PUBLIC OFFER AGREEMENT ON INFORMATION AND EDUCATIONAL SERVICES
1. GENERAL PROVISIONS
1.1. This document shall be an official public offer (“Offer”) by Limited Liability Company MED INFORM GROUP (code in the Ukrainian “Unified Register of Businesses and Organizations” (EDRPOU) 43725974) (hereinafter referred to as the “Contractor-1”) and by a Self-Employed Entrepreneur Lopin Dmitriy Aleksandrovich (Registration Number of Taxpayer’s Card (RNOKPP) 3151406311) (hereinafter referred to as the “Contractor-2”), hereinafter collectively referred to as the “Contractors”, to conclude an agreement on the information and educational services (hereinafter referred to as the “Agreement”) on the terms and conditions established by the Contractors.
1.2. The Offer shall be addressed to individuals and/or legal entities, posted on the website https://clincasequest.hospital/ (hereinafter referred to as the “Website”), and can also be made by sending a commercial e-mail to legal entities and/or individuals via instant messaging applications or e-mail.
1.3. This Agreement shall be concluded by giving full and unconditional consent (Acceptance) of an individual and/or legal entity to accept the offer (Offer) of the Contractors to conclude the Agreement, without signing a written copy of the Agreement by the parties. Acceptance of the Offer shall be equivalent to concluding an Agreement on the terms and conditions set forth in the Offer. The Agreement shall be legally effective in accordance with Art. 633, 638, 641, 642 of the Civil Code of Ukraine and equivalent to an agreement signed by the parties.
1.4. By accepting the terms and conditions set forth in the Offer and paying for services, an individual or legal entity that accepts this Offer shall become a Customer.
1.5. The implementation by the Customer of all actions provided for in clause 3.4. hereof shall be considered a proper Acceptance of this Offer.
1.6. This Agreement shall be multilateral and provides for two persons on the part of the Contractor. The services hereunder may be provided both by two Contractors simultaneously, and by each Contractor separately. The details of a specific Contractor providing the Services will be indicated in the e-receipt, invoice of the payment system or issued invoice.
1.7. “Website” means a collection of web pages available on the Internet under the domain name https://clincasequest.hospital/. Other terms used herein, as well as the time limits that the Customer may be informed in the course of the services, shall be posted on the Website at https://clincasequest.hospital/terms/
2. THE SUBJECT OF THE AGREEMENT
2.1. Pursuant to this Agreement, the Contractors shall provide the Customer with information and educational services, the concept of which is given in clause 2.2. hereof (hereinafter referred to as the “Services”) posted on the Website at https://clincasequest.hospital/courses/, in the manner and on the terms and conditions established herein, and the Customer undertakes to pay for them in a timely manner in accordance with the terms and conditions hereof.
2.2. The Services shall be information and educational services in the form of distance learning, provided verbally through any means of electronic communication, as well as by providing access to participation in consultations/classes in online group sessions and/or individual webinars, including by providing access to consultations in electronic form (video recording or automated webinars), providing access to training in an electronic database of clinical case scenarios on the Website or other websites, links to which are provided by the Contractors when the services are provided.
2.3. The Services shall be provided in the form of distance learning as follows:
2.3.1. Asynchronous learning, i.e. providing access to training in clinical case simulators (standardized, rare and severe clinical cases), and other simulators (clinical situation simulation, practical skills simulators) hosted on the Website.
2.3.2. Synchronous learning, i.e. providing verbal consultations, conducting classes/sessions/live streams/webinars/automated webinars remotely using an information and telecommunication system by video or audio communication, incl. through special platforms or instant messaging applications (Viber, Skype, PruffMe, Zoom, BigblueButton, etc.). The format of the Services shall be communicated to the Customer in advance. Access to these platforms shall be provided by the Contractors in advance.
2.4. The prices, content, time limits, a specific method of provision, a detailed description of the Service packages, and the procedure for special conditions for the provision of Services (if any) shall be determined by the Contractors on the Website at https://clincasequest.hospital/courses/. The Parties can change the terms and conditions for the provision of services after the Customer pays for them by mutual agreement by exchanging electronic messages.
2.5. If the Customer shows zero educational activity in electronic courses, clinical case simulators (standardized, rare and severe clinical cases), and other simulators (Clinical situation simulations, Practical skill simulators) during the period of provision of the Services, funds paid for the Services shall not be returned and the Service shall be considered to be provided.
2.6. The availability of a high-quality Internet connection shall be the obligation of the Customer, and the Customer shall check access to the Website before receiving the Services.
2.7. The quality of the Services provided shall be determined by the professional experience and skills of the Contractors, which absolutely satisfy the Customer at the moment of the Acceptance.
3. CONCLUSION OF THE AGREEMENT
3.1. The Customer and the Contractors shall conclude this Agreement as an adhesion contract in accordance with Art. 634 of the Civil Code of Ukraine, and this Agreement shall provide for the adherence of the Customer to the Agreement as a whole, with full and unconditional acceptance of the provisions hereof. The Customer cannot offer his/her/its own terms and conditions of the Agreement.
3.2. By accepting the terms and conditions of the Agreement, the Customer shall fully and unconditionally accept all terms and conditions hereof, without any exceptions and/or restrictions, and this Agreement shall be equivalent to concluding a written Agreement with the Contractors on the provision of services to the Customer, according to the selected list of Services posted on the Website.
3.3. The implementation by the Customer of the actions provided for in clause 3.4. hereof shall be considered the Acceptance of this Offer.
3.4. The Customer shall accept the Agreement through the following aggregated actions:
1) familiarization with the terms and conditions of the Agreement (terms of Service) posted on the Website at https://clincasequest.hospital/terms-of-service/. The Customer confirms that he/she/it has read and agrees with the terms and conditions of the Agreement by marking “I have read and accepted” on the Website when registering;
2) familiarization and full agreement with the terms and conditions of the Privacy Policy posted on the Website page at https://clincasequest.hospital/privacy-policy/, as well as with the Ethics of the project, within which the Services are provided, posted on the Website at https://clincasequest.hospital/clincasequest-ethics. The Customer confirms that he/she/it has read and agrees with the terms and conditions of the Privacy Policy and Project Ethics by marking “I have read and accepted” on the Website when registering. The Privacy Policy provides for the rules for the collection and processing of the Customer’s personal data as part of the execution of this Agreement;
3) registration on the Website, selection of a Service package, in accordance with the list of Services indicated on the Website;
4) 100% payment for the Contractors’ Services in accordance with the tariffs indicated on the Website.
3.5. By accepting this Offer, the Customer indicates that the Customer is familiar with this Agreement, the number and list of Services, the time limits and procedure for the provision of Services, the cost of the Services and accepts unconditionally all the terms and conditions of the said Agreement.
3.6. If the Customer needs any clarification of any essential terms of the Agreement, including the procedure for the provision of the Services, he/she/it is obliged to apply in writing to the Contractors for clarification of the same using the contact details specified in section 12 hereof. Otherwise, the Customer shall have no right to refer that he/she/it is not aware of the essential terms of the Agreement, and withdraw from the Agreement after the Acceptance based on such unawareness.
3.7. The Acceptance can be implemented without limitation as to time.
3.8. The Agreement shall be considered concluded and take effect from the moment of the Acceptance made in the manner specified in clause 3.4. hereof, and remain valid during the entire period of receipt of the Services, or until the termination of the Agreement on the grounds determined by the terms and conditions hereof and/or the provisions of the current legislation of Ukraine.
3.9. When registering on the Website, the Customer shall inform the Contractors the following personal information necessary to conclude the Agreement: surname, name, patronymic, phone number, e-mail address, official capacity and specialization.
4. PROVIDING AND RECEIVING SERVICES
4.1. The Services shall be provided as distance learning, in accordance with clause 2.3. hereof, using information and telecommunication systems, including using video communication.
4.2. The time limits of the Services shall be indicated on the Website. The time limits of the Services shall be equal to the duration of the training process for a synchronous learning, and shall also be equal to the term for providing access to training materials for asynchronous mode.
4.3. The Contractors shall have the right to postpone the provision of services in the event of circumstances beyond their control (illness, maintenance work conducted by the provider, excluding communication with the Customer, etc.), provided that the Customer is notified prior to the provision of the Service via the Customer’s personal account or by means of electronic communication provided by the Customer during registration. In this case, the time and date of the transfer shall be agreed with the Customer by sending an e-mail in the manner specified in this paragraph to notify the Customer.
4.4. When training is carried out in a synchronous mode, the materials of the webinars/lessons/sessions can be recorded by the Contractors, and the Customer can be provided with access to them for a period determined by the Contractors for a repeated review. Access shall be provided through the Customer’s personal account, which is created as a result of registration on the Website. If a record is not available due to technical reasons or reasons beyond the Contractor’s control and due to the absence of the Customer at the webinar/lesson/session through no fault of the Contractors, the Services shall be considered to be provided properly.
4.5. When training is carried out in an asynchronous mode, electronic courses, clinical case simulators (standardized, rare and severe clinical cases), and other simulators (clinical situation simulations, practical skill simulators) shall be posted by the Contractors on the Website; access to them shall be provided to the Customer around the clock for the duration of the Services specified on the Website, with the exception of possible maintenance work, which must be announced on the Website. At the same time, if the Customer has zero educational activity during the period of provision of the Services specified on the Website, due to reasons beyond the control of the Contractors, the Services shall be considered to be provided properly, and after the expiration of the time limits for the Services, the Customer’s access to training materials will be closed.
4.6. Under this Agreement, no services that require the personal presence of the Contractors or personalized written advice shall be provided. If the Customer wishes to order services requiring the personal presence of the Contractors or personalized written advice, he/she/it can send a written request to the e-mail of the Contractors specified in section 12 hereof, and if the Customer and the Contractors agree to provide additional services, the Parties shall conclude a separate agreement.
4.7. If there are no remarks from the Customer, within the time period specified in clause 4.8. hereof, the Services shall be considered to be provided in a timely manner and in a proper manner and do not require the signing of a Certificate of Services Rendered.
4.8. If the Customer has any remarks regarding the quantity or quality of the Services, he/she/it is obliged to send them immediately, in any case no later than 1 (one) calendar day from the moment of their occurrence, in writing to the e-mail of the Contractors specified in section 12 hereof. No appeal to terminate this Agreement due to claims for the quantity or quality of the Services shall be considered valid, if access to the Content of the Services was provided, the Customer logged in the personal account using the access obtained, and received the Content of the Services through the electronic means provided during registration.
4.9. Such claims shall be accepted in writing and considered by the Contractors within 10 calendar days from the date of receipt thereof. Based on the results of the consideration of claims, the Contractors shall make a decision to satisfy the claims or refuse to do so, explaining the reasons for the refusal.
4.10. The Services shall be provided in accordance with the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language”, while the Services can be provided in any language convenient for the Parties, at the request of the Customer.
4.11. The time for performing any actions (transactions) hereunder shall be Kyiv time, unless otherwise indicated on the Website.
4.12. The Contractors shall have the right to provide Services either independently or engaging third parties. At the same time, the Contractors shall be held liable to the Customer.
5. PRICE AND PAYMENT
5.1. The price of an individual Service or a Service package shall be indicated on the Website. The Customer shall pay for the Services in the amount, form and manner specified on the Website.
5.2. Payments shall be made by cashless means by transferring funds to the account of a specific Contractor, or by making payment using payment systems posted on the Website.
5.3. The Contractors shall not be held liable for the services of third parties that provide funds transfer services, including payment systems, and shall have the right to refuse the Customer to provide the Services, if a payment from the Customer was not received, if the payment was made by the Customer through such intermediaries, and the funds were not received by a specific Contractor. Any risks of transferring funds to the account of a specific Contractor shall be borne by the Customer until the funds are credited to the account of a specific Contractor.
5.4. If the Customer has made a partial payment for services without consent to partial payment given by a specific Contractor, such Contractor shall have the right to refuse to provide services and refund the partial payment.
5.5. The Customer shall have the right at any time to change the paid Service package and switch from the purchased Service package to another Service package with a higher cost, within one type of Services, provided that the difference in the cost of the packages is paid in addition. In this case, one of the Contractors shall issue an additional invoice, and the transition to another package shall be made the next day after full payment is received.
5.6. The payment shall be considered to be made when the funds are credited to the account of one of the Contractors.
5.7. Money shall be refunded in the cases provided for hereby, in the same form and to the same account from which the payment is made, unless the Parties agree otherwise.
6. RIGHTS AND OBLIGATIONS OF THE CONTRACTORS
6.1. The Contractors shall have the right to:
6.1.1. Make amendments and additions to the terms and conditions of the Agreement. Notifications about such amendments and additions shall be posted on the Website at least 5 (five) calendar days prior to their entry into force.
6.1.2. Determine the cost of unpaid services independently.
6.1.3. Terminate the provision of services to the Customer who violates the terms and conditions of this Agreement.
6.1.4. Store and process information that they receive in the course of providing the Services.
6.1.5. Engage third parties in the provision of the Services, while the Contractors shall be held liable to the Customer for the quality and quantity of the Services.
6.2. The Contractors are obliged to:
6.2.1. Provide Services within the time limits, in the manner and to the extent stipulated hereby.
6.2.2. Provide services in compliance with the requirements of the current legislation of Ukraine.
6.2.3. Take measures in accordance with the current legislation of Ukraine to maintain the confidentiality of information provided by the Customer, as well as information about the Customer and the Services received by him/her/it.
6.2.4. Respond in a timely manner to the Customer’s requests.
6.2.5. Perform other obligations provided for hereby.
7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
7.1. The Customer shall have the right to:
7.1.1. Full and timely receipt of the ordered Services of required quality.
7.1.2. Refuse to receive messages/letters from the Customer. In this case, none of the Contractors shall be held liable for the failure to receive up-to-date information by the Customer about the Services.
7.2. The Customer undertakes to:
7.2.1. Pay for the ordered Services in the amount and within the time limits established hereby.
7.2.2. Timely inform the Contractors about the change in the details that were specified by the Customer during registration.
7.2.3. Use the Content, information and materials only for personal training and not distribute the Content obtained in the course of the provision of the Services.
7.2.4. Use access to training materials during the asynchronous learning, and in the case of providing access to training materials during the synchronous learning, for no more than one student (user) for each individual access.
7.2.5. Read the current version of the Agreement before the Acceptance thereof and in the future when receiving the Services in case of amendments made thereto.
7.2.6. Compensate for losses and pay a fine in case of violation of property and non-property rights to intellectual property and copyright to the Content of the Contractors. If a violation of property and non-property rights to intellectual property and copyright to the Content of the Contractors is detected, to stop such violation upon the first request of any Contractor.
7.2.7. During the period when the Services are provided, not to post on the Website, in comments or in chats any information prohibited hereby, namely: incorrect, false information about the Contractors or the services received, information that incites international conflicts, contains taboo language or otherwise offends other consumers or Contractors, information not related to the subject of services, or advertising information.
7.2.8. Do not record Content on video and/or audio storage devices, including for the purpose of transferring to third parties or commercial distribution.
8. INTELLECTUAL PROPERTY PROTECTION AND REQUIREMENTS FOR POSTING INFORMATION ON THE WEBSITE
8.1. Information and all Content materials, electronic courses, clinical case simulators (standardized, rare and severe clinical cases), and other simulators (clinical situation simulation, practical skills simulators), including on electronic media, audio and video recordings, access to which is provided to the Customer by the Contractors hereunder shall be intellectual property items of the Contractors and can be used solely for personal training by the Customer without the right to transfer them to third parties (paid or free).
8.2. Dissemination by the Customer of the information specified in clause 8.1. hereof, by audio/video recording or any other copying of information, shall be a violation of intellectual property rights and entail bringing to responsibility, determined by the current legislation of Ukraine.
8.3. Provision of links to the Website, electronic courses, clinical case simulators (standardized, rare and severe clinical cases), and other simulators (clinical situation simulation, practical skills simulators), posting links to the Content in social media, instant messaging applications, forums with the Contractors’ ownership of the information indicated and without disclosing training materials that are parts of electronic courses and simulators shall not be considered as dissemination of the information.
8.4. The following information shall be prohibited for posting in comments or in chats on the Website: incorrect, false information about the Contractors or the services received, information that incites international conflicts, contains taboo language or otherwise offends other consumers or Contractors, information not related to the subject of services, or advertising information.
8.5. It shall be prohibited for the Customer to transfer to third parties passwords and login that were created by him/her/it to receive services.
8.6. In case of violation of the clauses 8.1., 8.5.-8.6. hereof, each Contractor shall have the right to early terminate the Agreement unilaterally, without refunding money to the Customer, suspend the services and close the Customer’s access to training materials.
9. LIABILITY OF THE PARTIES AND DISPUTE RESOLUTION
9.1. The Contractors and the Customer shall be held liable for violation of the terms and conditions of this Agreement in accordance herewith and the current legislation of Ukraine.
9.2. If the Customer, due to any circumstances beyond the control of any of the Contractors, does not receive the Services within the time limits established hereby, the Services shall be considered to be provided properly.
9.3. The Parties shall not be held liable for partial or complete failure to fulfill obligations hereunder, if this failure was the result of force majeure events (force majeure), namely: the threat of war, armed conflicts of a national and (or) local nature or a serious threat of such a conflict, declared and undeclared war and the use of military and/or law enforcement actions in this regard, a public demonstration, blockade, strike, unlawful actions of third parties, fire, explosion, long-term interruption in the operation of transport, regulated by the terms of the relevant decisions and acts of public authorities, and also circumstances caused by extreme weather conditions and natural disasters (epidemic, flood, earthquake, etc.), illegal actions of public authorities and their officials, other extraordinary events that have arisen after the conclusion of this Agreement, which the Party could neither foresee nor prevent by reasonable measures.
9.4. All disputes between the Contractor and the Customer arising out of or relating to this Agreement shall be resolved through negotiations; the time limits for sending a claim and responding to it shall be one month, except for the time limits for claims provided for in clauses 4.8.-4.9. hereof, and in case of failure to reach an agreement, in the manner prescribed by the current legislation of Ukraine.
10. SERVICE CANCELLATION
10.1. The Customer may cancel the Agreement within 24 hours from the date of the Acceptance (payment), provided that access to the Content of the Services was not opened, the Customer did not log in the personal account using the access obtained, did not receive the Content of the Services by electronic means, and did not use access to the provided training materials.
10.2. The Customer shall not have a right to cancel the Agreement unilaterally after receiving the Services. Funds paid in favor of each of the Contractors shall be non-refundable in the event of such a unilateral repudiation.
10.3. The refund in case of cancellation of the Agreement (clause 10.1) shall be carried out in the amount of 100% of the cost of services, provided that access to the Content of the Services was not opened, the Customer did not log in the personal account using the access obtained, did not receive the Content of the Services by electronic means, and did not use access to the provided training materials.
10.4. The refund of money received as payment for the Services shall be carried out upon a written application sent from the Customer to the e-mail address of one of the Contractors specified in section 12 hereof. The refund application shall specify the reasons why the Customer requires the refund, the details for refund (from which the payment was made), and a copy of the Customer’s identity document, and a copy of the document confirming payment for services shall be attached.
10.5. Refund terms and conditions:
1) a refund application was sent to the Contractor within the time period specified in clause 10.1;
2) the Customer provided the information in full in the manner specified in clause 10.4. In the absence of one or more of the conditions specified in this clause, each Contractor shall have the right to refuse to satisfy the Customer’s request.
10.6. The decision to refund funds or refuse to do so shall be made by the Contractor, to whom the refund application was sent, within 10 (ten) business days from the moment such Contractor receives a written application from the Customer.
10.7. If the Application for Cancellation of the Agreement is submitted by the Customer in violation of the period specified in clause 10.1, or after the start of the provision of the Services, the Contractor who received such an application shall independently and voluntarily decide on refund. The specific amount of the refund will be determined in proportion to the cost of the services provided, taking into account additional costs for refund (bank charges, exchange rate difference, commission of financial intermediaries, the cost of the Content of Service sent to the Customer), and a fine of up to 50% of the cost of services to compensate for losses from unilateral repudiation of the Agreement by the Customer.
10.8. The Parties shall not have the right to terminate the Agreement unilaterally, except as provided for by the current legislation and hereby.
11. FINAL CLAUSES
11.1. The Agreement shall take effect from the moment of the Acceptance in the manner specified in Clause 3.4. hereof, and remain valid for the entire period of receipt of the Services or until termination of the Agreement on the grounds determined by the terms and conditions hereof and/or the provisions of the current legislation of Ukraine.
11.2. Invalidation of some clauses of the Agreement shall not entail the invalidity of the entire Agreement.
11.3. During the validity of the Agreement, the Contractors shall have the right to amend the Agreement, by sending a prior notice to the Customer; such amendments shall take effect within 5 days from the date of posting on the Website. The Contractors shall inform the Customer in advance about the amendments (5 business days before they take effect) by means of electronic communication provided during registration. It is considered that the Customer has agreed to the amendments if, within 3 business days, no written objection from the Customer is received to the e-mail of either Contractor specified in section 12 hereof.
11.4. If the contact information of the Customer changes during the validity of the Agreement, he/she/it is obliged to make the appropriate changes to his/her/its personal account on the Website.
11.5. All documents received through the communication channels specified in section 12 hereof and specified by the Customer during registration shall be legally binding for the Parties hereto.
12. DETAILS OF THE CONTRACTORS AND CONTACT DETAILS:
12.1. Contractor-1:
Limited Liability Company MED INFORM GROUP
Legal address: 61058, city of Kharkiv, 7 Chychybabina St.
EDRPOU code: 43725974
Contact details: Е-mail: [email protected]
Tel.: +38096-003-911-7
12.2. Contractor-2:
Self-Employed Entrepreneur Lopin Dmitriy Aleksandrovich
RNOKPP 3151406311
Location: 61082, city of Kharkiv, 5/1 Petra Hryhorenka Ave.
Contact details: Е-mail: [email protected] Tel.: +38096-003-911-7
1. GENERAL PROVISIONS
1.1. This Privacy Policy (hereinafter referred to as the “Policy”) was developed by Limited Liability Company MED INFORM GROUP and a Self-Employed Entrepreneur Lopin Dmitriy Aleksandrovich (hereinafter collectively referred to as the “Company”).
1.2. This Policy shall regulate the following issues:
– what personal data and information about clients, as well as other persons who have access to or use the Company’s Website https://clincasequest.hospital/ (hereinafter referred to as the “Website”), are collected by the Company;
– the purpose for which such personal data and information are collected;
– the methods of processing and using personal data and information that are collected;
– the period of storage of personal data;
– other issues related to the processing of personal data by the Company;
– transferring personal data to third parties.
1.3. The term “Client” means anyone who has purchased the services of the Company or uses the services of the Company’s Website.
1.4. By using the Company’s Website, you understand that the Company will collect and use personal data about you in the manner, to the extent and for the purposes that are specified herein.
1.5. Personal data of the clients are used to ensure the exchange of information, relations in the area of advertising and communication in accordance with and for the purposes of the laws of Ukraine, including, but not limited to: the Laws of Ukraine “On Personal Data Protection”, “On Information”, “On Advertising”, “On Telecommunications”, as well as in accordance with internal local acts regulating the activities of the Company.
1.6. By using the Website, you agree to the Policy. If you do not agree with any provision of the Policy or the Policy in general, then you have no right to use the Website and must immediately stop using it.
1.7. This Policy shall not apply to other Websites and mobile applications of third parties that you may use, including those links which may be posted on the Website. We shall not be held liable for the privacy policy or the content of these Websites and mobile applications. You should read the third-party privacy policies before clicking on any links.
1.8. Social media plugins hosted on the Website and social media applications are operated by the social media themselves and governed by their own terms of use, privacy and Cookies policy. You need to make sure you read these terms and policies.
1.9. We recommend that you read this Privacy Policy in its entirety to ensure you are fully informed. Ordering and receiving services from the Company by the Client, using the services of the Website provides for reading by the clients and users of the Website of this Policy and providing their consent to the collection, use and processing of their personal data in the manner determined hereby, as well as the transfer of their personal data to third parties in cases where provided hereby.
2. ABOUT THE COMPANY
2.1. The owner and controller of the personal data of the Clients and users of the Website shall be MED INFORM GROUP LLC (code in the Ukrainian “Unified Register of Businesses and Organizations” (EDRPOU) 43725974), a legal entity, and a Self-Employed Entrepreneur Lopin Dmitriy Aleksandrovich (Registration Number of Taxpayer’s Card (RNOKPP) 3151406311), which are registered and operate in accordance with the requirements of the current legislation of Ukraine.
2.2. If you have any questions about this Policy or have additional questions regarding the collection and processing of your personal data, please contact us at [email protected].
3. COLLECTION OF PERSONAL DATA
3.1. To provide services, as well as to improve the Company’s Website, for marketing purposes, as well as in cases provided for by the current legislation of Ukraine, the Company shall collect personal data and information specified in clause 4 of the Policy (hereinafter referred to as the “information”) about the Clients and users of the Website.
3.2. The Clients and users of the Website choose themselves whether to visit the Website, download the Company’s applications, provide the Company with personal data or not. In some cases, without providing the Company with personal data, the Clients and users of the Website will not be able to use the relevant services and/or products of the Company.
3.3. We collect personal data directly from the Clients and users of the Website when they complete registration forms on the Website or use the services of the Website, including when they:
– register (create a personal profile), edit or log in their personal profile on the Website;
– download, sign or view an electronic document;
– contact the technical support of the Website;
– leave comments.
3.4. When registering on the Website, the Clients and Website users shall provide the following personal data: surname, name, patronymic, e-mail address, phone number, employer (company) name, and official capacity.
3.5. The Company shall also receive information about third parties when users of the Website:
– leave comments with a link to third parties;
– invite friends to use the Website or purchase the services of the Company.
3.6. The Clients and users of the Website shall have the right not to provide this information.
3.7. The service of the Website provides for the possibility of interaction between clients using instant messaging applications installed on the Website; such interaction is carried out in the chats of the messenger; all information posted by the Clients in the chat shall be confidential, only chat participants have access to it.
4. AUTOMATICALLY COLLECTED INFORMATION
4.1. The Company shall automatically collect information about the devices of the Clients and users of the Website which they use to access the Website, browsers, geolocation of devices when using the Website, without specifying these data when completing the registration form.
4.2. Information collected automatically shall include:
– IP addresses;
– information about geolocation, if the permission to display geolocation data is provided in the settings of the devices of the Clients and users of the Website which they use to access the Website;
– unique device identifiers and device attributes such as operating system and browser type;
– web log data, links and logoff pages, URLs, platform types, number of clicks, domain names, landing pages, pages viewed, their content and order, the time the user spent on the page, the date and time of using the Website, frequency of use of the Website, error logs, and other similar information.
5. COOKIES AND SIMILAR TECHNOLOGIES
5.1. The Company may use Cookies, which are text files containing small amounts of information that are loaded onto a device (“Cookies”), or similar technologies such as web beacons, Local Shared Objects (LSOs) and tracking pixels to store or collect information.
6. ANALYTICS
6.1. The Company shall use services such as Google Analytics and other analytics services. They use Cookies to collect information about the use of the Website and help the Company to know how the services are used. The information collected includes the pages that users visit and how long they visit it, the website or page they were on before accessing the Website.
7. USE OF PERSONAL DATA AND INFORMATION
7.1. The Company shall collect, use (process) and store your personal data and information to provide services, to correct and improve them, to develop new services, and to sell the Company’s products.
7.2. Examples of the use of personal data and information by the Company:
– provision of services and products requested by Clients at a charge;
– market research, testing own products using e-mail or telephone, or by sending marketing messages about products and services that, in our opinion, may be of interest to the customers and users of the Website;
– provision of content and individual advertising;
– analysis of the data of the Company’s Clients on how they use our services;
– testing changes in the Company’s services and developing new functions and products;
– solving problems that may arise with the Website, including answers to questions aimed at supporting the Website operation;
– Website management, including support and security systems;
– prevention or elimination of incidents of fraud, unauthorized access or use of the Company’s services, violation of terms and policies, or other illegal actions;
– use of personal data to create and manage an account (personal profile). The Company requires such personal data to provide the relevant services;
– use of e-mail addresses and (or) telephone numbers for marketing purposes, including sending out commercial offers. The Company does this with your consent, and you can revoke it at any time;
– analysis of data on the use of the Website to improve the services of the Company.
8. TRANSFER OF PERSONAL DATA AND INFORMATION
8.1. We do not sell or transfer the personal data of our clients to third parties, except for the cases specified in clause 8.2 hereof, and the cases provided for by the current legislation of Ukraine.
8.2. The transfer of personal data and information to third parties can be carried out in the following cases:
– receipt by the Company of services to support the Website from companies that provide such services as: search engine technologies, advertising, setting up of the technical resources, authentication systems, collecting invoices, identifying fraud and customer support. Service providers undertake to protect your personal data and cannot use it for their own purposes;
– transfer of personal data in accordance with applicable law, in particular, responding to legitimate requests from law enforcement and judicial authorities. Dissemination of personal data without the consent of the personal data subject or a person authorized by him/her is allowed in cases determined by law, and only (if necessary) in the national security, economic welfare, and human rights interests.
8.3. Cases where the Clients and users of the Website voluntarily post their personal data and information on the Company’s Website:
– when posting comments in blogs on the Website, in the course of communication on the forums of the Website (this information can also be read by other users of the Website);
– when creating a personal profile on the Website, information about your profile is available to other users. If you want to make this information confidential, please change your personal profile settings.
9. PERIOD OF STORAGE OF PERSONAL DATA
9.1. Personal data shall be stored for three years.
10. FREE CHOICE
10.1. This section describes the actions you can take to change or restrict the collection or use of personal data and information about you.
10.2. You are not required to complete a personal profile. If you have completed your personal profile, then you can access and view this information. If any information is inaccurate or incomplete, you can make changes in your personal profile settings.
10.3. You can opt out of e-mail messages sent to you by the Company. You can opt out of these messages by clicking on the “opt out” link in the e-mail message. Please note that the Company may send you one message to confirm that you wish to opt out. If you are a registered user of the Website, or if you enter into transactions with the Company, the latter may continue to send you transaction messages (for example, a message about signing or issuing an invoice) after you opt out of marketing communications.
10.4. You can disable Cookies through your browser settings. However, if you disable Cookies, you will not be able to use some of the services of the Company’s Website.
10.5. To change the way Google Analytics collects and uses your information, please set up Google Analytics settings in your browser.
10.6. If you do not want us to see the location of the device, you can turn off geolocation on it, change your privacy settings, or refuse to share geolocation in your browser.
10.7. If you want to make your account private, change your personal profile settings.
10.8. The Company undertakes to respond to complaints and resolve controversial issues regarding confidentiality, collection or use of your personal data in accordance with the requirements of the current legislation of Ukraine.
11. CONFIDENTIALITY OF PERSONAL DATA OF MINORS
11.1. The Company’s Website services are not intended for or provided to people under the age of 18 (“minors”). The Company does not collect or request personal data and information from minors. The Company does not allow minors to use its services. The Company does not collect or process personal data and information from a minor without a confirmed parental consent. If you are a minor, please do not use the services of the Company and (or) do not send your personal data to the Company. The Company shall delete personal data about a minor if such data were provided by a minor, or if the information was collected automatically, in accordance with clause 4 hereof, when a minor misleads the Company about his/her age. Please contact Company representatives using the e-mail address specified in clause 2.2. hereof, if you believe that the Company may have personal data from or about a minor.
12. PERSONAL DATA PROTECTION
12.1. The Company shall take all necessary measures to protect personal data and information from unauthorized access, alteration, disclosure, or destruction. These measures shall include, among other things, internal review of the collection, storage, and processing of information and security measures.
12.2. The Company cannot be held liable for any unauthorized access or loss of information that is beyond our control.
13. CHANGES TO OUR PRIVACY POLICY
13.1. The Company may change this Policy to reflect changes in legislation, by-laws of the Company, the Company Website, data use and data collection practices, or advances in technology. The use of personal data and information depends on the privacy policy in effect at the time of use of the information. Depending on the type of changes, the Company may inform you of the changes by posting information on this page https://clincasequest.hospital/privacy-policy/ or by e-mail. Please read carefully any changes made to this Policy.