REGULATIONS FOR THE PROVISION OF ONLINE NEUROLOGICAL ADVICE AT NEUROMAG | NEUROMAG

REGULATIONS FOR THE PROVISION OF ONLINE NEUROLOGICAL ADVICE
AT NEUROMAG

§1

1. The terms used in these Regulations mean:
   • Neuromag - Zakład Lekniczo-Diagnosyczny Diseases of the Nervous System Neuromag limited liability company with its registered office in Pszczyna at 27B Ogrodowa St.
   • Patient – a natural person, including a minor, who uses health services at Neuromag as part of the Online Neurological Consultation.
   •Regulations - these regulations.
   • Providing online advice - each time a medical doctor.
   • Online neurological advice - medical advice as an outpatient health service provided by Neuromag to the Patient at a distance, without a direct physical examination, by means of a message that is entirely broadcast, received or transmitted via ICT systems or communication systems (in the form of an e-mail or phone call).
   • Agreement - an agreement for the provision of a health service in the form of online neurological advice.
2. The following legal acts apply in particular to the regulations:
3. The Regulations are made available free of charge on the Neuromag website in a way that enables the acquisition, reproduction and recording of its content.
4. By accepting the Regulations, the Patient takes into account the fact that the services are provided by means of electronic communication, and if the Patient provides a telephone number - also telephone communication conducted by Neuromag in order to provide the telemetry service and to provide information about changes to the Regulations.
5. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.

§2

ICT systems or communication systems through which Neuromag provides online advice

1. The basic form of communication is telephone communication, an alternative form is e-mail contact.
2. The person providing online advice each time decides on the form of contact, taking into account the available possibilities both on the part of the Patient and himself.

§3

Rules for providing neurological advice online

1. Online neurological advice is provided only for the assessment of the spine.
2. Online advice consists of two stages:
   • initial, consisting in filling out the form by the Patient on the "Ask an expert" page and contacting the Patient back, this is the stage of verifying whether the Patient qualifies for advice, free part,
   • proper, here the Patient's condition is discussed, his test results, subjective examination, doctor's recommendations and other as needed, paid part.
3. The time to answer an inquiry from the "Ask an expert" form should not exceed 7 days. The duration of the proper stage depends on factors such as receipt of the CD with the tests for which the Patient has been asked, or receipt of the transfer confirmation. Usually, the waiting time also does not exceed 7 days from the moment the patient meets the requirements. In exceptional situations, Neuromag reserves the right to extend the waiting time for the service.
4. Online neurological advice is provided only for a fee. The cost of advice after a positive, initial qualification by an authorized person is PLN 150 gross, payable by bank transfer to the PKO bank account: 35 1020 2528 0000 0002 0463 2149, title: Medical benefit.
5. In the case of a request to send additional tests to the address provided, the costs are borne by the Patient. All forms of shipping are acceptable, which ultimately deliver the package to the address indicated by the doctor. Parcels delivered to collection points (e.g. Orlen parcel, parcel lockers) are not respected.
6. If the required tests are on the CD in this form, they should be sent. Flash drives and other forms are not acceptable due to the resulting difficulties in reading. Neuromag does not send the plates back to the Patient after the service has been performed.
7. Terms of use for online advice:
   • complete the “Ask an expert question” form,
   • qualified by an authorized person,
   • acceptance of the provisions of the Regulations,
   • making payment for the service
   • sending a CD with the test to the indicated address (in certain cases, other data carriers are not acceptable).

§4

Required data and responsibility of the Patient

1. When filling in the "Ask an expert" form, the Patient provides the following data that are necessary to provide advice:
   • first name and last name
   • age
   • Phone number
   • Address e-mail
   • description of the problem
2. When sending the form, the Patient is required to read the regulations along with the information clause and the privacy policy.
3. The contract is considered concluded when the Patient sends the form.
4. The patient is obliged to provide truthful, accurate and current data, not misleading and not infringing the rights of third parties.
5. The patient is solely responsible for the content of the data provided by him, as well as for the e-mail address provided and for any infringement of the rights of third parties in connection with the provided telephone number and e-mail address. Neuromag informs that all content sent from the indicated e-mail address will be assigned to the Patient.
6. Neuromag reserves the right to limit the User's rights in the scope of using the Online Neurological Consultation service in the event of a breach of the Regulations by the Patient, in particular if the Patient:
   • provides false data in the form or in the further part of the service;
   • violates the rights of third parties through the form or further part of the service;
   • engages in other behaviors objectively considered reprehensible, inconsistent with applicable law and/or general principles of using the Internet, or behaviors contrary to the objectives of the Service Provider's activity or detrimental to the good name of Nauromag.
7. A patient who has been deprived of the right to use the service may not resend the form without the prior consent of Neuromag.
8. Neuromag reserves the right to send transactional and information messages related to the functioning and provision of medical services, including information about updates or changes to the Regulations, to the e-mail address and telephone number provided by the Patient when sending the form..

§5

Payments and invoices

1. Payment for online neurological advice takes place after the initial verification and qualifying the Patient to the proper stage of the advice, and before its implementation. Each time the patient is informed whether he/she has been qualified by an authorized person.
2. Payment should be made by bank transfer to the PKO bank account: 35 1020 2528 0000 0002 0463 2149, title: Medical benefit and provide confirmation of the transfer.
3. The fee for online neurological advice is PLN 150 gross.
4. Lack of payment before the beginning of the relevant part of the advice is the basis for not providing it, and is tantamount to the Patient's withdrawal from the Agreement.
5. If the Patient wants to receive an invoice, he/she is obliged to report it after receiving information about the qualification to provide online neurological advice.

§6

Conclusion, performance, termination and resignation

1. The contract for the provision of the online neurological advice service between the Patient and Neuromag is considered concluded at the moment of sending the completed form "Ask an expert".
2. Neuromag provides a website without defects.
3. The agreement between the Patient and Neuromag is valid until the service described in the Regulations is provided, the service is refused in accordance with the provisions of the Regulations or the Patient resigns in accordance with the Regulations. The Patient is entitled to terminate the Agreement for the provision of electronic services at any time before making the payment and up to 48 hours after making it, which has the effect of terminating the Agreement with immediate effect. Termination of the Agreement takes place by submitting a statement to the e-mail address: neuro@neuromag.med.pl. The contract for the provision of electronic services expires at the moment of submitting the statement (i.e. sending the Service Provider by e-mail information about resignation).
4. It is forbidden for persons using the service described in the Regulations and the website, including the Patient, to provide unlawful content.
5. Neuromag informs the Patient, at his request, in the form chosen by him, about specific risks related to the use of services in the digital environment, including in particular in connection with the website.
6. The patient has the right to resign from the service within 48 hours of making the transfer. Neuromag shall immediately inform about the resignation by e-mail neuro@neuromag.med.pl or by contacting by phone at 668 485 964.
7. If the Patient submits his resignation meeting the above conditions, he is entitled to a refund of the amount paid.
8. In the event that providing advice is not possible or the waiting time for the implementation of the proper stage after meeting the requirements of the Patient would be significantly longer than 7 days, Neuromag shall immediately inform the Patient. In this case, the Patient has the right to withdraw from the Agreement and return the amount transferred.

§7

Implementation of the online neurological advice service

1. The form is implemented in accordance with §2 section 1 and 2.
2. An authorized person contacts the Patient normally within 7 days between 9:00 and 17:00 on weekdays, unless the Patient indicated the preferred contact hours in the form. In this case, the person authorized to qualify tries to provide the service at the hours preferred by the Patient. All details are then determined, i.e. the approximate time and day of the service by the doctor, payment information and the requirement to send additional tests, as well as others depending on the needs.
3. The person providing online advice makes three attempts at contact within the set time limit, at intervals of not less than 5 minutes. Failure to contact the Patient three times is tantamount to withdrawal from the Agreement.
4. Both the Online Advice Provider and the Patient should be located in such a place that third parties cannot hear the conversation or view its recording. The doctor is not responsible for the conditions on the part of the patient.
5. The person providing online advice verifies the Patient's identity in accordance with the information provided in the form or medical documentation in the event that the advice relates to a Patient who used Neuromag's services in the past.
6. The duration of the advice is not shorter than 15 minutes, adapted to the patient's needs and the content to be provided by the doctor.
7. Neuromag is not responsible for the accuracy of the data and information provided by the Patient.
8. In the case of minor Patients, the presence of the Patient's legal guardian is mandatory during the provision of the service.
9. The Online Neurological Consultation service is a health service. It cannot constitute a basis for the Patient to undertake health-related activities, in particular to undertake treatment or not to undertake it, use medications, etc. An answer to a question using the "Ask an expert" form is not treated as a medical diagnosis. In order to make a full diagnosis, a traditional medical visit to a Neuromag facility is necessary.

§8

Responsibility

1. Neuromag does not provide the Patient with any guarantee for the use of the "Ask a question to an expert" form.
2. 2Neuromag is solely responsible for the performance of the online neurological consultation, as well as for the recommendations provided to the Patient.
3. Neuromag is not responsible for:
   • providing by the Patient, when filling out the form and in the further stages of the Online Neurological Consultation, data inconsistent with the facts, incomplete or outdated, and for failure to update this data;
   • any damage caused by the violation by the Patient - in connection with the use of the Online Neurological Consultation - of the rights of third parties, in particular the rights of the Online Consultant, whose details are in the form and further stages of the Online Neurological Consultation;
   • damages resulting from disruptions in the operation of the form and the availability of forms of communication, as well as their unavailability, caused by reasons beyond Neuromag's control or which occurred as a result of events that Neuromag was unable to prevent;
   • any damage caused by the Patient's failure to comply with the provisions of the Regulations and the provisions of generally applicable law;

§9

Final Provisions

1. The patient has the right to file a complaint. The complaint should be submitted in writing to the address of Neuromag or via e-mail to the address neuro@neuromag.med.pl.
2. Complaints are considered within 7 days of their receipt.
3. In matters not covered by the Regulations, the provisions of generally applicable law shall apply.
4. The Regulations come into force on August 1, 2021
   
   

INFORMATION CLAUSE - PERSONAL DATA PROTECTION

1. The administrator of Patients' Personal Data that will be processed in connection with the provision of the service described in the Regulations is:
   • in the scope of Personal Data provided when filling out the form, necessary to conclude and perform the Agreement for the provision of the service described in the Regulations - Neuromag;
   • in the scope of Personal Data obtained as part of the implementation of the Agreement - Neuromag;
   • you can contact us: by post (sending correspondence to our address), by phone (tel.: 668 485 964), by e-mail (neuro@neuromag.med.pl).
2. Neuromag as the administrator of Personal Data, on the basis of the Patient's consent, makes them available to the Online Adviser. A detailed information message, prepared on the basis of art. 13 of the GDPR, on behalf of Neuromag, will be made available together with sending the form.
3. Neuromag, as the administrator of Personal Data, presents below the required information in accordance with art. 13 GDPR.
4. Neuromag as the administrator of Personal Data can be contacted at: 27B Ogrodowa St., 43-100 Pszczyna.
5. Patients' Personal Data will be processed by Neuromag:
   • in order to provide electronic services (including to mediate in the implementation of online neurological advice) - on the basis of the Agreement concluded between Neuromag and the Patient (Article 6(1)(b) of the GDPR);
   • in order to perform obligations under the law (including tax or accounting regulations) - on the basis of Neuromag's legal obligations set out in the provisions of generally applicable law (Article 6(1)(c) of the GDPR));
   • in order to ensure the accountability of the processing of Personal Data (including demonstrating that Personal Data is processed in accordance with the principles regarding the processing of Personal Data referred to in Article 5 of the GDPR) - on the basis of Neuromag's legal obligations set out in the GDPR (Article 6(1) of the GDPR) letter c of the GDPR);
   • in order to pursue claims and defend rights related to the business activity conducted by Neuromag - based on the legitimate interest of Neuromag, which is pursuing claims and defending its rights (Article 6(1)(f) of the GDPR).
6. Providing Personal Data by the Patient is voluntary, but failure to provide Personal Data necessary to complete the "ask a question to an expert" form by the Patient prevents the conclusion of the Agreement and thus the use of the service.
7. Personal Data will be stored by Neuromag for the following periods:
   • processing for the purpose of providing the service described in the Regulations - Personal Data will be stored for the duration of the services in accordance with the Regulations, but no longer than until the notice, expiry or termination of the Service Agreement or the limitation of claims, and in the scope of complaints, Personal Data will be stored for handling complaints, but no longer than until the final consideration of the Patient's complaint;
   • processing in order to perform obligations under the law - Personal Data will be stored for the time specified in the provisions of generally applicable law (Act of November 6, 2008 on Patient Rights and Patient Ombudsman);
   • processing in order to ensure the accountability of the processing of Personal Data - Personal Data will be stored for the duration of the services in accordance with the Regulations, but no longer than until the notice, expiry or termination of the Service Agreement or the limitation of claims;
   • pursuing claims and defending rights related to the business activity conducted by Neuromag - Personal Data will be stored for the duration of the Agreement, and then for the period of limitation of claims resulting from the relevant legal provisions.
8. The recipients of Personal Data will be Neuromag, Providers of online advice, as well as external entities providing supporting IT systems, providing services related to the current operations of Neuromag (accounting, taxes) - pursuant to relevant agreements entrusting the processing of Personal Data and ensuring that the above-mentioned entities use technical and organizational data ensuring adequate protection of Personal Data.
9. Personal Data will not be transferred by Neuromag outside the European Economic Area, to third countries or international organizations. Personal data may be transferred outside the European Economic Area, to third countries as part of the Service Provider's use of the services of entities providing IT solutions and systems, which entities may store Personal Data on servers located outside this area. The basis for such a transfer may be a decision of the European Commission stating an adequate level of protection or the application of appropriate legal safeguards, which are in particular standard contractual clauses for the protection of personal data, approved by the European Commission. In the event that the European Commission does not issue a decision stating an adequate level of protection or does not provide appropriate legal safeguards, Personal Data may be transferred to a third country on the basis of one of the premises listed in Article 49 para. 1 GDPR. The data subject has the right to obtain a copy of personal data and to obtain information about the place where data transferred to third countries are made available.
10. Each person whose Personal Data is processed has the right to:
    • request access to Personal Data concerning them;
    • requests for rectification;
    • requesting their removal;
    • requests to limit their processing;
    • object to the processing of Personal Data in the case of processing Personal Data based on a legitimate interest;
    • requests to transfer Personal Data.
11. Each person has the right to lodge a complaint with the UODO in connection with the violation of the principle of processing their Personal Data by Neuromag.

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