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What Information is Stored and CollectedMedCheck stores personal and medical information about your patients that you may provide by using the Website Platform, Mobile App, and MedCheck Services.Personal information refers to any information from which your or your patients’ identities are apparent or can be reasonably and directly ascertained. Personal information includes but is not limited to name, address, email address, telephone number, and images. Personal information of patients and yourself will be stored in the MedCheck database, and will be kept strictly confidential, and will not be disclosed to any outside party.Medical information refers to information derived from consultations with your patients, which includes but is not limited to symptoms, test results, diagnoses, prescriptions, and treatments. Medical information derived from your practice will be collected by MedCheck and kept confidential by all MedCheck agents, employees, and officers, and may only be used by MedCheck for research purposes in a non-identifiable manner (exclusion of patient and physician names, contacts, locations, or any other information that could be used to reasonably and directly ascertain the identity of the patient or physician).MedCheck also collects information about your IP address, browser, and access history.Information collected by MedCheck may be stored in servers found within or outside of the Philippines.
How information is CollectedThrough the use of proprietary computer and internet technologies, MedCheck collects information when you register and when you access and use the Website Platform, use the Mobile App, and avail of MedCheck Services. These computer and internet technologies include searches, medical information forms, website analytics, ad serving, cookies, and submissions of data.
Use of the InformationMedCheck uses the information it collects to:
- Manage the accounts of its users;
- Provide the MedCheck Services to its users;
- Communicate with its registered users;
- Provide information about products, services, businesses, and establishments that may interest its users;
- Process transactions; and
- Produce data analytics for medical research purposes.
The medical information derived from your practice will be aggregated with the medical information from all physician practices using MedCheck, and will not be identifiable to your practice. This information will be used to produce large-scale/”big” data analysis and reports for medical research and the national health record.
Protection of Personal InformationMedCheck employs the following security measures to safeguard the personal information of its users:
- Procedural Measures
- Only limited, authorized MedCheck personnel, who are vetted through a thorough background check, are allowed to access the personal information of its users.
- Each MedCheck employee is bound to a strict confidentiality agreement, breach of which would result in immediate termination of employment and legal remedy.
- Electronic / Technological Measures
- MedCheck employs Security Sockets Layer (“SSL”) as security technology for establishing an encrypted link between our server and our website. An SSL allows sensitive information such as credit card numbers, social security numbers and login credentials to be transmitted securely.
- MedCheck also utilizes proprietary technology to encrypt sensitive personal information in order to keep it secure and confidential.
- MedCheck stores its data in the highly secure cloud infrastructure of Amazon Web Services (“AWS”) and Google Cloud Platform (“Google Cloud”). The AWS and Google Cloud infrastructures are housed in data centers designed to satisfy the requirements of the most security-sensitive customers. They have been designed to provide the highest availability white putting the strongest safeguards in place regarding customer privacy and segregation. AWS and Google Cloud infrastructures meet the requirements of an extensive list of global security standards, including: ISO 27001, SOC, the PCI Data Security Standard, FedRAMP, the Australian Signals Directorate (ASD) Information Security Manual, and the Singapore Multi-Tier Cloud Security Standard (MTCS SS 584).You have certain rights under Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, including the right to access the information that you supply to us, to dispute the inaccuracy or error of any personal information, and to lodge a complaint before the Philippine National Privacy Commission if you believe that your rights have been violated.
Updating Accounts / Closing AccountsWhile logged in to your account, you can review and revise your account information. You can close your account by doing the following steps:
- Go to “Edit Account”, and under the “Your Profile” section, select “Cancel my account.”MedCheck will retain the personal and medical information you have input into the platform for so long as you remain a user of MedCheck. Should you cancel your account, MedCheck will retain your information for a period of five years from the time your registration ceases. Thereafter, MedCheck will continue to retain some information associated with your account. MedCheck will only retain the information necessary for its protection and the enforcement of its rights under the law. MedCheck has no control over the information that has been shared with its authorized service providers, business partners and other third parties before the closure of your account.After closing your account and ceasing use in MedCheck, you can re-activate your account at any time and will have access to information previously provided.
Terms of ServiceMEDCHECK E-COMMERCE, INC. (“MedCheck”) owns and operates www.medcheck.com.ph (“Website”). MedCheck offers various online healthcare-related services (“MedCheck Services”) through the Website and the MedCheck mobile application (“Mobile App”).
PRIVACY AND SECURITYBy inputting and storing the personal information of patients into the MedCheck software, you are engaging in the processing of data, as defined in Republic Act No. 10703, otherwise known as the Data Privacy Act, and you should comply with the said provisions of the law.You must ensure the confidentiality of the personal information of your patients whom you will process, in accordance with all applicable law and the confidentiality agreement entered into between yourself and MedCheck. You shall be responsible for the use of MedCheck and your provision of medical services through MedCheck.
MEMBERSHIPYou must be a licensed physician to register as a member and use and/or provide the MedCheck Services.To register as a Physician User of MedCheck, you must provide your name, specialization, Professional Regulation Commission (PRC) license number, a valid email address, and contact number.You can cancel your status as Physician User at any time by going to “Edit Account”, and under the “Your Profile” section, select “Cancel my account.”
LICENSE TO USE MEDCHECK SERVICESAs a registered member, MedCheck grants you a non-exclusive license to access and use the Website Platform, use the Mobile App, and use and/or provide MedCheck Services for the patients that register to obtain MedCheck Services from you.
SCOPE OF MEDCHECK SERVICESThe following MedCheck Services will be available to a registered member:
MedCheck reserves the right to modify the scope of MedCheck Services at any time. MedCheck shall inform users of such changes.Please note that none of MedCheck Services constitute the practice of medicine in any jurisdiction. None of the information that may be accessed in the MedCheck forum constitutes medical advice.
- Full use of the Website and Mobile App to:
- Create, input, store, access, centralize, add to and process the medical records of your patients
- Be registered in the database of physicians and provide information about your background, specialties, schedules, and other information in your profiles, and allow patients to access such profiles
- Schedule appointments with patients and be scheduled for appointments by patients registered on MedCheck; and
- Schedule appointments for diagnostic tests and procedures with Health Facilities and Healthcare Providers affiliated with MedCheck.
PATIENT MEDICAL RECORDSMedCheck’s software provides a cloud-based, digital platform in which physicians and staff may encode the personal and medical information of their patients, and store such information for future access. Electronic medical records of patients may include the following:
- Name, age, civil status, citizenship, address, contact numbers, email address
- Information about spouse and dependents;
- Information about the person designated as the contact person in case of emergency;
- Medical History which includes but is not limited to:
- Past and present illnesses;
- Past and present medications;
- Past and present medical procedures and surgeries;
- Past admissions to Health Facilities;
- Results of Laboratory Tests; and
- Schedules of appointments with healthcare service providers who are registered or affiliated with MedCheck.The accuracy and completeness of the electronic medical records is wholly dependent on the information provided and input by physicians and staff. MedCheck is not responsible for ensuring the accuracy and completeness of the information provided by the physician and staff. Thus, MedCheck shall not have any responsibility should any information concerning patients or clients be inaccurate or missing.
CONFIDENTIALITY OF PERSONAL INFORMATIONMedCheck stores personal information about your patients that you may provide by using the Website Platform, Mobile App, and MedCheck Services. Personal information refers to any information from which your or your patients’ identities are apparent or can be reasonably and directly ascertained. Personal information includes but is not limited to name, address, email address, telephone number, and images. Personal information of patients and yourself will be stored in the MedCheck database, and will be kept strictly confidential, and will not be disclosed to any outside party.
USE OF MEDICAL INFORMATION FOR RESEARCHMedCheck stores medical information that you may provide by using the Website Platform, Mobile App, and MedCheck Services.Medical information refers to information derived from consultations with your patients, which includes but is not limited to symptoms, test results, diagnoses, prescriptions, and treatments. Medical information derived from your practice will be collected by MedCheck and kept confidential by all MedCheck agents, employees, and officers, and may only be used by MedCheck for research purposes in a non-identifiable manner (exclusion of patient and physician names, contacts, locations, or any other information that could be used to reasonably and directly ascertain the identity of the patient or physician)
SCHEDULING OF APPOINTMENTSMedCheck offers a service for the scheduling of appointments with patients that you may avail. You may register for this service by providing your clinic hours and the time slots for which patients may avail of appointments. If you avail of this service, you agree to exert reasonable effort to meet such appointments. Should you need to cancel any appointment, you agree to provide notice as soon as possible to the patient whose appointment is cancelled.
INTERRUPTION OF SERVICEMedCheck shall not be liable for any damage arising from any termination of, or loss or interruption to the Website, Mobile App, or MedCheck Services, or any technical problems affecting your access to the Website, Mobile App, or MedCheck Services.
USE OF THE WEBSITE, MOBILE APP, AND MEDCHECK SERVICESYou shall not use the Website, Mobile App, and MedCheck Services in any manner, or in connection with any activity, that is unlawful, fraudulent, illegal, or harmful. You agree to indemnify, defend, and hold harmless MedCheck, its directors, officers, employees, and agents, from and against all suits or claims that arise from or is related to your use, in any manner, of the Website, Mobile App, or MedCheck Services.
EXCLUSION FROM LIABILITYTo the fullest extent permitted by law, MedCheck shall not be liable for any direct, indirect, incidental, special, consequential, moral or exemplary damages, including (but not limited to) damages for loss of profits, goodwill, use, data or other intangible losses resulting from (but not limited to) the following:
- Cancellation of appointments booked through MedCheck;
- Termination of, or loss or interruption to the Website, Mobile App, or MedCheck Services, or any technical problems affecting your access to the Website, Mobile App, or MedCheck Services;
- Reliance on the information and use of services found in third party websites whose links were provided by the Website, Mobile App, or MedCheck Services;
- Inaccurate or incomplete information in the Medical Records of patients, or your failure to provide accurate and complete information regarding your patients; and
- Failure to update your account information.
TERMINATION OF AGREEMENTYour membership and the effectivity of this Agreement begins on the date of your registration as a member.You may cancel your account and terminate this Agreement by deactivating your account (see No. 3 above).MedCheck reserves the right to cancel your membership and terminate this Agreement for reasons, which include but are not limited to the following:
- Providing false, fraudulent, or misleading information about yourself or any patient user, any of the physicians, Health Facilities, health providers, health products and health services affiliated with MedCheck; or MedCheck has reasonable grounds to believe that you have provided such information;
- Use of the Website, Mobile App, and MedCheck Services in any manner, or in connection with any activity, that is unlawful, fraudulent, illegal, or harmful; or
- Any violation of the terms of this Agreement.
DISPUTESThis Agreement shall be governed by the laws of the Republic of the Philippines. Any dispute arising from or relating to this Agreement shall be submitted to the jurisdiction of the courts in Makati City, to the exclusion of all other courts or tribunals.
SEVERABILITYShould any portion of this Agreement be found to be illegal or unenforceable, that provision may be severed from this Agreement and the remaining provisions shall be given full force and effect.
NON-WAIVERThe failure of any party to insist upon a strict performance of any of the terms of this Agreement shall not be deemed a waiver of such terms nor shall it be construed as a condonation of any subsequent breach thereof, and such terms shall continue to be in full force and effect.
CONTACT INFORMATIONIf you have any questions about the Website, Mobile App, MedCheck Services, and this Agreement, you can reach out to MedCheck at: [email protected]. Telephone: +63 917 853 2703. Office Address: 20/F Citibank Center, 8741 Paseo de Roxas, Makati City 1227.
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