personal data in the situation and under the conditions indicated in Article 18 of the GDPR or to have it deleted in accordance with Article 17 of the GDPR.
    3. the right to transfer the personal data in accordance with Article 20 of the GDPR
    4. the right to object at any time to the processing of personal data on grounds relating to his/her particular situation, as referred to in Article 21(1) of the GDPR.
    5. the right to lodge a complaint with the supervisory authority dealing with personal data protection.
  5. In order to exercise the above rights, as well as to obtain additional information, the Patient may contact the Data Protection Officer by e-mail at iod@rehasport.pl or by mail to the registered address of Rehasport Clinic sp. z o. o.

 

VII.  Complaints

  1. If the Patient considers that the way in which the Service is provided does not comply with the rules laid down in the contract for the provision of the Service or by law, they may lodge a complaint.
  2. A complaint should be made in Polish in writing, otherwise invalid, with a concise statement of the reasons for the complaint and delivered to the RSC by registered letter or by e-mail (an e-mail to the e-mail address indicated in point 9 of the Terms and Conditions.
  3. The RSC shall respond to the complaint within 30 days. Failure to reply to a complaint within this period shall be deemed to be an acknowledgement of the complaint.

 

VIII.  Final provisions

 

  1. The court competent to settle any disputes arising between the RSC and the Patient in connection with the interpretation or performance of the Service Agreement shall be the common court competent for the Patient's place of residence.
  2. In matters not regulated by the Terms and Conditions, provisions of Polish law shall apply, including the provisions of the Civil Code and the acts specified in point 18, first indent, point 44 and the regulation specified in point 44.
  3. These Terms and Conditions are published by posting them on the RSC website rehasport.pl
  4. The RSC reserves the right to make changes to the Terms and Conditions. Amendments to the Terms and Conditions may not relate to agreements for the performance of Services already concluded prior to the date of amendment of the Terms and Conditions.