Terms of Service

Terms of Service for Services Provided Electronically by the Medical Entity Nasz Gabinet.

Introduction

These Terms of Service define the types and conditions for the provision of healthcare services, including their delivery via electronic means of communication in the field of addiction prevention and psychotherapy, as well as the manner of using the website operated by:

Glossary of Terms:

The terms used in these Terms of Service shall have the following meanings:

Healthcare services - "(...) actions aimed at the preservation, rescue, restoration or improvement of health, as well as other medical actions resulting from the treatment process or separate regulations governing the principles of their performance" - Art. 3(1)(10) u.dz.l.

Medical Entity - for the purposes of these Terms of Service, this term jointly covers the following two entities: a) NORTH MEDICAL HOLDING spółka z ograniczoną odpowiedzialnością NASZ GABINET spółka komandytowa, with its registered office in Wroclaw at ul. Dworcowa 11B, 50-456 Wrocław; b) NORTH MEDICAL HOLDING spółka z ograniczoną odpowiedzialnością NASZA GRUPA MEDYCZNA spółka komandytowa, with its registered office in Wroclaw at ul. Dworcowa 11B, 50-456 Wrocław.

Person practising a medical profession - a person authorised under separate regulations to provide healthcare services, as well as a person holding professional qualifications to provide healthcare services in a specific scope or in a specific field of medicine - Art. 2(1)(2) u.dz.l.

Patient - a person seeking the provision of healthcare services or using healthcare services provided by a healthcare provider or a person practising a medical profession - Art. 3(1)(4) u.p.p.

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119/1.

Seller - A person authorised by the Medical Entity to operate the online shop to the extent enabling the scheduling of an appointment for the purpose of performing an alcohol implant procedure, a detoxification procedure, or an in-person psychotherapy session.

Psychotherapist - a person providing services in the field of therapeutic support to patients exhibiting disorders related to the use of psychoactive substances or behavioural addictions, as well as to their relatives.

Close person - a spouse, a relative up to the second degree or an in-law up to the second degree in the direct line, a legal representative, a person cohabiting with the patient, or a person designated by the patient - Art. 3(1)(2) u.p.p.

§ 1. General Provisions

1)The website at https://www.nasz-gabinet.pl/ is an internet portal through which healthcare services are provided by the entity named NORTH MEDICAL HOLDING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ NASZ GABINET SPÓŁKA KOMANDYTOWA with its registered office in Wroclaw at ul. Dworcowa 11B, 50-456, REGON: 389981373, NIP: 8971895920, entered in the register of entities conducting medical activity under number 000000244286, and North Medical Holding Sp. z o.o. Nasza Grupa Medyczna Sp.k. with its registered office in Wroclaw at ul. Dworcowa 11B (NIP 8971865505, REGON 382992698, entered in the National Court Register under KRS No. 0000789050), entered in the register of medical entities by decision of the Voivode of Lower Silesia under number 000000177707. The registration book is available at: https://rpwdl.csioz.gov.pl/. The purpose of the portal is to enable registered persons to use its resources and proposed services via the website https://www.nasz-gabinet.pl/ and the websites of entities with which the Medical Entity has concluded separate service agreements.
2)The Medical Entity offers healthcare services performed by authorised persons (practising medical professions) and psychotherapists, which may take the form of: e-consultations, issuance of e-prescriptions, performance of an alcohol implant procedure, performance of detoxification, conducting one or more in-person or online psychotherapy sessions. The detailed scope and specifics of procedures and psychotherapy sessions are described on the website www.nasz-gabinet.pl.
3)The price list for services is published at https://www.nasz-gabinet.pl/cennik.
4)Payment for electronic medical services is processed through payment intermediaries such as: Przelewy24, PayU, Paypal, BLIK, Szybka płatność, payment card, Google Pay, Apple Pay, as well as fast payment methods such as: Visa Mobile, online card payment, iPKO, mBank, ING Bank Śląski, Santander, Bank PEKAO S.A., Millennium, Alior Bank, Inteligo, Crédit Agricole e-przelew, Płacę z Citi Handlowy, Płać z BOŚ, BNP Paribas, Płacę z Velo Bank, Banki Spółdzielcze, Bank Pocztowy, Plus Bank, Visa Checkout, Nest Bank, Bank Nowy S.A.
5)Users of the website may be natural persons who have reached the age of 18 and possess full legal capacity (who have not been fully or partially incapacitated by a court judgement).
6)The condition for using the website is registration using complete, true and factually accurate personal and contact data of the user, as well as granting consent to the processing of personal data as referred to in Art. 4(11) of the GDPR and Art. 7 of the GDPR, including consent to the disclosure of personal data to entities providing services to the Medical Entity, in accordance with the requirements of applicable law.
7)A registered person has the ability to view and update their personal data until the completion of the provision of healthcare services.
8)A registered person may not use the accounts of other persons or make their account available to other persons for the purpose of selecting and purchasing healthcare services offered by the Medical Entity.
9)In the event that it is made probable that a registered person has made their account available to another person, the Medical Entity has the right to suspend the account or delete it.
10)By accepting these Terms of Service, the User declares that they have been informed that the Medical Entity does not hold a contract with the National Health Fund (NFZ) for the reimbursement of medical services from public funds.
11)Loyalty programme and promotions in the Kroplówki.pl by Nasz Gabinet application
1. 11.1.The Medical Entity may organise promotional programmes and a loyalty programme for Patients using the Kroplówki.pl by Nasz Gabinet mobile application, available in the App Store and Google Play.
2. 11.2.The conditions for using a promotion or the loyalty programme are:
  1. a)holding an active account in the application,
  2. b)confirming the telephone number by SMS message,
  3. c)meeting the conditions specified for the given promotion.
3. 11.3.The Patient is entitled to a one-off discount of 10% on the first order placed via the mobile application. The discount:
  1. a)is applied automatically,
  2. b)covers only the price of the drip,
  3. c)does not cover the cost of the medical staff's travel to the Patient,
  4. d)is available only once per Patient.
4. 11.4.Under the loyalty programme, every tenth order placed via the mobile application entitles the Patient to receive one drip free of the fee for the health service. The entitlement applies respectively to the tenth, twentieth, thirtieth and each subsequent tenth order.
5. 11.5.A drip granted under the loyalty programme:
  1. a)covers one person only,
  2. b)does not cover the cost of the medical staff's travel,
  3. c)in the case of an order covering more than one Patient, exempts only one drip from the fee, while the remaining services are payable in accordance with the applicable price list,
  4. d)an order covering more than one Patient is treated as a single order for the purposes of the loyalty programme count.
6. 11.6.The Medical Entity may make promotional codes available which entitle the holder to discounts or other benefits on the terms specified for the given code. Each promotional code may have a separate validity period, usage limit and individual terms of use.
7. 11.7.Promotions, discounts and benefits under the loyalty programme cannot be combined unless the terms of a given promotion expressly provide otherwise. Where the conditions for using more than one promotion or discount are met, the Medical Entity will automatically apply the solution most favourable to the Patient.
8. 11.8.The Medical Entity reserves the right to change, temporarily suspend or terminate the loyalty programme and the promotions organised in the mobile application, subject to respecting the rights of Patients who acquired entitlements before the date on which the changes enter into force.

§ 2. Rules for the Provision of Healthcare Services

1) Purchase and reservation of the service

1.1.A User wishing to use the services of the Medical Entity may make a purchase via the website www.nasz-gabinet.pl by making a payment through the "QUICK PAYMENT" button located at the top of the page, or use the online e-registration service available on the website www.nasz-gabinet.pl, or make a purchase directly from the website rejestracja.nasz-gabinet.pl/. In order to schedule an appointment via the calendar module available on the subpages of the Nasz Gabinet website, which constitutes a functional module of e-registration, the user should navigate to the selected service subpage. The remaining rules regarding payments and refunds applicable to users using the calendar module are set out in these Terms of Service.
1.2.Purchasing a given service via the e-registration system requires the User to take actions such as: entering the necessary personal data, the processing of which is carried out in accordance with the principles set out by the Personal Data Protection Act and the GDPR.
1.3.The provision of data by the User enables the processing of personal data and sensitive data in connection with obtaining patient status.
1.4.Placing an order via the calendar available at www.rejestracja.nasz-gabinet.pl involves selecting one of the services offered by the Medical Entity in the Services Calendar. The User places the order by selecting the type and category of service and the date and time of its performance. After selecting the service, the User is required to indicate the city in which the service is to be performed and then move the service to the Basket and make the payment. In the case of selecting a detoxification service, the Medical Entity reserves the right to change the time of the selected service within a range of up to 24 hours from the date and time indicated by the Patient, if the medical staff is unable to perform the service at the originally selected time due to reasons beyond the control of the Medical Entity.
1.5.The purchase process via the website www.nasz-gabinet.pl and the website rejestracja.nasz-gabinet.pl consists of the following stages:
1. a)Selection of service - in order to purchase a service, the Patient should first select the specific service and its type, the location (the city in which the purchased service will be performed), the date, and the time at which the service is to be performed.
2. b)Completion of patient data takes place through the Patient correctly filling in personal data such as: first name, surname, PESEL number or, in the case of foreigners, the number and series of an identity document, home address, contact number, and email address. In the case of purchasing a service or scheduling an appointment for another "close" person, the person booking the appointment for the given service is obliged to provide: the first name and surname of the person who will use the paid service, together with their email address and telephone number.
3. c)Proceeding to the payment process takes place by clicking the "book appointment" icon after the Patient has correctly filled in all the data indicated in point b).
4. d)Once all data have been correctly entered, the user should select a convenient payment method and accept the website's Terms of Service and the consent to the processing of personal data for the purposes of providing medical services and for the possibility of contact related to the performance of the service. After accepting both items, the user should click the "confirm and pay" button, after which the person taking part in the payment process is redirected to the website of the selected payment provider, e.g. PayU, and there finalises their payment in accordance with the instructions provided. Upon the correct payment of the order for the selected service, the user returns to the e-registration page, on which information on its successful completion is displayed.
1.6.Upon making the payment, the User consents to receiving a document confirming the payment. Confirmation of the purchase will be sent electronically to the email address provided.

2) Time of performance and contact with the Patient

2.1.The time for the performance of the service selected by the Patient is 30 calendar days, and for a voucher - 6 months, counting from the moment of a correctly completed and paid purchase.
2.2.If the Patient did not select a specific appointment date during the purchase, the Medical Entity shall contact the Patient in order to arrange the date for the performance of the service, as a rule no later than within 24 hours of the payment being credited.
2.3.The Medical Entity shall make a maximum of two attempts to contact the Patient by telephone, at intervals of approximately three hours. If the purchase is made by 6:30 PM, the first contact attempt may take place on the same day, before 7:45 PM, and the next one on the following day. If the purchase is made after 8:00 PM, both contact attempts may be made on the following day.
2.4.If it is not possible to contact the Patient, the Patient is obliged to contact the Medical Entity themselves before the expiry of the validity period of the service. Failure to make contact does not extend the validity period of the purchased service.
2.5.In the event that the Patient does not exercise the right to schedule an appointment within 30 days of the purchase of the service, the Medical Entity shall have the right to retain 100% of the amount paid by the Patient for the medical service, on account of operational costs.
2.6.In the case of selecting detoxification or a drip, the Medical Entity reserves the right to change the time of the performance of the service within a range of up to 24 hours relative to the date indicated by the Patient, if the medical staff is unable to perform the service at the originally scheduled time due to reasons beyond the control of the Medical Entity.
2.7.In the case of detoxification or a drip, a change to the date or time of performance of the service due to reasons attributable to the Medical Entity shall take place in accordance with the rules set out in § 2, point 5.4 of these Terms of Service.

3) Medical qualification and contraindications

3.1.The provisions on consumer rights, including the Consumer Rights Act of 30 May 2014 (consolidated text: DzU 2023, item 2759), do not apply to the provision of healthcare services, including with regard to the rules on withdrawal from a contract concluded at a distance.
3.2.Information about circumstances constituting a contraindication to the performance of the service (performance of the alcohol implant procedure/detoxification) is included in the service description. By purchasing a given service, the Patient accepts that they have read the presented contraindications and, consequently, is aware of the consequences arising from disregarding them, and further bears full responsibility for providing truthful information regarding their state of health. The Medical Entities shall not be liable for consequences arising from failure to read the content of the service description or from disregarding information on contraindications, and lack of knowledge thereof shall not constitute grounds for withdrawal from the agreement or for a refund of the fee paid for the service.
3.3.By accepting these Terms of Service, the Patient declares that they undertake to read the information on the manner of providing services and the information regarding contraindications for the performance of the alcohol implant procedure/detoxification. At the same time, by accepting the Terms of Service, the patient confirms that they have read the information concerning the methods of processing their personal data.
3.4.The Patient is obliged to provide truthful answers to the questions posed in the content of the questionnaire. Providing untruthful answers to the questionnaire questions constitutes the Patient's contribution to the occurrence of damage. In such cases, the content of Art. 362 of the Civil Code Act shall apply accordingly. By accepting these Terms of Service, the Patient declares that all information provided by them during the medical interview is true and to the best of their knowledge.

4) Implantation of Disulfiram WZF

4.1.In the case of the Disulfiram implantation procedure (the so-called alcohol implant), due to the currently limited availability of the preparation on the pharmaceutical market, the Medical Entity currently implants a preparation containing 100 mg of the active substance. By purchasing the service, the Patient acknowledges that the amount of the implanted substance is dictated by the availability of the medicine and does not constitute an indicator of the effectiveness of the therapy, the duration of the preparation's action, or the intensity of the reaction after alcohol consumption. The Patient gives informed consent before each performance of the procedure.
4.2.In the event that the Patient presents for the alcohol implant procedure in a condition that prevents the performance of the service (e.g. a state following the consumption of alcohol, psychoactive substances, or other similarly acting substances), the Patient shall have the right to schedule a new appointment within 7 days. The basis for scheduling the next appointment date for the procedure is the payment of an additional fee of 250.00 zł for the pre-procedure medical consultation carried out.
4.3.Before the performance of the procedure, the Patient gives separate informed consent.
4.4.The pre-implant consultation costs 250 zł and includes qualification for the alcohol implant procedure or the issuance of a prescription for oral pharmacotherapy. If the Patient qualifies for the procedure and decides to proceed with the implantation, it is possible to perform the procedure directly after the consultation, following prior payment for the service.
4.5.The post-procedure check-up is included in the price of the procedure and may be carried out within 2 months of the performance of the procedure. The post-procedure check-up does not cover the removal of sutures where non-dissolvable sutures were used - this service is subject to an additional fee of 50 zł.

5) Detoxification, drips

5.1.Reserving an appointment requires payment of a reservation fee of 250.00 zł.
5.2.The reservation fee:
1. a)constitutes part of the price of the service;
2. b)where the service is duly performed, is credited towards the total price of the service;
3. c)serves to confirm the appointment and to cover the organisational costs associated with preparing the medical staff and remaining on standby to provide the service.
5.3.The rules on the non-refundability of the 250.00 zł reservation fee in the event of the cancellation or rescheduling of an appointment, the Patient's failure to attend, or the impossibility of performing the service for reasons attributable to the Patient, are set out in § 2, point 8.3 of these Terms of Service. Reserving a further appointment is conditional upon payment of a new reservation fee of 250.00 zł.
5.4.A change to the date or time of performance made for reasons attributable to the Medical Entity:
1. a)does not result in the loss of the reservation fee;
2. b)does not require the Patient to make a further payment;
3. c)entitles the Patient to arrange a new available appointment.
If the Patient does not accept the new appointment proposed for reasons attributable to the Medical Entity, the reservation fee shall be refunded.
5.5.The rules on the Medical Entity's ability to change the time of performance of detoxification or a drip are set out in § 2, point 2.6 of these Terms of Service.

6) E-consultations

6.1.E-consultations conducted by persons practising medical professions are carried out using electronic means of communication, which constitutes action consistent with the content of Art. 3(1) u.dz.l.
6.2.E-consultations are performed on the basis of an interview conducted with the Patient. The interview is conducted in the form of an e-questionnaire containing questions relevant from the standpoint of current medical knowledge.
6.3.The result of an e-consultation may be the issuance of a prescription to the Patient, provided that, in the physician's opinion, this constitutes action consistent with the current state of medical knowledge. Refusal to issue an e-prescription due to the absence of medical grounds or for reasons of patient safety does not constitute grounds for a refund of the funds paid by the Patient for the performance of the e-consultation service.
6.4.An e-consultation is general in nature and in no case replaces specialist treatment, which may only commence after detailed diagnostic and therapeutic activities have been carried out.

7) Conditions for changing the service, rescheduling the appointment, and failure to attend

7.1.The Medical Entity permits the amendment of a previously purchased healthcare package or type of healthcare service no later than 2 business days before the planned appointment date. Appointments scheduled for less than 2 business days before the date of performance automatically exclude the possibility of changes.
1. a)On the day of the performance of the appointment and during the provision of the healthcare service, it is not permitted to withdraw from the purchased healthcare package or to change to a healthcare service or package of lesser value. In such cases, the fee paid shall not be refunded in whole or in part, including with regard to the price difference.
2. b)On the day of the performance of the appointment, it is permitted to change to a healthcare service or package of greater value, provided that the Patient pays the additional amount constituting the price difference and insofar as this is justified by the patient's state of health and possible in view of the organisation of the provision of healthcare services at the Medical Entity.
7.2.The Patient has the right to reschedule the alcohol implant procedure free of charge up to two times, provided that each change is notified more than 24 hours before the planned appointment date. The third and each subsequent change of date, also notified more than 24 hours in advance, requires payment of an additional fee of 100.00 zł.
7.3.Arranging a further appointment also requires payment of an additional fee of 100.00 zł in the following cases:
1. a)notifying a change of appointment 24 hours or less before the planned appointment;
2. b)cancelling the appointment on the day of its performance;
3. c)the Patient's failure to attend the scheduled appointment;
4. d)scheduling an appointment on the day of its performance and subsequently requesting to move it to another date;
5. e)scheduling an appointment on the day of its performance and failing to attend it.
7.4.The Patient is entitled to a one-time rescheduling of an appointment for psychotherapy or a psychiatric consultation no later than 24 hours before the scheduled appointment time.
1. a)If the appointment is rescheduled less than 24 hours before its planned performance, the Medical Entity has the right to retain 100% of the amount paid, and the appointment is forfeited.
2. b)If the appointment is scheduled for the day preceding its performance or on the day of the appointment, the right to reschedule does not apply.

8) Rules on cancelling appointments and refunds

8.1.A refund of 100% of the amount paid is due to a Patient who cancels an appointment more than 2 business days before the scheduled date (day) of its performance.
1. a)The cancellation of an appointment and the simultaneous scheduling of a new date within the same payment does not constitute the conclusion of a new agreement and does not trigger the re-activation of the right to cancel the appointment while retaining the possibility of obtaining a refund. The entitlement to a refund applies exclusively to the original appointment for which the payment was made.
2. b)In the event that an appointment is scheduled for the day preceding the procedure or for the day on which the procedure is to take place, the Patient is not entitled to a refund of the amount paid, regardless of the reason for the cancellation of the appointment.
8.2.The payment made shall likewise not be refunded in the event that the provision of the selected service (performance of the implant procedure, commencement of the detoxification process) is not possible due to the patient's state of health at the time of presenting to the selected entity, or due to circumstances which, in accordance with the current state of medical knowledge, constitute, on the day of presenting for the service, a contraindication to the commencement of the procedure selected by the patient.
8.3.The 250.00 zł reservation fee paid towards detoxification/a drip shall not be refunded or carried over to a further appointment where, for reasons attributable to the Patient:
1. a)the Patient cancels the appointment;
2. b)the Patient changes the appointment date;
3. c)the Patient fails to attend the scheduled appointment;
4. d)the performance of the service is not possible due to a lack of cooperation on the part of the Patient or other circumstances attributable to the Patient.
The rule on the non-refundability of the reservation fee applies regardless of how much advance notice the Patient gives when cancelling the appointment or requesting a change of date.
8.4.In the case of purchasing a home-visit detoxification service, cancellation of the appointment less than 6 hours before the scheduled performance shall result in the loss of 100% of the amount paid. In the case of cancellation of the appointment between 24 and 6 hours before the scheduled performance, the Patient shall be entitled to set a new date within 7 days upon payment of an additional fee of 100.00 zł. In other cases, the Medical Entity shall retain 100% of the amount paid on account of the costs associated with remaining on standby to provide the service.
8.5.Healthcare packagesA package of services or treatment plan purchased by the Patient constitutes a single, comprehensive medical service, the price of which covers all the services included within its scope; settlement is made for the entire package as a single service, and the commencement of the performance of any of its elements excludes the possibility of a refund, in whole or in part, of the amount paid for any unused services.
1. a)In the case of a therapy package, unused appointments are non-refundable; the Patient has the possibility of changing therapist following prior contact with the Medical Entity's helpline.
2. b)It is possible to use any unused portion of the funds for other services available within the Medical Entity's offer, including those which do not form part of the package or which are provided for therein in a different number.
8.6.In the cases specified in § 2, point 7.1(a) of these Terms of Service, the fee paid shall not be refunded in whole or in part, including with regard to the price difference.
8.7.In the event of withdrawal from the performance of a healthcare service due to a culpable act or omission attributable to the Medical Entity, the Patient shall be offered an alternative date for the performance of the service. If the Patient does not accept the new date for the service, the Patient shall not be charged any costs, and the fee paid by the Patient shall be refunded to the individual account from which the payment was made. The above shall not apply to the non-performance of a service due to force majeure, which shall be understood to mean sudden events, unforeseen events, or events beyond human control. Force majeure shall also be understood to include the occurrence of an epidemic threat situation affecting the continuity of the provision of healthcare services.
8.8.Use of the amount towards other servicesIn the event of cancelling a service within a period which, under these Terms of Service, does not entitle the Patient to a refund of the amount paid, the Medical Entity may agree to the amount paid being used towards other services available in its offer. The choice of another service depends on its availability, the organisational capabilities of the Medical Entity and, where required, on obtaining the appropriate medical qualification.

§ 3. Individual Medical Documentation

1)Medical documentation relating to services provided within the scope of e-consultations is created, recorded, stored and archived in accordance with the provisions of u.p.p.
2)The Patient has the right to access individual medical documentation created during the e-consultation process.
3)A Patient seeking the disclosure of medical documentation in the form of electronic data transmission is required to complete a request form. In order to receive the request form, the Patient must submit a request for the form by contacting the Medical Entity by email at: kontakt@nasz-gabinet.pl. Upon receipt of the form, the Patient is required to complete it and return it to the email address indicated above. The request shall be processed within 30 days of its receipt.
4)The Patient has the right to designate a so-called contact person (or persons) who will be authorised to obtain the whole or a strictly specified part of the medical documentation during the Patient's lifetime. The designation of a person authorised to access the documentation is made by completing request form No. 2, which constitutes an appendix to these Terms of Service, and sending it to the email address kontakt@nasz-gabinet.pl. The declaration regarding the designation of a person authorised to access the documentation shall remain valid until revoked by the Patient.
5)Revocation of a previously submitted declaration is made by completing request form No. 3 (constituting an appendix to these Terms of Service) submitted via email to the address kontakt@nasz-gabinet.pl.
6)Medical documentation in the form of electronic data transmission is made available by the Medical Entity at the request of the Patient or a person authorised by them without undue delay upon receipt of the request.
7)Close persons within the meaning of u.p.p. who have not been designated by the Patient as persons authorised to access the documentation do not have the right to obtain the documentation during the Patient's lifetime.
8)In the event that the Patient did not object to the disclosure of documentation after their death, a close person within the meaning of Art. 3(1)(2) u.p.p. shall have the right to obtain the Patient's medical documentation, provided that no other close person objects to the disclosure of the documentation.
9)In the event that the Patient objected during their lifetime to the disclosure of medical documentation after their death, in non-contentious proceedings at the request of a close person, the court may grant consent to the disclosure of medical documentation and determine the scope of its disclosure, if this is necessary: for the purpose of pursuing compensation or redress on account of the patient's death; for the protection of the life or health of a close person.
10)The Patient bears full responsibility for the use of the content contained in the medical documentation disclosed in the form of electronic data transmission.
11)Upon the expiry of the period provided for the archiving of medical documentation, the Medical Entity destroys the medical documentation in a manner that prevents the identification of the patients to whom it related. Medical documentation designated for destruction may be released to the patient or to a person authorised by the patient at their express request.

§ 4. Complaint Procedure

1)A Patient who has reservations regarding the scope, manner or quality of services provided through the Medical Entity is entitled to file a complaint.
2)The complaint notification should contain the reason for filing the complaint and specify the Patient's claim. The notification should contain the Patient's current personal and contact data.
3)The complaint should be submitted electronically to the email address: kontakt@nasz-gabinet.pl within an absolute deadline of 14 days from the date the irregularity occurred.
4)The Medical Entity undertakes to process a correctly submitted complaint within 30 business days of its receipt and to send a response to the email address indicated by the Patient.
5)By accepting these Terms of Service, the Patient declares that they have been informed that each complaint is reviewed individually, and the manner of its resolution, including any potential refund of the payment made, shall take place upon the conclusion of an individual agreement between the Patient and the Medical Entity.

§ 5. Personal Data Protection

1)The Medical Entity ensures full protection of data confidentiality in accordance with the Personal Data Protection Act of 10 May 2018 (consolidated text: DzU 2019, item 1781) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC - hereinafter: the GDPR.
2)By accepting these Terms of Service, the Patient declares that they have been informed that health-related personal data includes all data concerning the health of the data subject, revealing information about the past, present or future state of physical or mental health of the data subject.
3)The personal data of registered persons are disclosed to the following categories of recipients:
1. a)persons practising a medical profession employed by or cooperating with the Controller,
2. b)other persons performing ancillary activities in the provision of healthcare services, as well as activities related to the maintenance of the IT system in which medical documentation is processed, and the provision of security for this system, on the basis of authorisation granted by the Controller,
3. c)medical entities cooperating with the Controller in order to ensure the continuity of treatment and the availability of healthcare services,
4. d)persons authorised by the Patient in connection with the exercise of the Patient's rights;
5. e)service providers providing appropriate technical and organisational solutions enabling the provision of healthcare services (e.g. IT service providers, non-medical personnel, etc.).
6. f)providers of legal and advisory services, in the event of the need to pursue claims due (in particular law firms);
7. g)entities maintaining medical registers on the basis of applicable legal provisions,
8. h)other entities authorised on the basis of legal provisions, in particular Art. 26 of the Act of 6 November 2008 on Patient Rights and the Patient Rights Ombudsman.
4)The retention period for the personal data of registered persons depends on the legal basis for their processing:
1. a)in the event that the data constitute medical documentation - the retention period, in accordance with Art. 29 of the Act on Patient Rights and the Patient Rights Ombudsman, is 20 years, counting from the end of the calendar year in which the last entry was made, subject to the exceptions indicated in that provision. Upon the expiry of the periods indicated in the Act on Patient Rights and the Patient Rights Ombudsman, the entity providing healthcare services destroys the medical documentation in a manner that prevents the identification of the patient to whom it related. Medical documentation designated for destruction may be released to the patient, their legal representative, or a person authorised by the patient.
2. b)in the event that the data are processed on the basis of Art. 6(1)(c) GDPR, personal data collected for the purpose of fulfilling obligations arising from legal provisions, including tax law, shall be retained for the period of fulfilment of those obligations and for the period required by legal provisions. Data processed for the purposes of accounting and tax obligations are processed for the period indicated in Art. 74 of the Accounting Act, that is, as a rule, for a period of 5 years from the beginning of the year following the financial year to which the data relate.
3. c)in the event that the data are processed on the basis of Art. 6(1)(b) GDPR, personal data shall be processed until the completion of all factual and legal activities necessary for the performance of the contract or for securing any potential claims.
4. d)In the event that the data are processed on the basis of Art. 6(1)(f) GDPR, personal data shall be processed until the fulfilment of the legitimate interests of the Controller constituting the basis for that processing, or until you lodge an objection to such processing. In the case of the processing of personal data for the purpose of pursuing claims, such data shall be processed until the final conclusion of the dispute.
5)The scope of rights available to a registered person in the field of personal data protection depends on the legal basis for their processing:
1. a)You always have the right to access the content of your personal data and the right to have it rectified.
2. b)In the cases indicated in the GDPR, you also have the right to request the erasure of personal data and the right to request the restriction of its processing.
6)The right to request the erasure of personal data does not apply, inter alia, to the extent that processing is necessary for reasons of public interest in the field of public health in accordance with Art. 9(2)(h) GDPR, or for the establishment, exercise or defence of claims.
7)In the event that the data are processed on the basis of Art. 6(1)(f) GDPR, you additionally have the right to object to the processing.
8)In the event that the data are processed on the basis of Art. 6(1)(b) GDPR, you are additionally entitled to the right to data portability.
9)Regardless of the basis for processing, you are also entitled to lodge a complaint with the supervisory authority - the President of the Personal Data Protection Office.
10)In the course of the Medical Entity's current operations, automated decision-making does not take place and profiling does not occur.

§ 6. Liability of the Medical Entity

1)The Medical Entity shall not be liable for damages incurred by Users such as: inability to conduct an e-consultation with a psychotherapist via the portal and damages resulting from an interruption in access to the portal resources, including loss of data, caused in particular by: force majeure, failure to read the Terms of Service contained on the website, improper functioning or failures of internet service providers' connections, failures of Users' hardware or software, and non-compliance with the rules set out in the content of these Terms of Service.
2)The Medical Entity shall not be liable for damages arising from the Patient providing untruthful answers to the questions in the questionnaire used for conducting an e-consultation.
3)The Medical Entity shall not be liable for consequences resulting from the Patient's failure to read the information on the manner of providing services, including information regarding contraindications for the performance of the alcohol implant procedure or the detoxification procedure.
4)The Medical Entity shall not be liable for damages incurred by the Patient in connection with the refusal to perform the alcohol implant procedure/detoxification due to the existence of grounds which, in accordance with the current state of medical knowledge/the Patient's state of health, constitute a basis for refusing to perform the service at the scheduled date.
5)The Medical Entity shall not be liable for the use of the content contained in the medical documentation by the Patient and persons who obtained the medical documentation on the basis of an authorisation submitted by them.

§ 7. Final Provisions

1)The Controller of Patient personal data is the Seller:
1. a)NORTH MEDICAL HOLDING spółka z ograniczoną odpowiedzialnością NASZ GABINET spółka komandytowa, with its registered office in Wroclaw at ul. Dworcowa 11B, 50-456 Wrocław;
2. b)NORTH MEDICAL HOLDING spółka z ograniczoną odpowiedzialnością NASZA GRUPA MEDYCZNA spółka komandytowa, with its registered office in Wroclaw at ul. Dworcowa 11B, 50-456 Wrocław.
2)Patient personal data is collected and processed by the Medical Entity for the purpose of performing the agreement concluded with the Patient and, if the Patient has given consent, for the purpose of sending commercial information.
3)The Medical Entity declares that Patient personal data may be transferred to third parties solely for the purpose of performing the agreement concluded with the Patient or in situations where required by applicable provisions of Polish law.
4)The Service Provider's privacy policy and "cookies" policy are set out in a separate document entitled "Privacy and Cookies Policy", available at www.nasz-gabinet.pl/cookie-policy/.
5)The content constituting works and published on the Online Shop, including its logo, name and graphic design, photographs, texts and advertising slogans, is subject to copyright protection of the Seller or another entitled entity.
6)When purchasing healthcare services on the website www.nasz-gabinet.pl and rejestracja.nasz-gabinet.pl, it is necessary to read the applicable Terms of Service. Failure to accept them obliges the user to leave the aforementioned domains. The Medical Entity enables contact for the purpose of concluding an agreement on terms other than those established in the Terms of Service, including without the use of remote contact.
7)The Medical Entity reserves the right to grant discounts from the prices indicated in the Terms of Service, on the basis of an individual agreement with the patient.
8)The Medical Entity reserves the right to undertake all actions permitted by law in the event of liquidation or a change in the nature of its medical activity.
9)These Terms of Service shall enter into force on the date of their publication.