Data protection

Public statement

At TMC, a Unilabs company, we CARE BIG. This means that it is part of our culture to protect what our customers care the most about, of course this includes their personal data. We have always treated personal data with the highest level of security within our organisation and by complying with applicable data protection laws.

The implementation of the EU data protection framework – or General Data Protection Regulation (GDPR) – imposes a new set of rules that Unilabs will be compliant with.

Where does TMC stand with GDPR?

Wherever personal data is entrusted to any of our companies, we are dedicated to meet with GDPR requirements. This not only applies to the processing of patient data, but also that of our employees, customers, suppliers, business partners and other individuals whom we have work relations within the framework of our activity.

We have screened GDPR requirements, with the support of a top-ranked firm in data protection, and have set up a data protection team, led by a Group Data Protection Officer.

Data processing: GDPR requires that personal data be collected and processed fairly, and for specified, explicit and legitimate purposes. Our processing operations are inventoried in a register, and each of them rely on a clear legal basis. For example, a processing operation can be necessary for the performance of a contract, or for the purpose of legitimate interests pursued by TMC. We take particular care when we resort to third parties to process the personal data they are entrusted with and ensure that our data processors are subject to appropriate due diligence and contractual agreements.

Transparency: GDPR requires that personal data should always be controlled during its lifecycle, and appropriate steps taken to ensure it is adequate, relevant, limited, accurate and up-to-date. We are fully transparent on how personal data is processed by our companies. Personal data is mapped to allow collection, storage, usage, modification or deletion of such data according to GDPR requirements and data subjects’ requests.

Data security: At TMC, data security is of the utmost importance to us. We implement all appropriate technical and organisational measures to provide the highest level of security and ensure personal data is accessible and protected.

You can also read our dedicated GDPR FAQ document to find out more on how we stand with regards to the new legislation.

What’s Next?

At TMC, we do our best to provide an incredible customer experience. We will continue to make additional required operational changes following on from the new legislation, and will keep our clients, patients, providers and all regulatory authorities informed throughout this development.

GDPR is a great opportunity to work hand in hand with every healthcare organisation in order to provide better care to individuals, whom entrust us with the protection of their personal data.

If you would like to know more about GDPR’s requirements, read more about the new regulation on the European Commission website: https://ec.europa.eu/info/law/law-topic/data- protection/data-protection-eu_en

For more information about our compliance journey mail us at dataprotection@telemedicineclinic.com and  dpo@unilabs.com.

Information notices

PRIVACY AND COOKIES POLICY

LEGAL NOTICE

  1. Legal notice

EUROPEAN TELEMEDICINE CLINIC, S.L., Spanish company with tax identification number B-62.799.689, duly registered within the Commercial Registry of Barcelona, Sheet B-247414, Volume 44157, and Page 225, with registered offices at C/ Marina, 16-18 p.21, Barcelona,  telephone (+34 935500750) and e-mail dataprotection@telemedicineclinic.com provides and operates the website www.telemedicineclinic.com.

  1. Information about the legal notice and the privacy and cookies policies

When using our website, you are required to accept this Legal Notice. For this reason, we ask you to read the Legal Notice carefully before you start to use the website and to accept it. If you do not accept this Legal Notice, please refrain from using our website.

PRIVACY

  1. Personal data processing

Pursuant to Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 (hereinafter “GDPR”), we notify you that all personal data that the User provides thought the Website www.telemedicineclinic.com (hereinafter, the “Website”) will be incorporated and processed in the files property of the company EUROPEAN TELEMEDICINE CLINIC, S.L., (hereinafter, “TMC”) in order to be able to respond to your requests and keep you informed, including by electronic means, about our products and services, as well as to be able to manage enrollment and online participation in our courses TMC Academy.

It is necessary to fill in all data requested through the Website in order to achieve optimum provision of the services that we make available to you. If you do not provide the data requested by TMC, then there is no guarantee that the information and services that we make available can be provided, are provided correctly or are adapted to the User’s needs.

  1. Basic information on personal data protection
Basic information on data protection
Data Controller EUROPEAN TELEMEDICINE CLINIC, S.L.
Recipients Data will be transferred to staff working for Telemedicine Clinic, Ltd., Australian Telemedicine Clinic, Pty. and Telemedicine Clinic Skandinavien AB
The user’s Rights Access, rectification, cancellation and opposition, restriction of processing, deletion, data portability and the right not to be subjected to individualized automated decisions
Detailed information You can consult detailed information on the protection of your data below.
  1. Detailed information on personal data protection

3.1. Party responsible for processing

The party responsible for processing the User’s data is the company EUROPEAN TELEMEDICINE CLINIC, S.L., with Tax Organisation number B62799689, and with registered office at C/ Marina, 16-18, Pl. 21, 08005, Barcelona, telephone (+34 935500750) and e-mail dataprotection@telemedicineclinic.com.

We hereby inform you that the position of Data Protection Officer is located in Unilabs Switzerland, e-mail  dpo@unilabs.com

3.2. Purpose of data processing

TMC will access the User’s personal data solely and exclusively for the purpose of being able to respond to User’s requests and being able to manage the inscription and online participation in our TMC Academy courses.

In addition, in response to this purpose, a “commercial profile” will be compiled on the basis of the information provided only if the User expressly grants consent to receive commercial communications.   No automated decisions will be made based on this profile.

Purpose Legitimation
To manage incoming queries and if needed, send information and conduct commercial research. Legitimate interest of TMC to manage its website
To do marketing and create business relations Legitimate interest of TMC to develop services
To commercialise services Performance of a contract

3.2.1. Data storage

The personal data provided will be stored as long as the interested party does not request their deletion, or, if applicable, during a 5-year period staring from the most recent confirmation of the User’s interest. In these cases, they must be destroyed or returned to the party responsible for this; any support or document recording any personal data subject to processing must receive the same treatment. All this is true without prejudice to the fact that there is a legal provision requiring storage of certain data, or that these data will be of use in the event of claims based on the agreed provision of services.

3.2.2. Data retention

We retain the data related to user accounts on the Academy platform for a total of five years since the last user login after which the user is first notified before the data gets deleted.

3.2.3. Deleting personal data

On the Academy site where personal data is stored related to the user account the user has the ability to go in an delete their data by deleting their account.

3.2.4. Data in backups

When a user account is deleted on the Academy site it is possible that copies of the data can still be present in encrypted backups for up to six months.

3.3. Legitimation for data processing

The legal basis for processing of the User’s data is to respond to his requests and to be able to keep him informed, including by electronic means, about our products and services, as well as the management of inscription and online participation in our TMC Academy courses.

Moreover, this purpose does not depend on consent for data that are not necessary for this purpose.

3.4. Recipients

The User expressly authorizes the transfer of his data to Telemedicine Clinic, Ltd., Australian Telemedicine Clinic, Pty. and Telemedicine Clinic Skandinavien AB so that TMC may carry out actions with purposes stipulated in this privacy policy. In the event that the User provides third-party personal data to TMC, then the User declares that these data are accurate and that he has informed and requested the consent of the third parties whose data he provides to us to the processing by TMC of their personal data in the same terms in which the User has been informed and provided his consent in the present privacy policy.

In addition, TMC may communicate the User’s processed personal data to collaborators of TMC who have a service contract and who are equipped with the proper technical and organizational measures to preserve the security and privacy of the data, based on the applicable regulations concerning data protection.

3.5. Exercise of rights

The User may exercise the following rights, stipulated in the GDPR, concerning the processing of his personal data:

  • The right to request access to personal data regarding the interested party.
  • The right to request their rectification or deletion.
  • The right to request the restriction of their processing,
  • The right to oppose processing.
  • The right to data portability.
  • The right not to be subjected to automated individualized decisions.

These rights may be exercised by writing to: EUROPEAN TELEMEDICINE CLINIC, S.L., a C/ Marina, 16-18, Pl. 21, 08005, Barcelona or to the e-mail address: dataprotection@telemedicineclinic.com. In both cases the interested User must attach a copy of his National Identification Document, passport or other valid document that serves to identify him. The communication must be made immediately, and in no case later than the next working day after the receipt of the request, together, when relevant, with other information that may be relevant for resolving the request.

3.6. Security measures and levels

TMC has adopted the measures necessary to maintain the level of security required, in accordance with the nature of the personal data processed and the circumstances of processing, in order to prevent, to the extent possible, and always in accordance with the state of technology, the modification, loss, or unauthorized processing or access to these data.

In addition, TMC guarantees that it has implemented mechanisms for:

  1. Guaranteeing permanent confidentiality, integrity, availability, and resilience of the systems and services for processing.
  2. Restoring the availability and access to personal data rapidly, in the event of a physical or technical incident.
  3. Verifying, evaluating and assessing, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the security of processing.

3.7. Scope of application

In order to comply with the legislation in force on the subject of data protection, the structure of files, equipment and information systems will be applied to all files, whether temporary or permanent, that are property of TMC and that contain personal data, as well as to any information equipment or system that processes them.

3.8. Consent of the User

The User declares that he has read and expressly accepted the present Privacy Policy by singing up at TMC, hereby granting his express and unequivocal consent to TMC to process his data in accordance with the purposes and services described herein.

The User expressly authorizes the transfer of his data to third parties so that TMC may carry out actions for purposes stipulated in this privacy policy. In the event that the User provides third-party personal data to TMC, then the User declares that these data are accurate and that he has informed and requested the consent of the third parties whose data he provides to us to the processing by TMC of their personal data in the same terms in which the User has been informed and provided his consent in the present privacy policy.

3.9. Confidentiality and professional secrecy

The data included in all private communications between TMC and the clients or Users will be handled with absolute confidentiality, and TMC accepts the obligation of secrecy concerning the personal data, its duty to safeguard these and to take all measures necessary to prevent the alteration, loss and unauthorized processing or access to these data, pursuant to the Spanish Regulation on Security Measures for Computerized Files that contain personal data.

In addition, all information that the parties exchange among themselves, or that the parties agree is of this nature, or that simply is about the content of that information, will be considered confidential in nature. The viewing of data via Internet will not constitute direct access to this data unless there is express consent of its owner for each occasion.

3.10. Changes in the data security and protection policy

TMC reserves the right to modify its data security and protection policy in order to adapt it to new developments in regulations or case law, as well as those that may be derived from codes of the sort existing on this subject or due to strategic corporate decisions, and this enters into force on the date of publication of this modification on TMC’s Web page.

  1. Communications of data carried out by the User himself

Before providing personal data relating to third persons on the Website, the User must obtain their prior, express consent, after having informed them of the terms included in this Privacy Policy. The User is obligated to release TMC from liability from any possible claim, fine or sanction that it could be obligated to endure as a result of the User’s non-compliance with the obligation described in this paragraph.

COOKIES POLICY

1.- Definition and function of Cookies

The website www.telemedicineclinic.com (the “Website”) uses cookies and other files that function in a similar way. Cookies are small files that are downloaded on the devices used to access the Website. Cookies enable the Company, among other things, to store and recover information on a user’s browsing habits or those of his computer, and, depending on the information that they contain and the way that he uses the device to access the Website, they can be used to recognize the user.

2.- Types of Cookies and purposes for which they are used.

While you are browsing the Website, different types of cookies will be used, including both own cookies and third-party cookies, which can be classified into the following categories:

Performance Cookies: These cookies are used to enhance the User’s browsing experience and to optimize the functioning of the Website. These cookies store configurations of the Services so that the User does not have to reconfigure them each time that he visits the Website.

Geo-location Cookies: These cookies are used to store geolocation data from the device that the User uses to access the Website, in order to offer more appropriate contents and services.

Analytic Cookies: These cookies are used to compile information on the User’s browsing experience on the Website.

Advertising Cookies: These cookies are used to collect information on the advertisements displayed to each User through the Website.

In addition, this type of cookies used on the Website can distinguish between own cookies and third-party cookies.

Own cookies are cookies create and/or managed by the party responsible for the Website. Third-party cookies, on the other hand, are those created and/or managed by analytic service providers, social networks, customization and advertising services other than those of the Company.

3.- Deactivation or deletion of cookies.

This enables blocking, canceling or deleting cookies installed on the User’s device by means of configuration of the options of the browser installed on the User’s device.  For mobile devices, you must consult the terminal’s manual on how to proceed in the browser of your mobile telephone. Below, as an example, we will show you how to deactivate or delete cookies in the main browsers:

In order to deactivate or delete cookies in the Firefox browser:

https://support.mozilla.org/es/kb/habilitar-y-deshabilitar-cookies-sitios-web-rastrear-preferencias

In order to deactivate or delete cookies in the Chrome browser:

https://support.google.com/chrome/answer/95647?hl=es

In order to deactivate or delete cookies in the Explorer browser:

https://support.microsoft.com/en-us/products/windows

In order to deactivate or delete cookies in the Safari browser:

https://support.apple.com/es-es/HT201265

In order to deactivate or delete cookies in the Opera browser:

http://help.opera.com/Windows/11.50/es-ES/cookies.html

Additionally, the User must take into consideration that some characteristics of the Content of the Website are only available if permission is granted for the installation of cookies in his browser. If you decide not to accept or to block certain cookies (in accordance with their purpose), this may affect the normal functioning of the Website, as a whole or in part, or prevent access to browsing of certain contents.

4 . – Updates and changes in the Cookies Policy.

The Company may modify the present Cookies Policy according to changes in laws or regulations, or for the purposes of adapting the present policy to instructions or guidelines stipulated by the Spanish Data Protection Agency.

When there are significant changes in this Cookies Policy, the User will be notified either by an informative warning on the Website or, if needed, by an e-mail to the Users.

If, as a User, you would like more information on our use of cookies, you can send us an e-mail to helpdesk@telemedicineclinic.com

TERMS AND CONDITIONS

Ownership and purpose of the Web Platform

The website www.telemedicineclinic.com (hereinafter the “Web” or the “Platform“) is a software platform owned by EUROPEAN TELEMEDICINE CLINIC, S.L. (hereinafter the “Company” or “TMC“), a company legally incorporated under Spanish law, with C.I.F B-62799689, with registered office at C/ Marina, 16-18, Pl. 21, 08005, Barcelona and registered in the Mercantile Registry of Barcelona under volume (34460), folio (141), and page number (B247414).

Our Website has been designed to provide our users, customers and consumers detailed information about our products and services and, where appropriate, purchase our Academy training programs and medical training services.

Relations between the Web and the User are governed by Law 34/2002 of 11 July, on Information Society Services and E-Commerce, the Commercial Code and other applicable Spanish laws.

Acceptance of Terms and Conditions

Access to, and use of, our Platform as well as the information, services and content are subject to the applicable laws and regulations, and the provisions of these Terms and Conditions of Use.

The User acknowledges having read and understood the Terms and Conditions of Use of the Platform, which constitutes the entire agreement between the User and TMC. By using any of the features of our Website, the User expressly acknowledges being bound by the Terms and Conditions of Use, and Privacy Policy, of the Platform and other applicable TMC corporate policies. The User acknowledges that the services and content offered through the Platform do not infringe nor should be used to infringe the applicable laws and/or regulations.

TMC reserves the right to change the terms and conditions of Use of the Platform without any specific notice to the User. In this regard, it is essential for the User to review the Terms and Conditions of Use regularly.

Operation

Personal data. Visiting the Web does not imply that the User is obliged to provide any data about himself. If the User provides any personal data, the data collected will be used for the purpose, in the manner and with the limitations and rights established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, resulting in such case our Privacy Policy.

Registration. All users, whether registered or not, commit to browse the Web and use its content in good faith.

Username and password. A personal and non-transferable username and password must be provided both to complete the purchase of a training activity or to register on the web. The User will ensure safekeeping, proper use and integrity of said username and password.

The User is solely responsible for the choice, loss, theft or unauthorized use of any password or identification code and the consequences that may arise.

During registration, you will be required to enter User’s personal data to process orders and delivery.

Age. The User declares to be of legal age (over 18 years), to have the legal capacity to purchase the products offered on the Web, consents to be bound by this agreement and declares to understand and accept in full these Terms and Conditions.

If the User is underage, parents or guardians authorization will be required in any case to purchase products through the Web, producing sufficient proof (signed authorization letter via e-mail with a photocopy of ID card or passport, or via fax, upon the Company’s request before purchase of products).

Registration process and participation in the Academy training program

  1. Product selection. Users must register to complete the buying process of the different training products available. The user can also access these training programs through promotional access codes provided by the activity’s sponsor. The user may add programs to the shopping cart and start shopping at any time. In any case, the User must have authenticated as a health professional before being granted access to training materials.
  2. Payment gateway. After starting the purchase, the User will be requested a specific data to confirm the registration process. The payment will be made through the payment gateway, whose conditions may be found at https://stripe.com/es

Within twenty-four (24) hours from the User’s placement of his order, TMC will send the User an email acknowledging receipt and confirming the purchase. The order for training programs and, therefore, the contract will be formalized and concluded when TMC receives the payment of the price.

TMC is not liable for errors or problems of any kind in the services provided by third parties or the bank chosen by the User to make the money transfer, or for any costs associated with the resolution of said problems, except in case of negligence or mistake by TMC. In any case, TMC will cooperate in good faith with the User to resolve any issues of this nature.

  1. Prices. Prices of training programs will appear on the site at the time of completing the purchase order. The User will receive a confirmation email with the details of the order and purchase prices. All prices include the corresponding VAT.

Disclaimers

Due to the unpredictable situations which technological environments and the Internet may involve, TMC reserves the right to temporarily suspend access to, or any of the features offered by, the Platform, either for technical, safety or maintenance reasons. The suspension of services does not give the User any right to compensation, although TMC will use its best efforts to limit as far as possible any suspension or interruption of services. TMC also reserves the right to implement and make changes and/or updates to the Web at any time with or without prior notice. In any event, the User acknowledges that TMC may perform specific actions to prevent User’s access to the Platform at certain times for limited periods. In this regard, the User agrees that TMC will not be liable as a result of said actions, the deletion or failure in the provision of particular contents or functionalities of the Web platform.

TMC does not represent or warrant obtaining any specific results after using the Platform services. Therefore, under no circumstances TMC, its officers, directors or employees shall be liable for any incidental, unforeseen, special or consequential damages, including but not limited to any lost profits, data or business opportunities, predictable or unpredictable software errors resulting from, or having direct or indirect connection with, the use of the Platform.

TMC is not responsible in any way for the content, activities of any kind, products and services that are available via electronic links (links) directly or indirectly through our Platform, including websites of brands collaborating with TMC. Links included (or that may come to be included) in our Website do not represent any relationship between TMC and natural or legal persons who are owners of Websites that are available via said links, nor do they represent a suggestion, invitation or recommendation of the site or its contents.

TMC is not responsible for any loss or damage the User may suffer as a result of inappropriate use of the Platform or if the User fails to comply with the Terms and Conditions of the Web.

Intellectual Property

The User acknowledges that all rights, title, and interest in, and associated with, the Web Platform, its content and applications, if any, including any modifications, updates and new versions, as well as any trademark, trade name, know-how, copyrights, domain names and any other industrial or intellectual property rights inherent to the Platform are the exclusive property of TMC or are used by TMC under license and with permission of the owners of such rights, titles or interests. In this regard, the User does not acquire any intellectual property rights by using our Website or any of its features. In no case, such use shall be considered as an authorization or license to use the Platform contents for purposes other than those contemplated in these Terms and Conditions of Use.

Therefore, the total or partial reproduction, modification, processing, copying, distribution, public communication or any other form of exploitation on the website, its content, applications, design, and presentation of its contents and its source code and all those elements that form the structure and appearance of the Platform shall be forbidden. The User acknowledges that it is prohibited decompile, reverse engineer or make derivative works of the software that supports the functioning and access to the Website and the services contained therein.

Failure to comply with any of the provisions herein will give TMC right to exercise against the offender(s) the appropriate legal action to defend its rights, title, and interest, including the right to claim the corresponding damages.

Privacy, Data Protection, and Cookies Policy

Upon acceptance of these Terms and Conditions of Use, the User acknowledges having read, understood and accepted our Privacy Policy and Cookies Policy.

Breach

Any breach of the commitments specified in this document may cause termination or suspension, at any time, unilaterally and without notice, of the service provided to the User through the Web. In no case, said suspension or termination would give the User any right to compensation.

Law and Jurisdiction

Spanish law will govern the interpretation and application of the Platform’s terms and conditions of use The parties submit to the jurisdiction of the courts of Barcelona for the resolution of any dispute arising from the interpretation and/or execution of these Terms and Conditions of Use. However, if the Spanish or Autonomic Consumer Protection regulations allow the User to choose the courts of his place of residence, said regulations will apply.

Contact

For any questions regarding our services Platform and its governing Terms and Conditions, you can contact our offices by writing to:

EUROPEAN TELEMEDICINE CLINIC, S.L.

C / Marina, 16-18, Pl. 21, 08005, Barcelona

dataprotection@telemedicineclinic.com