By availing our products and services and/or using our Systems (including but not limited to Filing systems and Information and Communication Systems) and/or providing personal information, sensitive personal information and privileged information (hereinafter collectively referred to as “personal data”) directly to us or to other sources (whether controllers, processors or otherwise) who/which have disclosed the personal data to us, including but not limited to the person insured/covered by a health plan, any medical information database or health information system, insurance companies health maintenance organizations or the like, health care providers like hospitals, medical centers, clinics and health care professionals, credit bureaus or aggregation agencies, your employers and your beneficiaries, you, as data subject or as personal information controller, or as personal information processor, as the case may be, have explicitly and expressly authorized and consented to our processing of the said personal data, as said italicized terms are defined under the Data Privacy Act of 2012 1 , for the following purposes:
- Processing applications for any of MyHealth Clinic’s products and services, whether directly or through an insurance company, health maintenance organization, health care provider or professional, and employers (corporate or otherwise);
- Providing, administering and servicing our products and services to help meet the requirements of our clients, customers and members, including for purposes of enhancing, augmenting, improving and upgrading our systems, applications and business processes or appointment of third party contractors and vendors;
- Assessing the suitability of our products and services to your needs and requirements, including conducting data analytics, market research and surveys which aim to provide you and the public with better, more responsive, more efficient, more cost-effective products and services;
- Adjudicating claims under your health, insurance or investment plan with any person or organization, who has relevant information about you including institutions, employers, investigative agencies, insurers and reinsurers, health maintenance organizations, as well as processing the reconciliation, settlement and payment of any utilization;
- Informing you of MyHealth Clinic’s products and services, including marketing or promotional information through all available means of communications such as but not limited to: phone calls, mail, email, SMS or other electronic channels;
- Complying with applicable laws, rules, regulations, directives, issuances, or contractual agreements and obligations of MyHealth Clinic or its principal to any competent authority, regulator, supervisory body, enforcement agency, exchange, court, quasi-judicial body or tribunal, and private contracting parties, including the Department of Health;
- Assisting in the identification, investigation, and prevention of financial crimes, including fraud, bribery, money laundering and terrorist financing, including but not limited to the submission of reports to MyHealth Clinic clients and counter-parties which are covered entities under the Anti-Money Laundering Act;
- To make the necessary reports and notification to the National Privacy Commission as provided under the Data Privacy Act of 2012.
- Enhancing risk assessment and preventing fraud, including but not limited to uploading medical information on behalf of an Insurance Company and other covered entities in the Medical Information Database pursuant to the Insurance Commission’s (IC) Circular Letter No. 2016-54.
- Enforcing and/or defending the rights of MyHealth Clinic before any court, agency, tribunal, quasi-judicial body or forum;
- Recognizing other lawful or legitimate commercial or business purposes necessary for the performance of, or in relation to, a contract or service to which the data subject is a party;
- When necessary or desirable in the context of an employer-employee relationship between MyHealth Clinic and the data subject;
- Enabling MyHealth Clinic to exercise governance over its businesses and ensuring that risks arising therefrom are duly identified, measured, managed and mitigated; and
- Such other lawful purposes for processing as may be allowed or provided under the Data Privacy Act and other applicable laws.
Definition of Terms
This refers to any act of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible.
This refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.
This refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can
be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
This refers to personal information:
- About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
- About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
- Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns; and
- Specifically established by an executive order or an act of Congress to be kept classified.
This refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication
This refers to an individual whose personal information is processed.
This refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf.
This refers to any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
This refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data
Terms & Conditions for Online Consultation Services
MyHealth Clinic offers the Online Consultation service (the “Service”) as a convenient, timely and efficient alternative to a face-to-face consultation, consistent with its objective of providing quality and accessible healthcare products and services. However, in order for us to provide the Service, and for you to avail of the Service and/or proceed with your Online Consultation session (the “Session”), you – the patient, customer, or user – must unconditionally agree to these Terms and Conditions (the “Agreement”) and must provide your consent to the matters stated herein.
If you do not agree to this Agreement or do not wish to give your consent to any matter stated herein, you cannot avail of the Service and/or proceed with your Session.
I. THE SERVICE
- This Agreement is between you and Camden Health Services Inc. doing business under the name and style MyHealth Clinic and all other entities duly authorized to operate a multi-specialty clinic under the name and style MyHealth/MyHealth Clinic (collectively “MyHealth”). This Agreement also applies to your use of MyHealth’s website at www.myhealth.ph (“Website”) and to your registration for, subscription to, and use of the Service or of a Session. To the extent applicable, this Agreement also applies to the physicians and other healthcare professionals who will render the Service. All MyHealth rules, regulations, notices, statements and policies concerning data protection, privacy and cyber security (collectively, the “Privacy Policies”), and any update, revisions, modifications or amendments thereto, are deemed incorporated to and form an integral part of this Agreement.
- MyHealth is a network of multi-specialty medical clinics which offers a spectrum of medical services that patients need to take better care of their health. In providing the Service, MyHealth itself is not engaged in the practice of medicine or any healthcare profession nor renders healthcare or medical services, but only provides the necessary infrastructure and access to licensed physicians and other healthcare professionals (“Professional or Professionals”) needed to render the Service. The Service shall be rendered via an information technology platform designated by MyHealth.
- The Professionals remain solely responsible for the medical/healthcare advice and services given to you and are expected to do so based on their professional/expert opinion following all standards and requirements incumbent upon the practice of their profession. Nothing herein shall be construed as promotion, endorsement or recommendation by MyHealth in favor of any Professional, product, treatment, procedure, test, advice or opinion.
- The Service is not intended for medical emergencies or exigent situations nor supplants any prior, existing or future medical or healthcare advice, treatment or procedure which you have received, is receiving or should be receiving. If you have an emergency, you are herein advised to seek immediate medical attention by proceeding to the nearest hospital or healthcare institution which may provide the necessary emergency medical assistance.
II. UNDERTAKINGS, REPRESENTATIONS, AND WARRANTIES
- You represent and warrant that you have the legal capacity to avail and use the Service and the Session and are located within the Philippines at the time of availment and use. You further represent and warrant that you are of legal age (at least eighteen years old) and not otherwise incapacitated to enter into a binding agreement. Persons with no legal capacity, not of legal age or with impaired legal capacity are not authorized and allowed to avail and use of the Service and the Session without the assistance of the person described under the next paragraph.
- If you are acting for and in behalf of another person, you represent and warrant that you are duly authorized to do so, and may legally act for and in behalf of such person and may bind such person to this Agreement and provide the consent stated in paragraphs 4 and 5 hereof. You further acknowledge that you know fully well the consequences of acting in such capacity and hereby unconditionally agree to this Agreement and give unqualified consent to the matters stated herein. At MyHealth’s request, you agree and warrant to provide sufficient proof of such authority and/or consent. Any reference to “you” in this Agreement shall also refer to you, as a person acting for and in behalf of another person.
- In availing and using the Service or a Session, you agree to provide such information as may be necessary or relevant to render the Service or provide the Session. You represent and warrant that such information shall be true, correct, complete and timely updated. You agree that you are solely responsible for the accuracy, genuineness, completeness and reliability of such information. You further agree that any information you provide or use on the Website, or in availing or using the Service or Session does not, and will not, infringe, violate or facilitate infringement on or violation of any copyright, patent, trademark, trade secret, data or other proprietary, publicity, or privacy rights of any party. MyHealth reserves the right to remove and/or delete any information provided by you, at the request of another party or at its own instance, that it deems, at its sole discretion, to be fraudulent, abusive, defamatory, obscene, or in violation of any law, ordinance, rule or regulation (the “Laws”), copyright, trademark, or other intellectual property or ownership right belonging to any other person.
- The information that you will provide may include Personal Information, Sensitive Personal Information or Privileged Information as those terms are defined under the Data Privacy Act of 2012 (DPA 2012) and the Privacy Policies (collectively the “Personal Data”). You hereby consent to the processing thereof (as the term “processing” is defined under the DPA 2012 and the Privacy Policies) by MyHealth, and all other data controllers/processors deemed necessary by MyHealth for the performance of the Service or Session, including the Professionals.
- You hereby represent and warrant that you have read, understood and fully agree to the Privacy Policies as published in the Website and/or incorporated in this Agreement.
- You acknowledge and agree that you sufficiently know the limitations and restrictions of the Service and agree to use the same taking into account such limitations and restrictions.
- You represent and warrant that you will use the Service for personal and non-commercial use only and at all times for lawful purposes only, consistent with applicable Laws.
- You undertake, represent and warrant to preserve the integrity of the Service. In relation thereto, you shall not use the account of another person or allow others to use your account; share the account details, username and password; gain unauthorized access to the Service or any Session, including being present in the same location without the express consent from MyHealth or the Professionals; record any Session or conversation; impersonate another person or use a fictitious or false name; post, show or transmit anything illicit, illegal or immoral including threatening, false, misleading, abusive, libellous, pornographic or profane materials and acts; misrepresent any authority or representation; undermine cyber security, threaten privacy or breach data protection including posting or transmitting any data, material, content, or other information which is or that contains or promotes any malware or malicious software (however named or classified) designed to attack, damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt, appropriate or expropriate the Website, the Service or the information security platform used for the Session, or to gain unauthorized access to Personal Data; or use the Service in any way which would compromise or undermine its integrity, efficiency and security.
- You undertake, represent and warrant that you have adequate cyber security tools such as anti-virus and/or anti-spyware software and are fully knowledgeable of using the third-party information technology platform used for the Session. You acknowledge and agree that the use of such third-party platform is governed by its own set of terms and conditions and you have separately agreed to the same when you downloaded the application. In this regard, you acknowledge sole responsibility for any cyber security and attack relating to or connected with the use of your own computer and other hardware, software or use of any application.
- You represent and warrant that you have paid for the Service and have done so using your own funds. If a card was used, you represent and warrant that you own such card, or the Service was purchased/availed using the card of another person who personally facilitated the use of his card in purchasing/availing the Service.
- You agree that the product Online Consultation, upon date of purchase, shall have a validity of one year. Should purchased Online Consultation be not availed upon date and time of requested consultation, You shall only be allowed a re-schedule only once. Non availment on the re-scheduled date and time shall forfeit the purchased Online Consultation product.
III. LIMITATIONS, RESTRICTIONS, AND DISCLAIMERS
- The professional determination and assessment of the Professionals shall govern at all times. Should the Professional opine that your situation is not eligible for the Service or requires face-to-face consultation or immediate visit to a hospital or other healthcare institution, you agree to abide by the same and such consultation shall be considered as full utilization of the Session. Conversely, if the Professional shall proceed with the consultation, MyHealth does not warrant that such Session is the appropriate solution to your particular medical or healthcare concern as the same shall be the sole prerogative and responsibility of the Professional.
- You acknowledge and agree that in availing or using the Service or any Session, the same shall be at your own risk and your sole responsibility, and in no case shall MyHealth be liable to you. You assume all risks related thereto and agree that the Service is being offered on an as-is basis and has certain limitations and restrictions in view of its nature. MyHealth makes no warranties, express or implied, and to the extent permitted by law, disclaims any and all implied warranties.
- All medical and healthcare advice or opinions are rendered by the Professionals and not by MyHealth. MyHealth does not warrant or guarantee that the Service or any Session or the information, content, advise or opinion will meet your requirements or that it will be free from any error, adequate, complete, reliable, accurate or timely. The Professionals are not employees or agents of MyHealth, and they are solely and directly responsible for the quality and propriety of the medical and healthcare services that they will render to you. MyHealth disclaims all liabilities for the acts or omissions of any Professional arising from or related to the Service or the Session. The Session shall remain to be a private consultation between you and the Professional, to which MyHealth is not a party. The Professional shall be solely responsible for all information, communication, advice or opinion rendered or exchanged in the course of the Session.
- You acknowledge and agree that MyHealth has no control nor liability with respect to the third-party platform and your own internet service and information technology tools that will be used in rendering the Service and performing the Session, and as such, MyHealth shall not be responsible for any defects, delay in the consultation, assessment or provision of advice; loss of data; or any service interruption. You understand and consent to assume the potential risks associated with the use of the Service and the Session.
- Since you are responsible for providing information and Personal Data as referred to in Section II.3 and II.4 hereof, MyHealth and the Professionals shall be limited to such information and Personal Data, and hence, any inaccuracy or incompleteness therein may result to errors or inaccuracy in assessment, diagnosis, prescription of drugs and over-all patient management.
- In view of the nature of the Service where there is no face-to-face consultation, the same is open to errors or inaccuracies despite utmost diligence and competence exhibited by the Professionals, and you agree to bear such risk in using the Service. In all cases, no particular result or benefit is being guaranteed.
- You acknowledge and agree that MyHealth is not responsible for any printing, typographical or technological errors regardless of the matter, media, material or form thereof. Neither shall MyHealth be responsible for electronic, human, equipment, programming or other error, omission, interruption, defect or delay which may occur; incorrect, inaccurate, late, lost, stolen, illegible, incomplete or misdirected matters or information; technical failures of any kind; inadvertent loss of information; or unauthorized human intervention in any part, material or process or otherwise.
- As may be warranted or necessary, and at its sole discretion, MyHealth may record any session or store any of the information, document or Personal Data that you have provided. You acknowledge and agree that, while MyHealth may do so based on its own assessment, MyHealth does not have any obligation to record or store the same, and even if recorded or stored, the information, document or Personal Data may be lost, corrupted, destroyed, or otherwise rendered inaccessible.
- In view of the foregoing, you hereby knowingly and voluntarily release MyHealth from any and all claims relating to any loss or damage whether actual, special, incidental, consequential, loss of profits or of whatever nature, that you might suffer as a result of the availment or use of the Service or Session, or in relation thereto or in connection therewith, arising from any cause.
- In the event that any such limitation, restriction or disclaimer stated herein becomes unavailable or inapplicable, you acknowledge and expressly agree that the aggregate liability of MyHealth to you for any and all losses, damages, fees, charges, expenses or liabilities of any kind shall not exceed the amount actually paid for the Service or relevant Session, whichever is applicable.
- You agree to indemnify, and hold MyHealth, its stockholders, directors, officers, representatives, including the Professionals, free and harmless from and against any and all rights, demands, losses, liabilities, damages, claims, actions, suits, fees, costs, and attorney’s fees of any kind whatsoever arising, directly or indirectly, arising from, connected with or in relation to your use or misuse of the Service or the Session; or from breach or violation of this Agreement; abuse, misrepresentation or exploitation of the medical or healthcare advise or opinion given by the Professional; any wrong, inaccurate or misleading information, document or Personal Data provided in relation to the Service or the Session; or any negligent, fraudulent, willful or wrongful action or omission you have committed.
IV. MISCELLANEOUS PROVISIONS
- Term and Termination. This Agreement shall be effective upon your availment or use of the Service or of any Session and shall terminate upon performance of the Service or conduct of the Session availed of. Any actual or potential breach of the terms and conditions of the Agreement or actual or potential misuse of the Service shall result to the suspension or termination of the Service, regardless if there are still available unused and paid Sessions, as may be determined by MyHealth, without prejudice to other remedies available to MyHealth. Notwithstanding any termination, all provisions of the Agreement intended to survive termination shall remain effective.
- Force Majeure. MyHealth shall not be liable for any damage, claims, liabilities, losses, costs and expenses arising out of the delay or interruption of its performance of any obligations under this Agreement due to any Force Majeure Event; Provided, that such delay or interruption could not have been prevented by reasonable precautions and cannot be reasonably circumvented by MyHealth through the use of alternative sources, work-around plans, or other means. In each and every Force Majeure Event, MyHealth will be excused from any further performance or observance of any obligation in this Agreement so affected for as long as such circumstance prevails and provided MyHealth continues to use commercially reasonable efforts to recommence the performance or observance whenever and to whatever extent possible without delay. At its option, MyHealth will make the necessary announcement or communication to you immediately via the Website, email, phone call or SMS if it foresees or experiences delay in the performance of its obligations. Such announcement will describe in reasonable detail the circumstances causing such delay, and shall, to the extent reasonable and lawful under the circumstances, use best efforts to remove and/or remedy such cause and minimize any damage resulting thereto with reasonable dispatch. For purposes of this provision, “Force Majeure Event” means any unforeseen event or an event which though foreseen is inevitable, or not within the control of MyHealth, such as fire, flood, earthquake, elements of nature or acts of God, epidemic or pandemic, acts of war, terrorism, riots, civil disorder, rebellions or revolutions, strikes, lockouts, or labor difficulties, rationing or unavailability of essential equipment, labor, or supplies and disruption to or unavailability of utilities and services, including, without limitation, electric power and telecommunications services or any other similar cause.
- Updates, Revisions, Modifications and Amendments. MyHealth reserves the right to update, revise, modify or amend the provisions of this Agreement, including the Privacy Policies, at any time without need of prior notice. You may review the latest version of the Agreement on the Website. Your continued use of the Service or involvement in a Session after any update, revision, modification or amendment is made by MyHealth to the Agreement signifies your acceptance of the same. You are responsible for checking these terms and conditions periodically for any such changes.
- Relationship. This Agreement does not in any way create a physician-patient relationship between you and MyHealth or an employer-employee relationship between MyHealth and the Professionals. Unless expressly provided herein, nothing in this Agreement is intended to confer any rights or remedies under this Agreement upon any person or entity other than you and MyHealth.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof.
- Severability. If any provision or other portion of this Agreement is declared invalid, unenforceable or contrary to law or public policy, such shall not affect the other remaining provisions of this Agreement (except when the validity of the latter depends on the former) and the parties shall continue to be bound by such remaining provisions, which shall remain in full force and effect. Any provision of this Agreement shall, to the extent possible, be interpreted in a manner compatible with the rest of the Agreement and with Law.
- Assignment. You may not assign or transfer this Agreement, and all the rights and obligations stated herein without the prior written consent of MyHealth. MyHealth may assign and transfer this Agreement and any rights and obligations stated herein to any of its related entities, affiliates or assignee without need of prior notice.
- Non-Waiver. Failure or delay of any of the parties to enforce or demand the strict performance of any of the provisions of this Agreement or any right or interest shall not be construed as waiver of such provision, right or interest. No waiver shall be deemed to have been made unless made in writing and any waiver of a particular provision, right or interest shall not be construed as to include other provisions, rights or interests, or any subsequent or future waiver of the same provision, right or interest.
- Notices. Any notice or other communication required to be given to you or needed to be made pursuant to this Agreement shall be made thru the address or electronic mail you have given. Any such notice shall be deemed delivered (i) if sent by registered mail, on the date upon which the return receipt is signed or (ii) if sent by e-mail when sent (with confirmation of receipt). Your failure to provide a valid address or email shall be deemed a waiver of any notice required to be given or made under the Agreement. Any notice or communication required to be made to MyHealth under this Agreement shall be made via registered mail addressed to the Chief Operating Officer at 3F ALGO Center 162 L.P. Leviste St., Salcedo Village, Makati City, unless a different mode is provided in this Agreement.
- Governing Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the Republic of the Philippines. Any dispute, controversy, or claim arising out of, relating to or connected with this Agreement shall be submitted to the proper courts of Makati City, to the exclusion of all other courts.