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GENERAL TERMS AND CONDITIONS OF THE HEALTH RECORD SOLUTION
1.- PURPOSE
The purpose of these General Conditions of Use is to regulate the relationship between TOP DOCTORS, INC (hereinafter, TOP DOCTORS), with a branch in Spain, NIF W4009543B and address at C/ Muntaner, 239, 4º de Barcelona (08021), and the medical professionals or users indistinctly, for the contracting of the service of use of the HEALTH RECORD solution through the digital platform.
The HEALTH RECORD software solution is a digital platform for a clinical information system, which allows the management of clinical data by doctors who have previously adhered to these general conditions of use. The HEALTH RECORD solution is hosted on servers in a Google Cloud environment with high availability and an isolated environment per client, with daily backup and 7-day retention.
The iCloud environment regularly undergoes independent verification of security, privacy, and compliance controls to receive certifications, attestations, and audit reports demonstrating compliance.
The solution is compliant with ISO/IEC 27001, 27017, 27018 and 27701 standards; SOC 1, 2 and 3; PCI DSS, and VPAT (WCAG, US Section 508, EN 301 549); as well as with FedRAMP certifications; HIPAA; the RGPD, and the CCPA, among other regulations.
2.- ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
The acceptance of the general conditions of use are specially regulated in Law 7/1998, of April 13, on General Contracting Conditions, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Society of Information and Electronic Commerce.
The acceptance of these general conditions of use is directed only to medical professionals, therefore, Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defence of Consumers and Users.
Professional doctors attached to the TOP DOCTORS web platform will be bound by compliance with these general conditions of use until the end of the contractual relationship between both parties.
As a professional doctor, you expressly declare to know, understand and accept the conditions of use and these general contracting conditions. In the same way, you declare that you are of legal age, or an emancipated minor, have the legal capacity and to act necessary to access the TOP DOCTORS web platform and be fully qualified to carry out the tasks required as a doctor on this web platform.
To accept the conditions of use, the doctor, when accessing the HEALTH RECORD for the first time, must select the "Accept" option on the screen on which these General Conditions of Use appear, and it will be considered that they fully understand and accept them.
3.- SERVICES AND FUNCTIONING OF THE TOP DOCTORS HEALTH RECORD SERVICE
3.1. Characteristics of the HEALTH RECORD
The main features of the Digital HEALTH RECORD are divided into 7 blocks:
3.2.- Access to the HEALTH RECORD service of Top Doctors
This service is available on the TOP DOCTORS website. The doctor must enter their user area and access the HEALTH RECORD SECTION
To access their user account, doctors must enter their corresponding username and password. Said username and password are the same ones used to access the TOP DOCTORS intranet.
Doctors must request the activation of said service in the corresponding section and within a period not exceeding 72 hours the service will be activated.
For security reasons, the doctor must change their password every 90 days. Passwords may not be repeated, must contain at least eight characters and be composed of at least one of each of the following elements: letters, numbers, uppercase, lowercase, and punctuation marks.
3.3.- Prices and fees for the use of HEALTH RECORD
This service does not have an associated cost and is included in the monthly fee that the doctor pays to Top Doctors.
The doctor will in any case be responsible for complying with the laws and regulations in force, as well as with the regulations of the corresponding Professional Associations of Physicians, in terms of the provision of medical services, committing to obtain the authorisation of the patients in order to transfer their data to be included in HEALTH RECORD, exempting TOP DOCTORS from any responsibility in this regard.
4.- INTELLECTUAL PROPERTY AND OWNERSHIP OF STORED DATA
The intellectual property of the digital solution belongs entirely to TOP DOCTORS. All the information and clinical/administrative data generated during the provision of the service through the HEALTH RECORD solution, including the data initially migrated, or entered with its use, are the exclusive property of the doctor or medical centre. TOP DOCTORS undertakes, by means of this contract, to provide said information/data at any time, including in the case of cancellation or termination of the contract.
5.- OBLIGATIONS OF DOCTORS USING THE APPLICATION AND WEB PAGE OF TOP DOCTORS
The medical users of the TOP DOCTORS HEALTH RECORD are obliged to respect the applicable laws and the rights of third parties when using the contents and services of the Application. Likewise, users agree to use the application in accordance with these General Conditions of Use, good market practices and public order.
By way of illustration and not limitation, doctors may not:
Doctors will be responsible in case of non-compliance with these General Conditions of Use and for conduct that damages, disables, overloads, deteriorates or prevents the normal use of the application.
TOP DOCTORS may deny or withdraw access to the Application to doctors who fail to comply with these General Conditions of Use, without the need for prior notice.
Doctors who fail to comply with these General Conditions of Use will be liable for all damages arising from their actions.
6. ASSIGNMENT OF DATA.
The doctor or medical centre using the services of the HEALTH RECORD solution must inform and obtain, on their own account, the express and written authorisation from the patient to use and enter their personal, clinical, and administrative data on the web platform, in order to manage the different services, expressly informing you that said web platform is the property of TOP DOCTORS and that, therefore, the authorisation will entail the transfer of said personal data to it for its treatment for the purposes derived from the use of the solution. To this end, you should include the following consent clause in the GDPR text that makes your patients sign:
“I accept and authorise my personal data to be used by the XXXXXX centre/clinic of Doctor XXXXXXXX in relation to the management of the medical history and administrative data. I inform you that TD or the associated companies will use said data to be able to manage the different services.” The doctor exonerates TOP DOCTORS from any responsibility that may arise from the lack of information to the patient or from the failure to obtain their authorisation in the aforementioned terms, assuming all responsibilities that may arise as a result of said breach.
7.- RESPONSIBILITY OF TOP DOCTORS
7.1.- Responsibility for the service offered.
The services offered by TOP DOCTORS are limited to facilitating the use of the HEALTH RECORD solution for client doctors or medical centres, which are not medical services, therefore the doctor exempts TOP DOCTORS from any liability arising from the services that doctors provide to their patients through the use of the HEALTH RECORD platform and all the data, information or medical content or of any nature that they introduce in the HEALTH RECORD solution.
TOP DOCTORS excludes any type of responsibility for damages of any nature that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the services offered by the doctors.
In its capacity as a mere provider of the e-Consultation service, TOP DOCTORS will not be responsible, not even indirectly or subsidiary, for the assistance, diagnosis, advice, attention, information, opinion, manifestation of any kind, and in general for the medical service provided by doctors to patients through the TOP DOCTORS web platform, both in the event that said service is satisfactory for the patient and in the event that it is not and/or leads to medical malpractice for any reason.
Likewise, TOP DOCTORS will not be responsible for the medications that the doctor prescribes to the patient, if he/she is authorised to prescribe them, nor for the diagnosis, nor for not proceeding to the physical evaluation of the patient if this is necessary to offer an adequate medical service.
TOP DOCTORS trusts that all the data provided by the doctors is true and correct, for which any responsibility on the part of TOP DOCTORS regarding the veracity and correctness of said data, as well as on the fiscal aspects corresponding to the invoicing of the medical services.
7.2.- Responsibility for the use and functionality
TOP DOCTORS is not responsible for the damages that may arise from interferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of the electronic system or in the devices and computer equipment of users, caused by external causes to TOP DOCTORS, that prevent or delay the provision of services, or delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, or the inability to provide the service or allow access for reasons not attributable to TOP DOCTORS, due to users, third parties, or cases of force majeure. TOP DOCTORS does not control, in general, the use that users make of this service.
TOP DOCTORS is not responsible for damages of any nature that may arise from the availability and technical continuity of the solution's operation. In any case, TOP DOCTORS will carry out all the necessary actions to re-establish its services in the event of technical failure.
TOP DOCTORS reserves the right to temporarily suspend the provision of the service without prior notice to the doctor, as long as it is essential to carry out maintenance, update or improve operation of the service. Likewise, you may modify the conditions of access and/or specific location of the content of the application or web page, as well as prevent, restrict, block, delete or withdraw access to services to doctors when they do not make a lawful, honest, and diligent use of them. TOP DOCTORS may remove, block or restrict the use of content introduced by third parties that are illegal, criminal, racist, advocating terrorism, violation of human rights, defamatory, pornographic, constituting fraud or in any other way that violates the laws. or applicable regulations, whether national or international.
TOP DOCTORS does not assume any responsibility for the content inserted by doctors. The doctor who inserts content that violates any current national or international legislation, will be liable for the damages derived from such infraction, exempting TOP DOCTORS from any responsibility.
Every doctor on the web platform undertakes to hold TOP DOCTORS harmless from any claim arising from problems arising from the causes described in this section.
8.- APPLICABLE LEGISLATION AND JURISDICTION.
TOP DOCTORS reserves the right to present the civil or criminal actions it deems appropriate for the improper use of its web platform and content or for the breach of these general conditions of use.
These General Conditions of Use are subject to Spanish legislation, which will be applicable in relation to its validity, interpretation, execution and compliance. All discrepancies, claims and controversies regarding the above provisions may be submitted to arbitration or go to the ordinary jurisdiction, complying with the rules on jurisdiction and competence in this regard. TOP DOCTORS is domiciled in Barcelona, Spain.
9.- DISPUTE RESOLUTION.
The European Commission, in accordance with Art. 14.1 of Regulation (EU) 524/2013, provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/
LAST UPDATED: Barcelona, September 2022