I. IDENTIFYING DATA ON THE INFORMATION SOCIETY SERVICE PROVIDER
According to article 10 of Act 34/2002, of 11 July, on Information and Electronic Commerce Society Services, you are informed of the identifying data on the patient’s portal titleholder (hereinafter, Portal or Patient Portal) and of the computerised application for tablets, smart or intelligent phones (hereinafter, APP): Fundación Instituto Valenciano de Oncología (hereinafter, IVO); with fiscal identification number (CIF) G46129698; with effects, for notification purposes, in Valencia (Spain), calle Profesor Beltran Báguena 8, postal code 46009; telephone 961114000; fax 961114346; and email informacion@fivo.org.
II. TERMS AND CONDITIONS OF USE OF THE PATIENT’S PORTAL AND APP
- Introduction
Access and use of the Patient’s Portal and APP implies the acceptance of the following terms and conditions of use. It is recommended that users carefully read these terms and conditions periodically, since they may be modified. The IVO reserves the right to unilaterally modify the terms and conditions of use of this Portal and the APP. Any change in this regard will be published in a visible manner. Once the terms and conditions of use have been modified, should you choose to continue to use the services that are provided, it will be considered that you have accepted the modifications.
- Purpose of the Portal and the APP
To provide improved services, the IVO, through the Patient’s Portal, offers its patients a communication channel by which they may access their clinical data and manage communication with the IVO and its medical professionals.
The Patient’s Portal and the APP permit, among others, the following activities:
Consultation, printing or storage of existing clinical records; modification of user register data; online management of appointments and request of receipts for said appointments; suggestion-making; request that the IVO contact the patient; consultation of services available in the IVO.
The information contained or the services offered through the portal or the APP are those that the IVO decides upon at all times, and they may vary over time. Therefore, there is no obligation, on behalf of the IVO, to ensure the availability of the services. The IVO may make changes or add new functionalities, for which it may publish updates in the portal and, when relevant, in the APP, to inform the User of any changes.
- User registration
User registration is a requirement for access to the Patient’s Portal or to the APP. The User is considered to be the individual making use of the service, once registered.
The User should provide truthful and accurate identifying data so that the system will generate access passwords, as means of authentication and identification, to be sent via email.
In the case in which the system detects a registration error, it should contact the IVO to verify the user’s identity, upon presentation of the opportune identification documentation.
The user’s names (login) and passwords permit identification of the user in a personalised and individualised manner, and offer access to the IVO system.
These user names and passwords are strictly personal, confidential and non-transferable. The user is responsible for maintaining the confidentiality of the same, and should refrain from disseminating or transferring them to third parties. Unless explicitly notified of the loss or theft in advance, the User expressly agrees that the IVO will assume that any services carried out using the identification passwords were made by the registered user. If the user suspects that any of the passwords may have been disclosed to unauthorised third parties, either accidentally or fraudulently, he/she should notify the IVO of this possibility as soon as possible via the contact data referred to in section I, which will proceed to cancel his/her passwords and provide him/her with new ones.
In all cases, passwords should be changed periodically, upon request.
The IVO may block the access and use of the Portal, APP and/or services available in the same, when deemed necessary for security reasons. The service will automatically be blocked if successive errors occur in the assignment of user identification passwords for the use of the same.
- Minors
Minors under the age of sixteen are prohibited from using the IVO’s Patient’s Portal and APP. No personal information will be collected on minors under the age of sixteen without the prior consent of his/her father, mother, guardian or legal representative. For access to specific restricted areas or resources, the minor should request the express authorisation of his/her father, mother, guardian or legal representative.
- Technical requirements
Access to the Patient’s Portal and APP must be made using a device that complies with the web’s hardware and software compatibility requirements (which may vary over time), and requires Internet access. The user should be informed that these factors may influence the performance and possibility of accessing the services available in the Portal or APP.
The IVO is not responsible for the impossibility of access or deficiencies in the functioning of the Portal, APP and/or services due to the use of inappropriate devices or caused by interrupted Internet service resulting from saturated networks or other causes.
The IVO will make every effort to ensure that the browsing is carried out under the best possible conditions and to prevent any type of damage resulting during the same.
Access to the Portal and APP is made in a secure environment; for this, the information is transferred in an encrypted manner.
The User will be responsible for ensuring that the information to which he/she has access and use in the Portal and APP cannot be viewed by unauthorised individuals.
- Incident notifications
The User should notify any incident that he/she detects, as soon as possible, and on the record, via the contact data referred to in section I. An incident is defined as any anomaly that may affect or jeopardise the availability of the service, the security of the data, or any detected breaches of security regulations.
- Restrictions in usage
The User agrees to use the Portal and the APP in a diligent, proper, legal and lawful manner, and in accordance with these terms and conditions. He/she also agreed to abide by the morals, generally-accepted customs and terms of public order. For this purpose, the user will refrain from engaging in illegal, prohibited or harmful activities that may jeopardise the rights and interests of third parties or which, in any manner, may harm, overload, deteriorate or impede the normal use of the services, computer and telecommunications equipment or documents and files of any content stored in the IVO’s computer equipment on other users or any Internet user (hardware and software).
Access to the Portal and APP and the correct use of the information contained in these platforms is the responsibility of those carrying out these actions, and any incorrect, illegal or negligent use by the User is not the responsibility of the IVO.
The placement or transfer of illegal, slanderous or obscene content or any other content that may be or lead to criminal behaviour, cause civil liability or breach the applicable law, is strictly prohibited.
For example, but not limited to the same, the User expressly agrees to refrain from storing, using, transferring or disseminating the following:
- Cracks, serial numbers of programs or any other content that violates the intellectual property rights of third parties.
- Distribution of viruses via the Internet, worms, Trojans or any other destructive activity such as saturation, mailbombing or denial of service attacks.
- Activities that may interrupt or interfere with the effective use of the network resources of other individuals.
- The collection and/or use of personal data of other users without their express consent or contradicting that included in the data protection regulations.
- The sharing of the given access passwords with any unauthorised legal or natural persons/entities.
- The destruction, alteration, non-use or any other means of damaging the data, programs or electronic documents of IVO or thirds parties.
- To hinder the access of other users through the massive and unjustified consumption of computer resources through which the IVO offers any of its services, and to carry out actions that damage, interrupt or cause errors in these systems.
- Use of the system to attempt to access restricted areas of the Portal, APP and/or server, without the due express and written authorisation of the IVO.
- User liability.
The user will be responsible for the following:
- Maintaining the confidentiality of the access passwords of the Portal and APP.
- Providing proper information to the IVO; ensuring that any errors in the data provided will be the exclusive responsibility of the user. Likewise, the user will be responsible for updating all information provided to the IVO, which responds, at all times, to the real situation of the user.
- Damage and harm caused to the IVO or third parties due to the data provided, as a result of the use of non-updated, false or inaccurate data and the use of user passwords by third parties.
- In the case in which the user obtains copies of his/her clinical data, it will be the only party that is exclusively responsible for the use and storage of this information.
- IVO guarantee and liability
Although the IVO uses systems that are compatible with the majority of the existing market technologies, it cannot ensure compatibility with all existing devices and that the user will be able to use the same. Similarly, the IVO does not guarantee the availability and continuity of the functioning of the Portal, APP and the services of the same.
The IVO will not be liable for the following:
- Cases in which the Portal, APP or services are unavailable due to force majeure or temporary suspension due to technical causes. Therefore, the IVO does not assume the responsibility for harm, damages or losses caused by events that could not be foreseen or that were inevitable, either due to accident or force majeure.
- Any fault, technical error, accident, damage, manipulation or interruption to the Portal, APP, service or other incident that may arise in the products, equipment or technical services external to the IVO, whose use is necessary for access to the services.
- Damage resulting from the undue use by users of the Portal, APP or services available through the same.
- The legality of other third party websites that may be accessed via the Portal, or the legality of other third party websites that may be related or linked to from this Portal.
- Intellectual or industrial property
Information contained in the Portal and in the APP (not related or associated with the user), as well as its graphic design and the codes used for the same, are protected by copyrights or other protections found in Royal Legislative Decree 1/1996 of 12 April, approving the Consolidated Text of the Intellectual Property Act. These rights pertain exclusively to the IVO, or its licensors and, therefore, any act of reproduction, distribution, transportation or public communication are expressly excluded, as well as any type of transfer of all or part of the content and, in general, any cause which, according to current law, may be protected by the intellectual property rules.
No part of the Portal or APP may be modified, copied, distributed, included, reproduced, downloaded, extracted, shown, published, transferred or sold in any manner or by any means, in full or in part, without the prior written consent of the IVO. The user recognises and agrees that the use, reproduction, communication and/or distribution, modification, alteration and breakdown, even when for strictly personal, private and non-profitable, non-commercial or non-lucrative purposes, is strictly prohibited.
All brands, logotypes and anagrams shown in the Portal or APP are the property of the IVO, or, when relevant, of licensing third parties. The use, without prior consent, of any element of the Portal or APP, that is subject to protection via current industrial property legislation, is strictly prohibited. Specifically, the use of brands, commercial names, shop signs, names, logotypes, slogans or any other type of distinctive sign belonging to the IVO is strictly prohibited.
The IVO reserves the possibility of implementing any relevant legal action against users that violate or breach the intellectual or industrial property rights.
- Service termination
The user may voluntarily remove him/herself from the service at any time. In addition, the following behaviours may result in the loss of the user condition:
- Failure to pay for the services or amounts owed to the IVO.
- Prevent the normal development of the services available in the Portal and APP.
- Involvement in any legal or administrative procedure that may harm the commercial image or reputation of the IVO.
- Breach of these terms and conditions in any other manner.
- Any other behaviour as determined by the IVO which may harm and damage the IVO.
The removal of the account will not affect any of the current User obligations existing at the time of the same.
12. Applicable jurisdiction and law
These terms and conditions of use are governed by Spanish law. Except when legally established otherwise, the courts of Valencia (Spain) will be competent in the resolution of disputes arising between the parties.