using a computer program
Mobile application Doctor Online for IOS and Android platforms ” and the computer program” Doctor Online “(” Doctor Online “)
Last Updated: Mart 13, 2022
At LeoMed Inc. (“Doctor Online”, “LeoMed”, “we”, or “us”), we respect your privacy and are thankful for your trust in us.
We believe that your health information should have heightened privacy protections, which is also required by international, federal and state laws. All collection, use, and disclosure of your health information through the App is governed by LeoMed Professionals’ Notice of Privacy Practices. When you create an Account and log in to the App using your Account Information, you access a secure patient portal. We treat all health information that you provide when creating an Account and in the patient portal as health information under LeoMed Professionals’ Notice of Privacy Practices. That means if we need to collect, use, or disclose that health information for any reason, we follow the Notice of Privacy Practices. Please review the Notice of Privacy Practices for more information on how we protect your health information and your rights under applicable laws.
Personal Information We Collect
When you use the Services, we may collect personal information about you directly from you, automatically through your use of the Services, from our partners and/or from third parties. As used in this Policy, “personal information” is information that can identify you. The personal information that we collect about you depends on how you interact with us.
Personal Information You Provide
We collect personal information you provide to us when you:
- Use our Services (including Services we offer in our partner apps and websites).
- Contact us.
- When you request information from or about our Services.
For example, this can include:
Information we collect
Your full name; phone number; email address; physical address; and other registration information
gender; date of birth
symptoms; risk factors; medications; procedures and other health related information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images you enter in our app or web Services, including those Services (like our symptom checker) as part of our partner or customer’ applications.
Health information about you prepared or obtained by the Healthcare Professionals(s) who provide clinical services through the App such as medical and therapy records, treatment and examination notes, and other health related information.
Billing information that you provide us, such as credit/debit card information, or that we receive from a health plan, employer or other provider of healthcare benefits on your behalf; when you have made a payment; records of previous payments
registration date; contact history; username and password.
Personal Information We Collect Automatically
When you use our website, app, or licensed technology we may collect the following personal information if your phone or internet browser settings let us:
- The IP address used to connect your mobile phone or other device to the internet.\
- Your browser information, such as Google Chrome or Apple Safari.
- Login and operating system.
- The make and model of your device and resettable device identifiers.
- Time zone, language, and location settings.
- Your device network provider and your location (based on your IP address).
- Information about your visit to our website or use of our app, for example when you first visited the App or how many times you’ve visited.
- Information about the products or services you viewed or used.
- App response times and updates.
- Information about your interactions, like what notifications you opened.
- Any phone number used to call our customer service number.
- We work with other companies that provide us with analytics and advertising services
- Information from Apple HealthKit, to the extent you choose to sync your HealthKit data with us. It is used by our healthcare professionals and clinical support staff for purposes related to clinical care and healthcare management. We do not use or disclose HealthKit data for advertising, marketing, or other use-based data mining purposes other than improving health management.
- Other information you input into the App or related services.
We may use your Personal Information for the following purposes:
- To provide you with the Application, full functionality of the Application, and Services.
- To improve healthcare quality through the performance of quality reviews and similar activities.
- To create De-identified Information such as aggregate statistics relating to the use of the Services.
- To notify you when App updates are available.
- To market and promote the App and the Services to you.
- To fulfill any other purpose for which you provide us Personal Information.
- For the purposes described in Section I relating to the use of Health Information.
- For any other purpose for which you give us authorization.
We may also disclose Personal Information that we collect or you provide:
- To our subsidiaries, affiliates, and associated organizations.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential.
- As required by law, which can include providing information as required by a court order.
- When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of LeoMed’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Application is among the assets transferred.
- For any other purpose disclosed by us when you provide the information.
- Information We Collect via Technology.
- To help us understand how people interact with our Services.
- To provide the advertisements for our Services on the internet.
- To measure the performance of our Services and our advertisements.
- Your protected health information is not used for these advertising services
- Some parts of our app and our website share your location. You can turn this off in your device or browser settings.
Other Personal Information We Collect
We may obtain information from third parties and sources other than the Services, such as from our sponsors and advertisers.
We might also receive some data about you and your health from other apps, devices and Services. This will only happen if you’ve agreed to sharing that data with us. For example, if you decided to share information collected from a smartwatch with our app.
Our partners, such as your health plan or your health provider, may provide us with your personal information, so that we can identify you in order to provide you with a Service. This can include a numeric identifier for your account, your date of birth and gender at birth, and is shared with us by your health plan or provider.
How we use and share your personal information
We use your personal information to:
- Provide the Services and create personalized products and services that are unique and relevant to you. For example, we may use your information to remember who you are so you don’t have to enter it again.
- Improve our Services, including our artificial intelligence systems. This helps us deliver better healthcare to you and other Doctor Online users. We sometimes analyze your data and how you use our products to help us manage our business better. This could be things like fixing bugs in our app, understanding current user trends, how people use our Services, or working out what users might want in the future.
- We may use your personal information to communicate with you or to send you marketing promotions and advertising.
- Sometimes we combine personal information about you from different sources. We might use this information to make guesses about you. We may use aggregated information about user trends, characteristics and preferences from third parties to help inform our marketing activities. This data is not information about individuals, but rather trends, characteristics and preferences of groups of people. We do this to make our products better and to make sure we send you info we think you will be interested in getting.
- We may audit how you use our Services, for example to review the quality of results provided by our Services, for internal training, and to ensure our Services are safe. We may need to contact you if we have quality or safety concerns resulting from your use of our symptom checker.
We share your personal information in the following circumstances:
- Your personal information may be shared with affiliated companies. This means companies related by common ownership or control. These may be companies that make their clinical services available through our app.
- If you are using our Service through a partner app or website, information relating to our use of the Service (such as your use of the symptom checker), will be shared with our partner. Also, when it’s in your vital interests, we may need to share your information with our partner in order to protect you or give you the right care. We may share information with our partner to assess the effectiveness of our Service, fix bugs, or analyze trends.
- We work with third-party services that provide technical support like development, hosting, and other services. They may have access to or may use personal information we have collected to help provide our Services.
- Your personal information may be transferred to advisors, a business partner, or others if any of the following events happen:
- Another company buys or merges with LeoMed.
- We sell, liquidate, or transfer our assets, such as in the unlikely event of bankruptcy
- We share your information if we believe doing so is necessary or for legal reasons, for example:
- If we are required by law, regulation, legal process, court order, or subpoena
- In response to requests by government agencies (like law enforcement)
- If we think releasing information will protect against physical, financial, or other harm, injury or loss of property
- In connection with an investigation of suspected or actual unlawful activity.
- We share your personal information with your consent or at your direction
We may use de-identified information created by us without restriction. When we use the term “de-identified information,” we mean information that is neither used nor intended to be used to personally identify an individual.
Some of the information we collect may be shared with others in a way that does not identify you(de-identified information). We may combine this information and use it to create statistics or other information. We do not sell or share your information with third parties for their own marketing purposes.
If we use or share your data differently than we have listed above, we will ask your permission when we collect the personal information.
Cookies and Other Data Collection Technologies
Cookies are information that your browser stores when you access the internet. Cookies help:
- Make your experience more personal to you
- Make sure your services aren’t interrupted
- Collect device information about your computer
Web beacons are small bits of code. They are stored in web pages, ads, and e-mails that communicate with third-parties. We may use web beacons to:
- Count the number of users who have visited a website
- Deliver or communicate cookies
- Understand the way people use or interact with us and our Services
Our website and apps may use flash cookies, which are stored on your device or other types of local storage. Other types of local storage can be browser-based or plugin-based. These can be used to store information about your activity and preferences across different Services and sessions. Please note that you may not be able to control them using standard browser tools and settings.
Disclosure to Third Parties
At times LeoMed may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers. When we do, we require those third parties to handle it in accordance with applicable laws. LeoMed does not sell personal information, and personal information will not be shared with third parties for their marketing purposes.
LeoMed may link to other websites or services provided by third parties. Third-party websites or services do not fall under LeoMed’s privacy or security policies. We are not responsible for any third party’s collection of personal information and we encourage you to review their privacy and security policies before giving them any of your personal information.
Third-party Advertising, Links And Content
We allow third-parties like the following to collect your personal information:
- Business partners
- Advertising networks
- Other advertising services
They may do this through cookies, web beacons, or other types of technologies. This information can be taken and mixed with other personal information across different online services.
For example, Doctor Online uses a service called Firebase technology to track your use of Services and collect information about your usage. Firebase tracks:
- When you used the Services for the first time
- When you last used the Services
- How many times you used the Service
See what kind of information Firebase saves about your usage
These third parties may use the personal information to advertise in Services or anywhere else. They can also tailor ads to your interests. If you don’t want to receive these advertisements, you can opt-out in your device or browser settings.
These companies may take part in programs that can provide you with the choice of receiving advertisements or not. To find out more, visit: Network Advertising Initiative and Digital Advertising Alliance
Credit and debit card information
If you make a payment to LeoMed, your credit or debit card details are processed by a payment provider that follows strict data security industry standards. LeoMed does not store any of your credit card information, and LeoMed only keeps details of the transactions on its secure servers.
Modification of Information
Members will be able to update some of their information through the Site. Requests to modify any information may also be submitted to email@example.com.
Your choices and rights
You can choose not to share certain personal information with us, in which case we may not be able to give you some features and functionality. If you wish to exercise any legal rights, you may have to access or amend any personal info we have about you. You can contact us at firstname.lastname@example.org.
Steps we take to keep your information secure
We employ reasonable physical, electronic, and managerial security methods to help protect against unauthorized access to personal information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us.
How we hold and protect your information
We take care to keep personal information we collect and maintain secure, complete, and accurate. This includes:
- Encryption of your data when it’s stored in secure facilities
- Encrypt your data in transit where possible
- Using strict access controls to personal data in our care
Please be aware that no security measures are perfect or impenetrable. We can’t guarantee that personal information about you will not be accessed, viewed, disclosed, altered, or destroyed if the safety steps we use to protect information are broken. LeoMed can’t guarantee security of networks that we do not control. This includes the internet, and any wireless networks in which information may be transferred to LeoMed.
Children under age 18
We don’t knowingly collect personal information online from children under the age of 18. If we find someone submitting information to our Services is under the age of 18, we will delete any information collected as soon as possible.
LeoMed Services are for users located within the United States. If you choose to use the Services from outside the U.S, you may also be transferring your personal information outside the U.S. This means that the laws around data collection may be different from U.S. laws. We may also transfer your personal information from the U.S. to other countries or regions. By giving any information on our Services, including your personal information, you consent to these actions.
If you have questions or concerns about our Privacy Practices, or would like to report a violation, please contact us by sending an email to email@example.com.
This policy can be updated to show changes in our information practices or relevant laws. We may do this without giving notice to you. You can find the date of the most recent update at the beginning of this Policy where it says “Last Updated”.
How to contact us
Please contact us at firstname.lastname@example.org for any of the following reasons:
- If you want to exercise your rights or choices
- Our privacy practices or if you would like to exercise your rights and choices
In addition to the rights above, the California Consumer Privacy Act provides California consumers with the right to obtain from us information about the personal information about you that we collect, use, and disclose. You can exercise your rights by sending an email to email@example.com.
If you choose to exercise your privacy rights, you will not receive discriminatory treatment or a lesser degree of service from us.
Notice To California Residents
Certain California residents have additional privacy rights under the California Consumer Privacy Act (“CCPA”) and the Shine the Light law. To exercise your rights, you will need to follow the directions that are specific to each law. Please note that certain information, such as PHI and medical information (as defined under the Confidentiality of Medical Information Act (“CMIA”)), may be exempted from the California Consumer Privacy Act. This means that we and certain service providers or other recipients may not be required to honor the rights described in this section and instead we comply with our obligations under other laws, such as HIPAA and CMIA.
California Consumer Privacy Act
The CCPA requires that we make certain disclosures about our general collection, use, and disclosure of personal information over the past 12 months. Accordingly, in the past 12 months:
- We have collected the following categories of personal information: your direct identifiers, commercial information, medical information, and internet and other electronic/network activity information. From this information we may also draw inferences that reflect your preferences. Examples of the types of personal information, the sources of this information, and the purposes for which we have collected it are detailed in the “Personal Information We Collect” and the “How We Use and Share Your Personal Information” sections above.
- We disclosed the following categories of personal information to the categories of entities described in the “How We Use and Share Your Personal Information” section: your direct identifiers, commercial information, medical information, internet and other electronic network activity information, and inferences we have made about you.
With some exceptions, you have the right to make the following requests with respect to the personal information we maintain about you:
- Request to know: You have the right to request to know: (i) the specific pieces of personal information we have collected about you; (ii) the categories of personal information we have collected about you in the past 12 months; (iii) the categories of sources from which that personal information was collected; (iv) the categories of your personal information that we have sold or disclosed in the past 12 months; (v) the categories of third parties to whom your personal information was sold or disclosed in the past 12 months; and (iv) the purposes for collecting and selling your personal information. You may exercise your right to request to know twice a year, free of charge.
- Request to delete: You have the right to request that we delete the personal information we have collected from you. We may deny your request under certain circumstances, such as if we need to comply with our legal obligations or complete a transaction for which your personal information was collected or if the data is PHI protected by HIPAA. If we deny your request to delete, we will let you know why.
- Request to opt out of sale: While we do not sell your personal information, if we were to do so, we will update this Policy and you have the right to request that we not sell your personal information.
Limitations on Deletion of Information
Right to Non-Discrimination
If you exercise any of these rights, we will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features and services.
To make a request to know or a request to delete, contact us at firstname.lastname@example.org. We will take steps to verify your identity before processing your request to know or request to delete. We will not fulfill your request unless you have provided sufficient information for us to reasonably verify you are the individual about whom we collected personal information. If you have an account with us, we will use our existing account authentication practices to verify your identity. If you do not have an account with us, we may request additional information about you so that we can verify your identity.
You may use an authorized agent to submit a request to know or a request to delete. When we verify your agent’s request, we may verify both your and your agent’s identity and request a signed document from you that authorizes your agent to make the request on your behalf. To protect your personal information, we reserve the right to deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
Shine the Light
California residents may also request information from us once per calendar year about any personal information shared with third parties for their own direct marketing purposes, including the categories of information and the names and addresses of those businesses with which we have shared such information. To request this information, please contact us at email@example.com. Your inquiry must specify “California Privacy Rights Request” in the subject line of the email, and you must include your name, street address, city, state, and ZIP code.
Notice of Health Information Privacy Practices
The Healthcare Professionals who deliver Services through the App practice within a group of independently owned professional practices collectively known as “LeoMed Professionals” (“us”, “we”, “our”). This Notice of Health Information Privacy Practices or “Notice” describes how LeoMed Professionals (and LeoMed, Inc. when acting on behalf of LeoMed Professionals) may use and disclose your health information and how you can access this information. Please review this Notice carefully.
How is patient privacy protected?
We understand that information about you and your health is personal. By “health information,” we mean protected health information as defined under federal law (the Health Insurance Portability and Accountability Act, or HIPAA, and its implementing regulations). Not only is it our legal obligation, but it is our business imperative to ensure the confidentiality of your health information. We continuously seek to safeguard your health information through administrative, physical, and technical means, and otherwise abide by applicable federal and state laws.
How do we collect and maintain your health information?
The health information that we collect or maintain may include:
- Your name, age, email address, username, password, and other registration information.
- Health information that you provide us, which may include information or records relating to your medical or health history, health status and laboratory testing results, diagnostic images, and other health related information.
- Health information about you prepared or obtained by the Healthcare Professionals(s) who provide clinical services through the App such as medical and therapy records, treatment and examination notes, and other health related information.
- Billing information that you provide us, such as debit card/credit card information, or that we receive from a health plan, employer or other provider of healthcare benefits on your behalf.
- Information from Apple HealthKit, to the extent you choose to sync your HealthKit data with us. It is used by our Healthcare Professionals and clinical support staff for purposes related to clinical care and healthcare management. We do not use or disclose HealthKit data for advertising, marketing, or other use-based data mining purposes other than improving health management.
How do we use and disclose health information?
We use and disclose your health information for the normal business activities that the law sees as falling in the categories of treatment, payment and healthcare operations. Generally, we do not need your permission for these disclosures under applicable laws. Below we provide examples of those activities, although not every use or disclosure falling within each category is listed:
- Consultations – We keep a record of the health information you provide us. This record may include your test results, diagnoses, medications, your response to medications or other therapies, and information we learn about your medical condition through the Services. We may disclose this information so that other doctors, nurses, and entities such as laboratories can meet your healthcare needs.
- Payment – We document the services and supplies you receive when we are providing care to you so that you, your insurance company or another third party can pay us. We may tell your health plan about upcoming treatment or services that require prior approval by your health plan.
- Health Care Operations – Health information is used to improve the services we provide, to train staff, for business management, quality assessment and improvement, and for customer service. For example, we may use your health information to review our treatment and services and to evaluate the performance of our staff in caring for you.
We may also use and disclose your health information to:
- Comply with federal, state or local laws that require disclosure.
- Assist in public health activities such as tracking diseases or medical devices.
- Inform authorities to protect victims of abuse or neglect.
- Comply with federal and state health oversight activities such as fraud investigations.
- Respond to law enforcement officials or to judicial orders, subpoenas or other processes.
- Inform coroners, medical examiners and funeral directors of information necessary for them to fulfill their duties.
- Facilitate organ and tissue donation or procurement.
- Conduct research following internal review protocols to ensure the balancing of privacy and research needs.
- Avert a serious threat to health or safety.
- Assist in specialized government functions such as national security, intelligence and protective services.
- Inform military and veteran authorities if you are an armed forces member (active or reserve).
- Inform a correctional institution if you are an inmate.
- Inform workers’ compensation carriers or your employer if you are injured at work.
- Recommend treatment alternatives.
- Tell you about health-related products and services.
- Communicate within our organization for treatment, payment, or healthcare operations.
- Communicate with other providers, health plans, or their related entities for their treatment or payment activities, or health care operations activities relating to quality assessment and improvement, care coordination and the qualifications and training of healthcare professionals.
- information to other third parties with whom we do business, such as a record storage provider. However, you should know that in these situations, we require third parties to provide us with assurances that they will safeguard your information.
- We may also use or disclose your personal or health information for operational purposes. For example, we may communicate with individuals involved in your care or payment for that care, such as family or guardians and send appointment reminders.
All other uses and disclosures, not previously described, may only be done with your written authorization. We will also obtain your authorization before we use or disclose your health information for marketing purposes or before we would sell your information. You may revoke your authorization at any time; however, this will not affect prior uses and disclosures. In some cases state law may require that we apply extra protections to some of your health information.
What are the Healthcare Professional’s Responsibilities?
We are required by law to:
- Maintain the privacy of your health information.
- Provide this Notice of our duties and privacy practices.
- Abide by the terms of the Notice currently in effect.
- Tell you if there has been a breach that compromises your health information.
We reserve the right to change our privacy practices, and make the new practices effective for all the information we maintain. Revised notices will be posted on the Site.
Do you have any Federal Rights?
The law entitles you to:
- Inspect and copy certain portions of your health information. We may deny your request under limited circumstances. You may request that we provide your health records to you in an electronic format.
- Request amendment of your health information if you feel the health information is incorrect or incomplete. However, under certain circumstances we may deny your request.
- Receive an accounting of certain disclosures of your health information made for the prior six (6) years, although this excludes certain disclosures for treatment, payment, and health care operations. (Fees may apply to this request.)
- Request that we restrict how we use or disclose your health information. However, we are not required to agree with your requests, unless you request that we restrict information provided to a payor, the disclosure would be for the payor’s payment or healthcare operations, and you have paid for the health care services completely out of pocket.
- Request that we communicate with you at a specific telephone number or address.
- Obtain a paper copy of this notice even if you receive it electronically.
We may ask that you make some of these requests in writing.
What if I have a complaint?
If you believe that your privacy has been violated, you may file a complaint with us or with the Secretary of Health and Human Services in Washington, D.C. We will not retaliate or penalize you for filing a complaint with us or the Secretary. To file a complaint with us or receive more information contact:
- General Terms and Conditions and Definitions of Terms
- Demo Version of the Application – preliminary free limited version of the Application that allows anyone to familiarize himself/herself with the Application prior to registration.
- Legislation – legislation applicable in Ukraine.
- Content of the Website and/or the Information Resource should not be considered, in whole or in part, as a medical advice or approval, representation or guarantee that any advices, specific preparation or treatment is safe, appropriate or effective for you.
- Information Resource or Application – software in the form of, in particular, a mobile application, designed for its operation on smartphones, tablets and other mobile devices of the User, which can be installed on such devices or can be downloaded to such devices from online mobile application stores, such as the App Store, Google Play, Windows Phone Store and others, on the terms and subject to the conditions of such stores.
- User (or you, your, yours – depending on the context) – a person, who has successfully undergone the Registration on the Website or the Information Resource.
- Licensor (or we, us, our, ours – depending on the context) – the “Doctor Online” Limited Liability Company, a legal entity established in accordance with the legislation of Ukraine, registered at: 2, Protasiv Yar St., Kyiv, 03038, identification code of a legal entity: 43192678, which grants the User under these Terms of this Public Offer a non-exclusive right (license) to use the Information Resource (Application).
- Customer – a User, a legal entity or individual, which provides for the informational services to the Clients, including via Information Resource (Application).
- Client – a User, an individual who reached 14 years of age, who possesses the necessary extent of civil capacity and who has acquired or intends to acquire the informational services of the Customer via the Information Resource.
- Account – a set of data about the User stored in the computer system of the Information Resource, which is necessary for their recognition (authentication) on the Information Resource (in the Application) and for granting access to their personal data and settings of the Personal Account for the purposes, in particular, of using the Services, Website and/or Information Resource (Application). By registering on the Website, the User creates an Account through the Registration Procedure and agrees that the account information you provide to us at any time, including during registration, as well as any information you upload to the Website, will be true, accurate, relevant and complete. You may not transfer or share your account password with anyone or create more than one account (except for sub-accounts set up for children, for whom you are a parent or a legal guardian). You are responsible for maintaining the confidentiality of your account password, as well as for all actions that take place under your account. The Licensor shall reserve the right to take any action they deem necessary or reasonable with respect to the security of the Website and/or the Information Resource and your Account information. In no event and under no circumstances will the Licensor be liable to you for any obligations or costs caused by your use of any Services, Website and/or Information Resource, use of your account information or transfer of account information to the third party. You cannot use someone else’s account at any time.
- Personal Account – a unique space of the User in the computer system of the Information Resource for storage of the User’s Account with the certain mode of reception by the User of Services; the Personal Account shall be accessed by the User using a login (phone number) and a password (PIN code) through the Account settings.
- Services – granting by the Licensor the User’s access to the Information Resource, including, through the User’s Personal Account and providing to the User by the Licensor the informational advice on the use such access by the latter. The Licensor does not engage in medicine, medical practice, or any other licensed activities and/or does not interfere with medical practice or any other licensed activities, including those of the Customers, who are solely responsible for their informational services and compliance with the requirements applicable to the professional activities of such Customers. Neither the Licensor nor any third parties who advertise the informational services or provide you with a link to the informational services are responsible for any professional advice you receive from the Customer through the use of any Services, Website and/or Information Resource.
- Public Offer – this offer of the Licensor addressed to any individual (hereinafter referred to as the User) in accordance with Articles 633, 641, 644 of the Civil Code of Ukraine to enter into an Agreement with the Licensor under the terms and conditions contained in the public offer.
- Promo Code is a set of symbols consisting of letters and / or numbers, which gives the right to purchase a product or service on special terms usually established by the corresponding promotion.
- The Licensor offers with this Public Offer to conclude the Agreement under the terms and conditions specified in this Public Offer.
- The User, by means of Acceptance, unconditionally accepts such Agreement and unconditionally agrees with its terms, in particular, accepts the obligations imposed on the User under this Public Offer and undertakes to comply with them.
- User Registration
- To be able to use the Information Resource/Application, the User must get registered – create a User Account.
- To create an Account, a User shall undergo the following Registration procedure:
- fill in the registration form;
- give consent for the Licensor to process the User’s personal data;
- to agree with the terms of the Agreement in the manner specified in para. 3.3 of the Agreement.
- By filling out the registration form, the User agrees to provide accurate and true information about themselves. In case the User provides inaccurate information about himself/herself, the Licensor will have the right to deny such User’s access to the Application.
- The User confirms at the time of registration that he/she has sufficient civil and legal capacity to enter into an Agreement, which is a petty daily transaction, with the Licensor under the terms and conditions of this Public Offer.
- Upon completion of registration, the User receives a unique User Account in the Information Resource system, as well as a unique login (phone number) and password (PIN code) for the User to log in to the User’s Personal Account in the Information Resource system.
- The User:
- is fully responsible for the security of their login and password (for the transfer of this information to third parties), for the safe use of the User’s Account and Personal Account, as well as for any actions that will be executed under their Account and in their Personal Account;
- protects the Licensor from any claims regarding violation by the User of the above para. 3.7.1 and/or reimburses the Licensor any losses of the Licensor related to such violation.
- The User undertakes to immediately inform the Licensor in case of and as soon as the User learns of any unauthorized access to the User Account by the third parties or any other breach of security of his/her login and password, as well as of any violation of the safe use of the User’s Account and Personal Account.
- The User accepts and agrees in full to comply with the obligation to be responsible for any information, data, text(s), photos, etc., which were published, made public and/or partially transferred through the Information Resource/Application.
- The User agrees not to use the Services, Website and/or Information Resource/Application for:
- downloading, posting or otherwise publishing materials of public use that are defamatory or infringe copyright and/or other rights, property rights, as well as violate applicable Legislation;
- posting of any third-party information, advertising, not provided by this Information Resource and the rights to use it;
- posting any Internet links that are available for public use on other Internet resources;
- impersonating an outsider, or providing information that is not true regarding the information about the User;
- posting any information that does not belong to the User or which is appropriate to themselves.
- In case the Licensor suspects the User of committing any illegal actions, including: fraud with bank cards, spreading spam, malicious programs, other actions violating the terms and conditions of this Public Offer, the Licensor has the right to apply to the relevant government bodies and/or block and/or delete the User’s Account.
- By registering on the Website, Information Resource/in the Application, the User confirms that the User is fluent in English, and therefore declares that this Public Offer cannot be rendered void or not accepted by the User on the basis that it is drawn up in English.
- The Services, Website and/or Information Resource/Application (and all its elements) are subject to copyright, the property rights to which belong in full to the Licensor and are protected by the Legislation of Ukraine on Copyright and Intellectual Property, as well as the relevant international treaties and conventions.
- Any use of the results of intellectual activity posted on the Information Resource/in the Application (including elements of visual design, symbols, texts, graphic images, illustrations, photos, videos, programs, music, trademarks and other objects) without written permission of the Licensor or the legal owner shall be illegal and may be a reason for litigation and bringing violators to civil, administrative and criminal liability in accordance with the Legislation.
- Except as provided in this Public Offer, as well as applicable Legislation, no intellectual property (including the Content) shall be copied, reproduced, distributed, published, transferred, sold or otherwise used in whole or in part without the prior written permission of the Licensor as the rightful owner.
- The Licensor shall reserve the right at any time to remove from the Information Resource/Application any results of intellectual activity posted in it without the User’s notice.
- Legal Status of the User
- The User has the right to:
- post on the Information Resource/Application any information that does not contradict the Legislation and the provisions of the Agreement;
- use the Information Resource/Application in the manner prescribed by the Agreement, if the purpose of such use is not to make profit or income;
- prior to registration to familiarize with the Information Resource/Application by testing the Demo Version of the Application;
- register (receive a personal Account) in accordance with the provisions of the Agreement;
- stop using the Information Resource/Application and reject the account created by them by sending a request to the Licensor;
- use the Promo Code to receive a free informational service and / or a free unlimited subscription on the terms of the corresponding promotion, according to which such a Promo Code was provided.
- other User’s rights provided by this Public offer and the Legislation.
- The User is obliged to:
- comply with the provisions of the applicable Legislation, the Agreement and other special documents of the Licensor;
- use the capabilities of the Information Resource/Application only for lawful purposes, comply with applicable Legislation, as well as the terms of this Agreement;
- refrain from taking actions that interfere with the work of the Licensor and the functioning of the Information Resource/Application, as well as from taking any other actions that violate the rights of the Licensor and/or third parties;
- refrain from reproducing, repeating, copying, selling, reselling and using in any way for any commercial purposes the Information Resource/Application or any part of its Content without the consent of the Licensor;
- provide accurate, up-to-date and complete information about themselves during registration (Account creation);
- take appropriate steps to ensure storage of their Account and passwords;
- refrain from transferring, conceding, selling, transferring for use, etc. Account to third parties;
- refrain from attempting to disable or otherwise interfere with any technical means of protection of the Information Resource/Application;
- duly comply with other duties provided for in this Public Offer.
- When using the Information Resource/Application, the User is prohibited from:
- downloading, publishing and otherwise transmitting materials that cause or may cause damage to the honor, dignity and business reputation of a citizen or the business reputation of any organization, violate applicable Legislation;
- uploading, publishing and otherwise transmitting material containing obscene words and language;
- downloading, publishing and otherwise transmitting erotic and pornographic materials or hypertext links to the Internet resources containing such materials;
- uploading, publishing and otherwise transmitting content that promotes suicide, contains a description of the methods of suicide and any incitement to do it;
- uploading, publishing and otherwise transmitting content related to occult topics and activities;
- uploading, publishing and otherwise transmitting advertising and other information on narcotic and psychotropic substances, including information on the distribution of drugs, recipes for their manufacture and advice on their use;
- uploading, publishing and otherwise transmitting material that violates the rights of young persons;
- uploading, publishing and otherwise transmitting fraudulent material;
- making unauthorized access to the accounts of other Users by guessing or entering a password, as well as attempting such access.
- The User has the right to:
- Legal Status of the Licensor
- The Licensor has the right:
- to carry out the day-to-day management of the Information Resource/Application, determine its structure, change its Content, design, list of services at any time, change or supplement the software and other objects at any time, with or without prior notice;
- to send notifications to the Users regarding the use and new features of the Information Resource/Application;
- at own discretion to delete any information that violates and/or may violate the Legislation, the provisions of the Agreement and the rights of third parties;
- to perform other actions in order to improve the quality and usability of the Information Resource/Application by the Users;
- without special notice of the User to change and/or supplement this Public Offer. Changes/supplements enter into force from the moment of their posting in the Information Resource/Application, unless otherwise specified by the Licensor;
- at any time to require the User to confirm the data provided during registration, and to request supporting documents in this regard. Failure to provide such documents, at the discretion of the Licensor, may be assumed to be equivalent to the provision inaccurate information, in connection with which the latter has the right to deny the User registration;
- to carry out marketing activities, including by mailing relevant information to the User’s e-mail and/or in the form of SMS-messages;
- to other rights of the Licensor provided by this Public Offer.
- Obligations of the Licensor:
- accept and process registration forms of the Users;
- not to post in the Application any files that contain or may contain viruses and other malicious programs;
- not to describe and not to promote criminal activities, not to post instructions or guidelines for committing criminal acts;
- not to post in the Information Resource/Application any information that violates the rights of third parties to the results of intellectual activities;
- accept funds for payment for the Services, if such method of payment is provided on the Website, Information Resource and/or in the Application;
- other obligations of the Licensor provided by this Public Offer.
- The Licensor has the right:
- Payment for Services
- Certain services related to the use of the Application may be rendered by the Licensor for a fee.
- In case of rendering certain paid services, the Licensor from time to time shall publish or otherwise inform the Users of their cost and terms of payment, and the User shall agree to pay for such services, including by transferring funds to the Licensor via payment systems and payment methods supported by the Licensor. The list of payment systems and methods available for payment shall be determined by the Licensor unilaterally and is specified in the Application.
- The User agrees that the funds paid by the User and credited by the Licensor, including, on the User’s Account, shall not be returned to the User. The User can use them to pay for the services and / or materials available on the Website and/or Information Resource.
- If the User chooses a tariff plan and method of payment (payment through a payment system, online banking, etc.), on a permanent basis, the User pays a Subscription fee according to the chosen tariff plan, which is a fixed monthly payment (period 30 (thirty) days from the date of payment) and depends on the price of the tariff plan chosen by the User and is payable to the Licensor’s current account in advance, or a subscription to the selected tariff plan (for a period of 1 (one) month or 12 (twelve) months at the User’s choice in accordance with the selected tariff plan), received in advance as a single payment for the selected period, taking into account the acceptance of payments by some banking systems. Payment for services can be performed without the direct participation of the User, but upon his/her prior consent on an ongoing basis by automatically debiting funds from a bank account or an account in the electronic payment system of the User, etc., in accordance with the rules and conditions of the bank and / or payment system, subject to the availability of the funds in such an account. This clause constitutes the User’s consent for his/her serving bank from to debit his/her account when the “Pay” option is selected upon having installed and on paying for services through online banking on computers and other devices. Automatic deduction of funds for services occurs systematically, in accordance with the price of the tariff plan selected by the User and subscription to the tariff plan (for a period of 1 (one) month or 12 (twelve) months of choice User in accordance with the selected tariff plan). In the event of an unsuccessful attempt to debit funds from the User’s account at the automatic debit, the automatic debit will be carried out until the successful debit occurs. The User may at any time cancel further automatic debit in the Personal Account or by contacting the Licensor’s technical support by phone numbers or other way determined by the Licensor on the Website and / or Information Resource.
- The User hereby agrees to the automatic extension of the tariff plan or subscription with the Licensor’s right to the automatic debit of funds from the User’s account for the latter’s use of such tariff plan or subscription, had the User chosen the tariff plan or subscription and not refused from such automatic extension of the tariff plan or subscription by checking the boxes.
- In case of non-receipt of the Subscription fee in full as a prepayment, the provision of Services to the User shall automatically terminate. The Services provision shall automatically resume from the moment of the Subscription fee receipt in full to the Licensor’s account.
- The User independently determines the volume of consumed Services within the term, volume and other conditions of the provision of the Services of the relevant list defined by the Licensor in the tariff plan chosen by the User. If for any reason (other than the Licensor’s fault) the User does not use the access to the Service provided to him, the relevant Service is considered to be properly provided.
- The Licensor shall reserve the right to change or introduce new fees or charges and pricing structure at any time prior to invoicing. The User understands and agrees that the User is responsible for any refusal to provide agreed informational services in accordance with the price list of the relevant Customers.
- The Licensor has the right to independently set or terminate special payment modes for certain types or for all Services, including to set a mode of discounts or free-of-charge basis for certain types or for all Services. Notices of such changes, implementations, settings are posted by the Licensor on the Website and/or the Information Resource.
- The User is responsible for the accuracy and reliability of the information provided by them when filling out the registration form, for storing their Account and password, and for all actions performed in the Application under their Account and password.
- The User is responsible for their own actions in connection with the creation and posting of comments in the Information Resource/Application in accordance with applicable Legislation.
- In case of claims by third parties against the Licensor related to the actions of the User, the User undertakes to settle these claims by own efforts and at their own expense with third parties, protecting the Licensor from possible losses and reimbursements.
- In the event that claims from third parties to the Licensor will cause losses and/or the Licensor will pay such third parties penalties, compensation, damages, costs, etc., the Licensor has the right to demand, and the User undertakes to reimburse them to the Licensor (penalties, compensations, losses, expenses, payments, etc.).
- Limitation of Liability
- The Licensor assumes no responsibility for:
- correctness and reliability of medical prescriptions, the parameters of which are entered by the User; the recommendations provided when using the Application are for guidance only and are not binding on the User;
- illegal or other actions of the User and (or) third parties, which prevent the use of the Information Resource/Application by other users;
- for any actions of the User;
- for the accuracy and correctness of the information provided by the User during registration;
- for any errors, omissions, interruptions, deletions, defects, delays in processing or transmission of data, illegal access of third parties to the results of intellectual activity, which are posted in the Information Resource/Application;
- for the compliance of the Information Resource/Application in its entirety or of its sections with the expectations of the User, error-free and uninterrupted functioning of the Information Resource/Application, termination of the User’s access to the Information Resource/Application for any reason;
- loss by the User of the opportunity to access the Account created by them (loss of login, password, other information necessary for the use of the Application);
- incomplete, inaccurate or incorrect indication by the User of their data when creating an Account;
- lack of the User’s access to the Internet and the quality of services of the Internet providers;
- the Content of the advertisement shown by means of the Information Resource/Application.
- The Licensor does not guarantee that:
- the Information Resource/Application will meet the subjective requirements and expectations of the User;
- the Information Resource/Application will function without interruptions, quickly, without technical failures, reliably and without errors;
- the Information Resource/Application will be available for use around-the-clock, at a certain point in time or during a certain period.
- The Licensor assumes no responsibility for direct or indirect losses, as well as for lost profits of the User or third parties as a result of:
- use or inability to use the Information Resource/Application;
- unauthorized access by third parties to the User’s personal information, including that linked to the Account created by them;
- statements or conduct of third parties.
- In all circumstances and without prejudice to the Licensor’s rights under this Agreement, the Licensor’s liability to the User is limited to an amount not exceeding the amount of payments received by the Licensor from the User prior to the occurrence of circumstances that caused the Licensor’s liability.
- The User agrees that the User shall use the Services, Website and/or Information Resource at their own discretion and at their own risk on a “as is” basis, and accepts the Licensor’s waiver of any direct or indirect guarantees, including those regarding the marketability, suitability for a particular use or purpose, non-infringement, ownership, effectiveness, satisfaction with use, value, data accuracy and system integration.
- The User understands and agrees that neither the Licensor nor its employees, managers, related parties, affiliates or representatives are liable for any damages/losses, in particular, direct or indirect, including, without limitation, loss of revenue, profits, reputation, goodwill, other non-material losses in connection with the use of the Services, the Website and/or the Information Resource.
- The Licensor assumes no responsibility for:
- Settlement of Disputes
- All disputes arising in connection with this Agreement shall be settled by negotiation between the Parties.
- Any claims of the User arising in connection with this Agreement shall be submitted to the Licensor by e-mail to firstname.lastname@example.org.
- The Licensor does not consider anonymous claims or claims that do not allow to identify the User on the basis of data provided by them during registration.
- Personal Data
- By accepting the Terms of this Public Offer, the User gives his/her consent in accordance with the Law of Ukraine “On Personal Data Protection” dated 01.06.2010. No. 2297-VI (hereinafter referred to as the Law) for processing by the Licensor of their personal data and confirms that, by giving such consent, they act of their own free will and in their own interests. The consent applies to the following information: name, surname, patronymic, e-mail address, telephone number and other information related to the User, as well as the following personal data provided by the User both when filling out the registration form and when filling out their profile; cookies; IP addresses; parameters and settings of Internet browsers. The consent to the processing of personal data is provided by the User for the purpose of executing this Agreement to perform any actions regarding personal data, including, without limitation: collection, systematization, accumulation, storage, adaptation, clarification (update, change), use, distribution (including through sale or transfer), cross-border transfer, depersonalization, blocking, destruction, as well as the implementation of any other actions with personal data in accordance with effective Legislation.
- Processing of personal data is carried out by the Licensor in the following way: processing of personal data using automation tools. When processing personal data, the Licensor is not limited in the use of methods of their processing.
- Personal data provided by the User will be available to the Licensor’s employees. The Licensor does not sell or disclose personal data to third parties unnecessarily except as provided for in this Agreement. In particular, the Licensor may use the services of third parties to process the User’s personal data. This processing is carried out for various purposes, for example, to send information materials. Independent service providers agree to mandatory confidentiality and are not allowed to use the User’s personal data for other purposes. The Licensor also transfers personal data of the User to law enforcement, tax, fiscal and other competent authorities to the extent required by current legislation of Ukraine, or, if it is necessary to prevent, detect or stop criminal acts and fraud, as well as to protect the property rights of the Licensor and third parties.
- The User’s permission to process personal data is valid for the entire term of this Agreement. By concluding this Agreement, the User also confirms that they also acknowledge and understands the scope of the Licensor’s rights as a personal data subject in accordance with the Law of Ukraine “On Personal Data Protection”.
- General Data Protection Regulation GDPR
- The following types of personal data can be collected, stored and used:
- Information about the User’s computer and other device, including IP address, geographic location, browser type and version, and operating system;
- Information on visits and use of the Application, including the source of referrals, duration of visits, page views and ways of navigation;
- Information that the User enters during registration in the Application, for example, e-mail;
- Information that the User enters when creating a profile in the Application. For example, name, date of birth;
- Information entered by the User to subscribe to emails and/or newsletters;
- Information generated while using the Application, including when, how often and under what conditions the User uses it;
- Information concerning all the services of our Application used by the User, or the transaction that the User performs through the Application, which includes the name, telephone number, e-mail address;
- Any other personal data that the User provides to the Licensor when using the Application;
- Information about third parties from which personally identifiable information has been removed, such as anonymized case history, other information transmitted for scientific or educational purposes or for statistical and marketing research purposes.
- The use of personal data provided to the Licensor through the Application:
- Maintenance of the Application;
- Personalization of the Application;
- Providing access to services available when using the Application;
- Sending statements, invoices and reminders about payment for the use of certain paid services of the Application;
- Send marketing commercial messages to the User;
- Sending e-mails for which the User will make a separate request;
- Sending e-mails (newsletter) to the User if the User has subscribed to it (the User may unsubscribe at any time);
- Sending to the User marketing communications related to the Application or the business of third parties that, in the opinion of the Licensor, may be of interest to the User;
- Providing third parties with statistical information about Licensor’s users;
- Work with requests and complaints sent by the User regarding the functioning of the Application;
- Application security and fraud prevention;
- Verification of compliance with the conditions governing the use of the Application;
- Other uses. Privacy settings can be used to limit the User’s information in the Application, and the User may at any time stop using the services of the Application and/or request the deletion of their registration data.
- International data transmission.
- The information that the Licensor collects may be stored, processed and transferred between any country, including the countries of the European Economic Area, and those, in which the Licensor conducts activities, in order to allow the use of information in accordance with this policy.
- The information that the Licensor collects may be transferred to countries that have an appropriate level of personal data protection equivalent to that in force in the European Economic Area. The member states of the European Economic Area, as well as the states that have signed the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, are recognized as ensuring an adequate level of personal data protection.
- The personal data that the User posts in the Application may be accessed via the Internet by the registered Users of our Website around the world. We cannot guarantee the prevention of the use or misuse of such data by them.
- Storage of Personal Data.
- This section sets out the data storage policy and procedure aimed at ensuring that the Licensor complies with its legal obligations regarding the storage and deletion of personal data.
- The personal data that the Licensor processes for any purpose cannot be stored after the termination of the User’s registration in the Application and deletion, for this reason, of their registration data.
- The User’s data will be deleted immediately upon their request sent in an e-mail to the administrator of the Application.
- Notwithstanding the other provisions of this section, the Licensor will store documents (including electronic documents) containing personal data:
- to the extent that the Licensor must do so in accordance with the legislation;
- if the Licensor believes that the documents may be relevant to any current or future litigation;
- to fix, exercise or protect the legal rights of the Licensor (including the provision of other information to prevent fraud and reduce financial risk).
- Security of User’s Personal Data.
- The Licensor will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of the User’s personal data.
- The Licensor will store all personal data of the User on secure (password and firewall protected) servers of the Licensor.
- All electronic financial transactions through the Application will be protected by encryption technology.
- The User acknowledges that the transmission of information (data) over the Internet is inherently dangerous and the Licensor cannot guarantee the security of information (data) sent over the Internet.
- The User is responsible for confidential storage of the password they use to access the Application, and the Licensor will not ask to provide a password (unless the User is logged in to the Application).
- Final Provisions
- Geographical Limitations. The Licensor does not state that all goods, services and/or materials available on the Website and/or the Information Resource are appropriate or available for use in locations outside the legal regime of applicable Legislation.
- Trademarks. Some names, logos and other materials displayed on the Website and/or the Information Resource may be trademarks, trade names, service marks or logos (hereinafter referred to as the Marks) of the Licensor or other organizations. You may not use such Marks without the express written permission of the Licensor. Ownership of all such Marks and the goodwill associated with them remains with the Licensor or other entities.
- Confidentiality and communications.
- The Licensor complies with applicable Legislation to ensure the proper protection of confidential information, which has become or may have become familiar to the Licensor during the Customers’ provision of the informational services.
- The Licensor keeps in secret the information about the fact of the Clients’ application for medical assistance to the Customers, as well as, if such becomes familiar to it, the state of the Clients’ health, diagnosis and other information obtained during their getting of the informational service.
- The provision of information, including possibly constituting medical secret, without the consent of the User or their legal representative is allowed for examination and treatment of the User who is unable due to their condition to express their will and in other cases provided by Legislation.
- The User is informed and understands that the Service is rendered through open communication links and that these links do not guarantee compliance with the confidentiality of the information transmitted.
- The Parties undertake to keep in secret the medical, financial and other confidential information received from the other Party when executing of this Agreement.
- As part of the provision of the Services to you, we may need to provide you with certain notices, such as meeting reminders, service announcements, privacy notices, administrative notices and other notices about the Services, etc. (hereinafter referred to as the Notices). Such Notices are considered part of the Services and your Account.
- This Public Offer and all relations between the Licensor and the User arising from this Public Offer are governed by the Legislation.
- If, for any reason, any of the terms of this Public Offer are rendered void or such that have no legal force, this does not affect the validity or applicability of other terms of the Public Offer.
- This Public Offer is concluded for an indefinite period and extends its effect to all Users from the moment of their registration.
- Apple HealthKit. We use Apple’s (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; “Apple”) HealthKit (for more information see here) framework, which provides a central repository for health and fitness data on iPhone and Apple Watch and – with the user’s explicit consent – lets apps communicate with the HealthKit store to access and share this data. We process the following data, obtained through the HealthKit framework and the Apple CoreMotion processor (for more information see here), for the purposes described below and with explicit consent by the user: steps, calories, distance, duration, and heart rate. New data attributes may be added to the HealthKit framework, which will be portrayed in the Product and which you have to consent to. Doctor Online analytics service providers may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in healthy habits. Doctor Online does not use information gained through the HealthKit framework for advertising or similar services. You can always stop Doctor Online from accessing your data by changing the settings of your mobile device.