Terms of access and use (Patient Folder)
By virtue of the provisions of article 10 of law 34/2002, of July 11, on information society services and electronic commerce, you are informed that the entity providing the services herein is IDCSALUD, S.L.U (herein, IDCSALUD), a Spanish company whose business address is C/ Fernández de la Hoz, 24, 28010, Madrid, and whose tax identification number B-83921534. The aforementioned entity is entered in the Companies Register of Madrid, Volume 29,294, sheet 162, Section 8, Page M-350156, entry 61, and is authorized to provide health services through the URL http://www.idcsalud.es.
In order to better serve its patients, IDCSALUD offers patients the service known as the "Patient Portal." By using this Portal, patients may access their clinical records and manage communication with IDCSALUD health centers and medical staff.
These Terms of Access and Use (herein, the "Terms") are intended to regulate access to and use of the Patient Portal, an online consultation service accessible through the website www.idcsalud.es. Via the aforementioned Patient Portal, patients may access their clinical records generated in health centers managed by the companies belonging to the IDCSALUD Group.
In addition, the General Conditions governing the use of the web portal used to access the Patient Portal will also apply.
The Patient Portal online consultation service provided by IDCSALUD allows users to do the following:
- view, print, or save clinical reports
- modify the User's login information
- make online appointment requests
- fill out forms
In order to consult the information available in the Patient Portal (herein, the "Service"), you must be a registered User of the Service.
"User" is anyone who, after registering, uses the "Patient Portal" service.
The username and password (herein, the "Login Information") required for registration must be requested in person in any of the associated hospitals or health centers. Once you have presented the proper identification, the system will generate the appropriate login information, which will be sent to your mobile telephone. This login information will grant you access to your clinical records and all other services offered through the Patient Portal.
REQUIREMENTS FOR ACCESSING THE SERVICE
Parents or legal guardians of individuals under the age of 16 who have provided proof of their status as such may request the login information for the Patient Portal of the minor in question. Similarly, for minors over the age of 16, parents or legal guardians may be granted access to the minor's login information provided the minor has authorized said access.
ACCESSING THE SERVICE
The User may access his or her Patient Portal through the following URL: https://www.idcsalud.es/portalpaciente. Each User's username and password will allow for the User to be personally identified, after which he or she will be granted access to the system of IDCSALUD.
Said usernames and passwords are strictly personal, confidential, and non-transferrable. It is the responsibility of the User to safeguard the confidentiality of his or her password, and the User must not reveal or transfer these to third parties. The User therefore expressly accepts that IDCSALUD will presume that all use of the services accessed through the login information is the doing of the individual registered as a User except in cases in which prior notification has been given that the login information has been lost or stolen. Any User who believes that his or her login information may have been accessed by another—either accidentally or fraudulently—must report this to firstname.lastname@example.org. In such circumstances, we will cancel your existing Login Information and provide you with new information.
You must periodically change your password when requested to do so.
IDCSALUD may block access to and use of the website or Service when doing so is deemed necessary for reasons of security. The Service will be automatically blocked if successive login attempts are unsuccessful, that is, when an incorrect username or password is entered erroneously a number of times.
REQUIREMENTS OF USE
In order to gain access to the Service, you will need a device that meets the software and hardware requirements to use the web (these requirements may change over time) as well as Internet access. Users must be aware that these factors may influence the performance of the web and the possibility of accessing the Service.
IDCSALUD is not responsible for cases in which the web may be unavailable or functioning deficiently due to the use of inappropriate devices or due to Internet service interruptions caused by excess web traffic or by any other factor.
USE OF THE SERVICE
The User hereby commits to use the Service in a manner that is diligent, appropriate, legal, and in adherence of the law, the Legal Notice, these Terms, rules of use, and instructions made known to him or her, in addition to all generally accepted moral values and proper customs and behavior upholding public order.
For these purposes, you shall refrain from any activity that is illicit, prohibited, or that impinges on the rights and interest of others, and will refrain from activities that may in any way damage, disable, overload, impair, or impede normal use of the Services, computer devices, or documents, files, and any and all contents of IDCSALUD computer equipment as well as the computer equipment of other Users or any User of the Internet (hardware and software).
The User shall report any and all incidents he or she may detect as soon as possible and in such a way that the report is properly logged. Incident reports should be sent to the following e-mail address: email@example.com. Incidents are defined as any and all anomalies that affect or may affect data security as well as any detected breach of security regulations.
Each User may only access the information resources for which he or she has been granted access. Should it be discovered that it is possible to access others' personal information that should remain inaccessible, this anomaly must be reported according to the procedure appearing in the paragraph "Incident Management."
Information accessed by the User through the Patient Portal must be consulted using the IDCSALUD information systems. IDCSALUD is not liable for information exported to systems other than those pertaining to IDCSALUD.
When using the Service, the User will be responsible for ensuring that no unauthorized persons can see the information being processed.
If the application remains inactive for thirty minutes, it will be automatically deactivated. The User expressly agrees not to store, use, transmit, or disseminate:
- programs intended to unlock restricted content, serial numbers for programs, or any other content that is in violation of other parties' intellectual-property rights
- Internet-disseminated viruses, worms, Trojan horses, or destructive activities of any sort, including mail bombing or denial-of-service attacks
- activities that interrupt or interfere with proper use of the resource network by other Users
- gathering and/or using the personal information of other Users without their express consent or otherwise in a way that violates data-protection regulations
- sharing of login information with other individuals or entities
- destroying, altering, or rendering useless via other means the information, programs, or electronic documents pertaining to IDCSALUD or third parties
- impeding other Users' access through mass and unjustified consumption of the digital resources through which IDCSALUD renders any of its services and performing actions that may damage, interrupt, or cause errors in these systems
- using the system in an attempt to access restricted areas of the server without the express consent of IDCSALUD
COMMUNICATION AND EXCHANGE OF INFORMATION
The User expressly accepts that all communication, notices, and information that IDCSALUD is to send or provide to the User shall, whenever the law so permits, be sent via e-mail to the address provided by the User at the time of sign-up or, alternatively, the e-mail address provided subsequently by the User.
All communication sent by the User to IDCSALUD shall be considered valid provided it is sent to the following e-mail address: firstname.lastname@example.org.
Notices will be considered as being sent and received on the third business day following the day in which the notices are correctly sent to the addresses provided.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The design, images, banners, distinctive features, trade name, brands, logos, products, services, and the like that appear in the Patient Portal are protected under the Law on Industrial Property. In no way does the use of or access to the Service grant the User rights of any nature to the aforementioned design, images, banners, distinctive features, trade name, brands, logos, products, or services.
The website, its source code, and any and all contents accessible through this website are the intellectual property of IDCSALUD and/or third parties. Under no circumstances shall it be understood that rights to the aforementioned are granted to the User.
IDCSALUD is the owner or licensee of all the rights to the contents of the Web Portal and the Patient Portal and to any and all services offered through the website. Accessing the website or the services provided therein does not grant Users rights or ownership whatsoever to the intellectual- or industrial-property rights or the Content housed within. The User acknowledges and agrees that it is prohibited to use, reproduce, communicate, and/or distribute, modify, alter, or disaggregate said elements, whether for personal, private, and non-profit use or for commercial and for-profit motives.
IDCSALUD reserves the right to take legal actions against any User who violates or infringes upon its intellectual or industrial-property rights.
The User shall be responsible for the following:
- Safeguarding the confidentiality of the login information provided to the User.
- Providing accurate information to IDCSALUD; the User will be solely liable for any inaccurate information provided. Similarly, the User will be responsible for updating information provided to IDCSALUD in such a way that said information accurately reflects the situation of the User at all times.
- Any damages inflicted on IDCSALUD or third parties as a result of information that is not updated, false, or inaccurate and that may result from others' using the Login Information of the User.
- Should a User obtain a copy of his or her clinical information, said User will be solely liable for the use and custody of such information.
AVAILABILITY OF THE SERVICES
The information, content, and services offered through the website shall be those determined by IDCSALUD at all times and may vary from time to time. Therefore, IDCSALUD is under no obligation to continue offering these Services. Nonetheless, IDCSALUD will inform Users if and when it decides to discontinue a given Service and shall explain the conditions of the discontinuation of the Service.
In addition, IDCSALUD may partially or totally discontinue access to the Services for Users who fail to comply with these Terms.
GUARANTEE AND RESPONSIBILITIES
Although IDCSALUD utilizes systems that are compatible with most of the technology available on the market, it cannot guarantee the compatibility of the devices employed by Users.
IDCSALUD does not guarantee the availability or the continued functioning of the website or the Service. IDCSALUD shall be exempt from all liability arising from access to and use of the website and/or the Service (e.g., performance failure, interruption or delay in the functioning of the services, system or line failure), even in cases in which failure or incorrect functioning causes damage to the computer systems of third parties. Users shall access the website and the Service at their own risk.
The Service offered through the website is in compliance with the provisions of Spanish law.
IDCSALUD shall be held exempt from all liability arising from incorrect use of the website and/or Service by Users.
IDCSALUD shall not be liable for circumstances in which the Service is unavailable due to force majeure or temporary unavailability of the Service owing to technical reasons. Therefore, IDCSALUD will not be liable for any damages or losses that may result from events that are unforeseeable or inevitable either due to fortuitous occurrences or force majeure.
IDCSALUD is not responsible for failures, technical errors, accidents, malfunctions, manipulation, interruptions of service, or other incidents of any kind that may occur in products, equipment, or technical services belonging to others and that are necessary to access the services.
Although IDCSALUD has acted with diligence and has taken the necessary measures made available by technological advancements so as to avoid any possible security breaches in the Portal, IDCSALUD does not guarantee that the security means taken are beyond vulnerability.
IDCSALUD is not responsible for the legal compliance of other websites belonging to third parties which may be accessed through the Portal. IDCSALUD is not responsible for the legality of other websites that may link to this Portal.
MODIFICATIONS IN THE TERMS
IDCSALUD may include new functionalities in the website or the Service and/or change the Terms currently in force. In such cases, IDCSALUD will publish the updated version on the website so that the User may be aware of any and all changes. If the User does not agree with the new Terms, he or she will have fifteen days as of the time of the notification of the change to terminate the contract by providing valid notice of cancellation to IDCSALUD. Failure to provide notice of cancellation within the aforementioned period implies the User's full acceptance of the new Terms.
In accordance with Organic Law 15/1999 of December 13 on the protection of personal information and regulations to implement said law, Royal Decree 170/2007 of December 21, we hereby inform you and you expressly agree that the personal information you provide us with, including health-related information, shall be included in a database belonging to the enterprises that form part of Grupo IDCSALUD. In order to identify the Grupo IDCSALUD enterprises, go to the following link: www.idcsalud.es). IDCSALUD is duly registered with the Spanish Data Protection Agency for the purposes of providing the health-care services that the User may need and also respond to the requests of the User. Similarly, should the User act on behalf of others, the User is hereby informed and expressly states that the information pertaining to the person represented, including information related to the represented person's health, shall be included in the aforementioned database belonging to enterprises of Grupo IDCSALUD, and the end of this database is the same as that which is expressed above. To act on behalf of others, the User must provide proof of authorization to do so and endeavor to inform the individual represented of the contents of this clause.
This information—both that which pertains to the User and the individual represented—may be made known to the health-care professionals and organizations where you are referred to receive medical care and may be made known to the competent public institutions overseeing health-care issues as determined by law.
The User also expressly authorizes for his or her personal information related to the health-care process at hand—and, where applicable, the information of the individual represented—to be made known to the entities responsible for the care provided as determined by law or as notified to us. In such cases, only information that is necessary, appropriate, and pertinent to the process of managing payment and billing for the health care provided will be revealed, and all applicable legal norms regarding such practices will be upheld. The User also authorizes for health professionals belonging to the aforementioned entities to physically access the above-mentioned clinical information regarding the care process you receive; these steps will be taken for the purposes of control and fraud prevention, matters which are included in the scope of these funding bodies.
You are not obligated to answer all the questions you are asked during the care process, although denial to answer these questions may delay or complicate your diagnosis. The information you provide must be true, accurate, and proportionate to the health process at hand.
The User may exercise his or her rights to require that the IDCSALUD Group provide access to, change, cancel, or correct this information. This can be done via post by writing to Grupo IDCSALUD, C/ Fernández de la Hoz 24, 28010, Madrid. Such requests must be accompanied by a copy of your national identity card or, alternatively, must be processed in person. Requests made in person may be addressed to the Service and will be processed by filling out the appropriate questionnaire.
Personal information will be handled confidentially and in adherence of applicable regulations. IDCSALUD has taken the necessary technical and organizational measures to guarantee the safety and integrity of such information, preventing all unauthorized alteration, loss, treatment, or access.
Minors over the age of 16 may provide their own legal consent as regards the treatment of their personal information; the parents or legal guardians of these minors who wish to access the information pertaining to the minor must present proper documentation authorizing them to do so.
The User may voluntarily disable the Service at any time; doing so will prevent him or her from accessing the Service in the future.
The following conduct may cause an individual to lose his or her rights as a User:
- non-payment or outstanding balances owed to IDCSALUD
- impeding the performance of the Services
- transferral of the rights and obligations set forth in this contract
- involvement in legal or administrative proceedings that may jeopardize the image or commercial reputation of IDCSALUD
- non-compliance of any nature with the conditions related to the Services
Disabling an account will not affect any of the obligations of the User that apply at the time the account is disabled.
JURISDICTION AND APPLICABLE LAW
These terms and conditions of use will be governed by Spanish law. Except as required by law, the courts of law of Madrid, Spain will rule on any dispute between the Parties as to the interpretation of the contract and its performance.