RULES OF OPERATION OF ADVICE.ME
1. INTRODUCTORY PROVISIONS
- The ADVICE.ME Service is an online service through which an individual evaluation of the Client’s health problems (back pain) is performed in the manner and under the conditions set forth in these Rules of Operation and within the scope of the selected Tariff.
- The Rules of Operation regulate the functionalities, rules, principles, rights and obligations of Clients within the ADVICE.ME Service.
2. PURPOSE AND OBJECTIVE OF THE ADVICE.ME SERVICE
- The aim of the ADVICE.ME Service is to processing an analysis of the Information entered by the Client in the Form, with the purpose of evaluating health data related to back pain, whether the Client is (i) acute with a treatment plan for intervention therapy, (ii) non-acute with a treatment plan for intervention therapy, (iii) acute with a referral for treatment with an alternative specialist, and (iv) non-acute with a referral for treatment with an alternative specialist, as well as a presentation of the potential risks and illnesses related to the symptoms and predispositions listed by the Client in the Form, or related to the Information evaluated via the Report.
When providing the ADVICE.ME Service, the data and information about Clients that have been entered into the Form are collected and processed, which may also include, in the case of the relevant Tariff, information falling under the Special Category of Personal Data.
- The aim of the ADVICE.ME Service is, among other things:
- a detailed medical history to determine a relevant treatment plan;
- definition of possible sources of pain;
- a recommended treatment plan for each of the possible sources of pain;
- promotion of a healthy lifestyle and disease prevention;
- warning of potential risks arising from the Client’s symptoms.
3. DEFINITION OF KEY TERMS
- For the purposes of these Rules of Operation, the following capitalised terms used in these Rules of Operation shall have the following meanings, unless their content indicates otherwise:
|Personal Data Editing
|means the modification of Personal Data or Information entered by the Client into the Form, according to the terms and conditions set forth in the Rules of Operation. In this case, the Provider shall keep a history of the entry of the Personal Data;
|means the price list for the ADVICE.ME Service published on the website at www.advice.me;
|means the form via which the Client sends the Information required to process the Report and provide the ADVICE.ME Service;
|means the health information and documents entered once by the Client via the Form about their symptoms and predispositions at the conclusion of the Contract for the Provision of Services, which serve to provide the ADVICE.ME Service and subsequent processing of the Report;
|means a person interested in the provision of the ADVICE.ME Service, who has concluded a Contract for the Provision of Services with the Provider, i.e. a natural person over 18 years of age, fully capable of legal actions, who is provided with the ADVICE.ME Service for purposes not related to their economic or professional activity, but to obtain the Report for themselves (consumer);
|Disposal of Personal Data
|means an irreversible operation that eliminates the Personal Data from active processing by the processor or another processor authorised by the former. The result of Disposal of Personal Data is data that cannot be permanently and invariably used in the future to identify a natural person and cannot be directly or indirectly associated with an identified or identifiable natural person, using any means that can reasonably be used by the Provider or any third party;
|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);
|means a person who has a medical background and who prepares / completes / corrects / edits the Report;
|includes all information about an identified or identifiable natural person, where an identifiable natural person is a natural person that can be directly or indirectly identified, in particular with reference to a specific indicator, e.g. their name, location data or one or more particular elements of the physical, physiological, genetic, psychic, economic, cultural or social identity of the natural person.
|means the company EPC Healthcare Al s.r.o., ID No. 118 42 946, registered office at Durďákova 336/29, Černá Pole, 613 00 Brno, incorporated in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 124992;
|Rules of Operation
|means this document, which provides all the relevant information on the processing of Personal Data and other information of the Website user, in accordance with legal regulations. The current version of the Rules of Operation is always available on the website www.advice.me; the Provider is authorised to amend these Rules of Operation at any time within the meaning of Article 8.2 of the Rules of Operation, especially in relation to organizational changes within the ADVICE.ME Service;
|means the output that the Client receives when ordering the ADVICE.ME Service in the given Tariff in the form of a PDF file processed on the basis of analysing the Information entered by the Client in the Form, with the purpose of evaluating health data, presenting the potential risks and diseases related to the symptoms and predispositions specified by the Client in the Form, respectively related to the Information. It summarizes information about the Client’s current medical condition related to back pain; the Report is not and does not replace a medical diagnosis or medical consultation;
|means the provision of an individual evaluation of the Client’s health problems in the manner and under the conditions set forth in the Rules of Operation and to the extent of the Tariff chosen by the Client. The ADVICE.ME Service may also include the provision of other additional services, the terms of which are set forth in the specific terms and conditions of the additional services and the price list of the additional services available on the website www.advice.me;
|Contract on Provision of Services
|means a contract concluded between the Client and the Provider, the subject of which is in particular the Provider’s obligation to provide the ADVICE.ME Service to the Client and the Client’s obligation to pay the agreed price to the Provider;
|means a contract for cooperation and processing of Personal Data concluded by the Provider with the Expert and/or an employee of the Provider;
|Machine Analysis (AI)
|means an analysis performed by a machine/software and based on a database of anonymised data of real individuals (patients) treated in a network of medical facilities: EuroPainClinics Praha a.s., Antala Staška 1859/34, 140 00 Praha 4 – Krč, IČO: 248 53 691; EuroPainClinics Brno a.s., Viniční 4049/235, Židenice, 615 00 Brno, IČO: 241 52 251; EuroPainClinics Hradec Králové, Jana Černého 545/48, Věkoše, 503 41 Hradec Králové, IČO: 084 97 443; EuroPainClinics Ostrava, Zdeňka Chalabaly 3041/2, Bělský Les, 700 30 Ostrava, IČO: 078 18 891; R-clinic s.r.o., Na Hradbách 3683/3, Bardejov 085 01, IČO: 44 574 428, R-clinic s.r.o., Na Hradbách 3683/3, Bardejov 085 01, IČO: 44 574 428. providing diagnosis and therapy for back pain using neurointerventional procedures;
|means the tariffs for the ADVICE.ME Service specified in more detail in the Price List;
|means the website www.advice.me, which consists of an interactive computer program that is the subject of a licence; the Website constitutes a separate website, but is linked to other websites operated by the Provider;
|Special Categories of Personal Data
|pursuant to Article 9(1) of the GDPR, this category of Personal Data includes data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and genetic data, biometric data, health data, data about the sex life or sexual orientation of a natural person. Only genetic data, biometric data and health data are used for the ADVICE.ME Service;
|Disclosure of Client Data
|means any operation or set of operations which results in the Personal Data of the Client being made available to an authorised person;
4. GENERAL RIGHTS AND OBLIGATIONS OF THE PROVIDER WHEN PROCESSING PERSONAL DATA
- The ADVICE.ME Service Provider:
- processes only complete and accurate Personal Data that it has obtained in accordance with generally applicable legal regulations and the Rules of Operation; if it finds that the processed data are incomplete or inaccurate, it shall make reasonable efforts to edit the Personal Data in accordance with the Rules of Operation;
- processes Personal Data only in accordance with the purpose of the ADVICE.ME Service according to these Rules of Operation (Article 2); for any processing of Personal Data for other purposes, it will always require the specific consent of the data subjects (Clients);
- retains Personal Data for as long as is strictly necessary, which we understand to be:
- until the Client’s consent to the processing of health data is withdrawn, or
- until the Contract on Provision of Services is terminated, or
- until the provision of the ADVICE.ME Service, i.e. until the delivery of the Report; the Client’s Personal Data will continue to be processed by the Provider even after the expiry of the above-mentioned periods, but only by being retained for the purpose of defending the Provider against any legal claims that may arise due to the provision of the ADVICE.ME Service. If the consent to the Personal Data processing was withdrawn or the Contract on Provision of Services was terminated before the provision of the ADVICE.ME Service, the Provider will no longer retain any Personal Data.
- dispose of the Personal Data (data) relating to the Client and the data provided by them:
- if the Client requests that the Disposal of Personal Data;
- if there are compelling reasons for the Disposal of Personal Data (e.g. for reasons that fundamentally threaten the life, health, privacy of the Client or third parties);
- The Disposal of Personal Data will not be carried out in cases where there are other legal grounds for their further retention, or if such data is still necessary or indispensable for the fulfilment of the Provider’s legal obligation, for the establishment, exercise or defence of legal claims, or for other legitimate reasons.
- The Provider is obliged to adopt appropriate technical and organizational measures to ensure an adequate level of security of Personal Data, taking into account the state of technical progress, economic costs, the nature, scope and purposes of processing and possible risks to the privacy of Clients. The appropriate level of these measures will take into account in particular the risks arising from accidental or unlawful destruction, loss, alteration, unauthorised access to Personal Data or other forms of unlawful data processing within the ADVICE.ME Service.
- The Provider undertakes to comply with the measures set forth in point 4.2 of these Rules of Operation also with regard to the development of new technologies and to eliminate possible future threats to the system.
- The employees of the Provider or other processor and other persons who process personal data on the basis of a Contract, and other persons who come into contact with Personal Data on the Provider’s or other processor’s premises in the performance of their authority and duty, are obliged to maintain the confidentiality of Personal Data and security measures, the disclosure of which would compromise the security of Personal Data. The nondisclosure obligation is effective even upon terminating employment or a similar relationship or the respective work. The nondisclosure obligation does not apply to the information obligation under special laws.
- If the processor caused damages, it shall be liable for such damages in accordance with special legal regulations. It shall be exempted from such liability if it proves that the breach of obligations could not have been prevented even if it had made every effort to do so. Nevertheless, the Client may demand that the processor or other processor refrain from the defective conduct, remove the defective condition, make perform Personal Data Editing.
- The Provider complies with the provisions of the GDPR when processing Clients’ Personal Data. In particular, it ensures that the Client shall suffer no detriment to their rights, in particular the right to preservation of human dignity, and also ensures protection from unauthorised interference in Clients’ private and personal lives.
- The Provider is not responsible for the accuracy of the Personal Data processed within the ADVICE.ME Service. Should it become aware that any Personal Data are incomplete or incorrect, it is obliged to make perform Personal Data Editing.
5. GENERAL PRINCIPLES FOR PERSONAL DATA PROCESSING WITHIN THE ADVICE.ME SERVICE
- Processing of Clients’ Personal Data
- The ADVICE.ME Service Provider processes Clients’ Personal Data according to the following principles:
- Personal Data are processed automatically in electronic form by the Provider’s employees and/or other processors;
- The Provider may use Personal Data to send commercial communications about the Provider’s products and services, unless the user objects to such processing;
- The Provider may use Personal Data to send commercial communications about third-party products only if the Client consents to such processing.
- Entering Personal Data (Information) into the Form
- Personal Data, respectively Information and Special Categories of Personal Data are entered by the Client in the Form.
- The recording of the Information occurs exclusively through secure internet via the Provider’s electronic interface (API), the Website.
- Access to Personal Data (Information) entered into the Form and/or included in the Report
- Only the following persons have access to the Personal Data (Information) entered into the Form and/or included in the Report:
- the Expert based on a Contract as author of the record and/or to the extent needed to produce the Report;
- the Provider, based on the Contract on Provision of Services;
- the administrator of the www.advice.me website.
- Access to Personal Data (Information) is possible exclusively through the Website.
- Editing and Disposal of Personal Data
- Editing of the relevant Personal Data is carried out by the Provider via the Website at its own discretion or upon the Client’s request.
- The Disposal of Personal Data is carried out exclusively by the Provider in accordance with the Rules of Operation or upon the Client’s request.
- Recording and Retention of Personal Data
- The ADVICE.ME Service records and retains each individual entry of Personal Data into the Form, including the time and date of submission of the Form.
6. REPORT COMPILATION
- The Report is a very accurate diagnosis that summarizes the medical solutions available with respect to the Information entered by the Client via the Form.
- A basic evaluation of the Information submitted by the Client via the Form is performed on the basis of AI and then individually checked by an Expert; the AI is based on data, inputs and evaluations obtained from qualified physicians specializing in neurointerventional/mini-invasive and endoscopic procedures in Europe (CZ/SK).
7. CLIENT AND THE ADVICE.ME SERVICE
- If the Client has given consent to Personal Data processing within the framework of concluding the Contract on Provision of Services, respectively completing the Form, the Client’s Personal Data are also processed on legal grounds relating to ADVICE.ME Service.
- The Client may, by their express request, restrict the disclosure and further processing of their Personal Data (Information) within the ADVICE.ME Service, namely:
- disclosure to specific Experts;
- disclosure in full.
8. FINAL PROVISIONS
- The Provider uses other processors to process Personal Data in accordance with the GDPR, namely:
EPC Health Invest SE., Antala Staška 1859/34, 140 00 Prague 4 – Krč, ID No. 248 53 691044 65 059.
EPC Health Invest SE, org. unit Štefánikova 1599/82 085 01 Bardějov, ID No.52834328.
EuroPainClinics Hradec Kralove, Jana Černého 545/48, Věkoše, 503 41 Hradec Kralove, ID No. 084 97 443.
- The Provider is entitled unilaterally to amend, supplement or otherwise modify these Rules of Operation at any time to a reasonable extent in connection with the development of the ADVICE.ME Service. The Provider is obliged to inform the Client of the intended change according to the previous sentence at least 15 days before the effective date of such changes by publishing the new version of the Rules of Operation, including a description of the changes, on the www.advice.me website. The updated version of the Rules of Operation will come into force on the date indicated on the www.advice.me website and will replace the current version of the Rules of Operation in their entirety from that date.
- All legal relations between the Client and the Provider and any disputes between them are governed by the laws of the Czech Republic and shall be resolved before the competent courts of the Czech Republic.
- These Rules of Operation come into force on 1.6.2022