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PRIVACY POLICY

Welcome to the website: www.felgdent.com, app.felgdent.com [hereinafter "Internet Service”]. Presented privacy policy is to present the ways we use for the collection, use and sharing of data, that Users of Internet Service may provide in connection with establishing cooperation with the Internet Service. Please read the entire content of the privacy policy before using the services of our Website and providing any information.
Respecting the rights of each User, and the Personal Data Protection Act from 29th August, 1997. (Dz. U. 2002. No. 101, item. 926, as amended), we commit ourselves to maintain the security and confidentiality of personal data acquired. Please be advised, that all employees of our Service, are adequately trained in the processing of personal data.

I. DEFINITION

CONTROLLER - FELG Software Sp. z o. o. with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, the company provides electronic services and stores and gets access to Users information from their devices.

APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.

COOKIES - means the computer data, in particular small text files that are saved and stored on the devices through which the User uses the Application FELG Dent and website of the Service.

CONTROLLER’S COOKIES - Cookies published by the Controller, related to the provision of electronically Services provided by the Controller through the Internet Service.

EXTERNAL COOKIES - Cookies published by the Controller’s partners, through the website of the Internet Service.

INTERNET SERVICE - website (including subpages) available under www.felgdent.com, app.felgdent.com, created by, and owned by Services Provider, connected to internet, allowing Users to use the Resources and Applications.

DEVICE - means an electronic device through which the User accesses the Internet Service and FELG Dent Application.

USER - means the entity to whom accordance with the Rules and laws can be provided electronically or services
which may be entered into a contract for the provision of electronic services, including sharing based on the
Application License Agreement FELG Dent.

LICENCE AGREEMENT– an agreement, on basis of which
FELG Software Sp. z o. o., permits Licensee to use the Application.

THE GENERAL TERMS AND CONDITIONS – document specifying the rules of electronically provided Services, The General Terms of Using by Users the Website/ Internet Service www.felgdent.com, app.felgdent.com, which is one of the conditions of conclusion of the License Agreement and usage of the Application.

II. SCOPE OF PERSONEL DATA AND THE RANGE OF PROCESSING

The following provisions relating to the collection and processing of personal data, apply only to entities subject to protection under the provisions of the Act on the Protection of Personal Data from 29 August 1997. (Dz. U. No. 133, item 1997. 883) A collection of Users' Personal Data has been submitted for registration to General Personal Data Protection Supervisor.

1. PERSONAL DATA COLLECTED BY THE INTERNET SERVICE IN CONNECTION WITH THE PROVISION OF ELECTRONIC SERVICES

1.1. Name and surname – at the time of ordering, and registration to the User Account, the User will be asked for his name and surname, in case of necessity of sending and confirming the orders by Controller and for keeping contact between the User and the Internet Service.
1.2. Residence address and, eventual delivery address: This information is necessary for the cooperation between the User and the Service.
1.3. Phone number: This information is necessary for the cooperation between the User and the Internet Service, based on the License Agreement.
1.4. E-mail address: via e-mail service Internet Service sends a confirmation of the order and can contact with the User regarding the Services, including the functionality of an Application provided by the Internet Service. In addition, if the User wants to receive the newsletter, on the provided email address commercial information will be sent. The Controller can also use e-mail of the User to send a survey regarding Users satisfaction of the services provided by the Internet Service, including, quality and performance of the provided Application, based on the License Agreement.

2. PURPOSE OF THE PERSONAL DATA COLLECTION

2.1. Viewing the contents of a website does not require provision of Users Personal Data.
2.2. Users data are collected, stored and processed to provide the Services connected with the use of Application based on the License Agreement, including enabling the proper functioning of an Application, improving its functionalities and its technical parameters, and it is strictly connected with the cooperation between the User and the Controller in regards to an Application based on the License Agreement.
2.3. The Controller can send to the Users commercial information regarding the Service, such as Internet broadcast (webcast), newsletters, provided by the Internet Service, also at given e-mail address, provided that the User agrees.
2.4. The Controller can process Users Personal Data in order to improve services, and to adjust the advertising materials or recommendations to the preferences and interest to the Users, display on the Website. For this purpose, the Controller can relate the Personal Data provided by the User in connection with the usage of the Service, with the other Personal Data of the User, processed by the Controller.
2.5. The Controller declares that Personal Data, which are necessary to execute payments, including the case of selection online payment options by the User, will be processed by PayLane Sp. with o.o based in Gdansk, ul. Arkańskiej 6 / A3, 80 - 387, for which the District Court Gdańsk - North in Gdańsk, VII Commercial Division of the National Court Register under KRS leads No. 0000227278.

3. DATA RELATED WITH REVIEWING OF THE INTERENT SERVICE WEBSITE

3.1. The Service can obtain other information resulting from the general principles of Internet connections, such as IP address, number and source of the visit is to the Website, the time of the visit. Viewing of the content, number and type of opening subpages, references used, or computer's IP number, which can be used by the Internet Service for technical purposes as well as for statistical purposes.
3.2. The Controller does not link above mentioned information with Users Personal Data, and does not use them to identify the User, unless it is necessary for the proper provision of the Services through the Internet Service, including, in particular, the proper functioning of an Application.
3.3. The Controller uses the information referred to above, solely for the purpose of market research and Internet traffic within the Store web site, for statistical purposes, in particular to improve the quality of Services provided by the Internet Service.

4. BASIS OF THE PROCESSING OF PERSONAL DATA
Personal data are processed on the basis on Users consent, and in cases when the law authorizes the Controller to the processing of personal data.

4.1. Consent to the Processing of the Personal Data occurs during the registration process, by selecting the appropriate place, leading to the possibility of using an Application, in connection with the acceptance of this Privacy policy, which is based on the conclusion of the License Agreement.
4.2. Each User can choose, whether and in what extent he wants to use our Services and share information about himself. Please keep in mind, that failing to provide some Personal Data in certain cases, may prevent you from using the Services offered by the Internet Service. You may, revoke provided consent to the collection and processing of the Personal Data at any time.

5. THE RIGHTS OF THE USER RELATED WITH COLLECTION AND PROCESS OD THE PERSONAL DATA.

5.1. Each of the User has an access to the content of the Personal Data, and to improve and update them.
5.2. If you change your Personal Data You should take care to update Personal Data on personalized account, if any.
5.3. The Controller provides Users the ability to remove the User Personal Data on their request, as well as in other cases, pursuant to applicable law.
5.4. Controller reserves, that he may refuse to remove Personal Data, if the User has not settled all Controller receivables payments, and violate the provisions of the License Agreement, or violate the provisions of the “The General Terms of Using by Users the Website/ Internet Service www.felgdent.com” or applicable laws, and the retention of the Personal Data is necessary to explain the circumstances and determine the liability of the User.

III. COOKIES POLICY

1. Cookies adopted by the Controller are safe for the Users Devices. In particular, is not possible for viruses or other unwanted software or malware to get into the Users Devices thought adopted cookies. Those files allow to identify the software used by the User and adapt the Services and an Applications individually to each User. Cookies typically contain the name of the domain from which they come from, their storage time on your Device and assigned value.

2. The Controller uses two types of cookies files:

2.1. Session cookies: they are stored on the User Devices and remain there until the end of the browser session. The recorded information is then permanently deleted from the memory of Devices. Cookies session does not allow you to download any personal data or any confidential information of User Devices.
2.2. Persistent cookies: they are stored on the User Devices and remain there until you delete them. The end of the session, the browser or disable devices do not delete them from the User’s equipment. Persistent Cookies mechanism does not allow to download any personal data or any confidential information of User Devices.
2.3. The User has the ability to limit or disable cookies access to his Devices. Controller informs, that if the User make use of this option, usage of the Service or Application will be possible, besides the functions which, by their nature, require those Cookies.

3. The purposes for which cookies are used:
The Controller uses Own Cookies for the following purposes:

3.1. Configuration of the site, including:

  • adaptation of web content and operation of an Application, User preferences, and to optimize the use of its Internet Service Web Sites and Application.
  • recognize the Users Device, an Application and the Service and its location and display the webpage, tailored to their individual needs;
  • storage of the settings chosen by the User and the User interface personalization, eg. In terms of the language or region from which the User comes from,
  • remembering the history of visited pages on the site to recommend the content,

3.2. Certify Users by useing an Application and ensure continued access:

  • maintain the session's Application, by which the User does not need to enter a key number, each time he starts the installation;
  • correct configuration of selected Application functions,
  • optimize and increase the efficiency of Services provided by the Controller.

3.3. The processes for full functionality of an Application and Service:

  • customize the content of an Application and the Service to Users preferences, and optimize the use of an Application and the website of the Service. In particular, these files, which allow to recognize the basic parameters of the Users Devices and appropriately share an Application, tailored to their individual needs;

3.4. Storing the User's location, including:

  • proper configuration and application specific functions of the Service, allowing in particular the alignment of the information provided to the User with regard to his location.

3.5. Studies, research and audit of frequency of use, create anonymous statistics that help to understand how the Users use the Application and the Services web pages, what makes enable the improvement of their structure and content;

3.6. Providing the Services by the Internet Service:

  • adaptation of an advertisement of third party’s services and products, presented through the Service Applications;

3.7. Ensure the safety and reliability of the FELG Dent Application and the Service.

4. The Controller uses External Cookies for the following purposes

4.1. presentation of multimedia content on the Website that are downloaded from an external website,
4.2. general and anonymous collection of static data using analytical tools,
4.3. serving advertisements tailored to User preferences using the tools of internet advertising,
4.4. usege of interactive features in order to promote the site using social networking sites (including Facebook, Twitter, etc.).

5. Possibility to determine the conditions of storage or access by Cookies.

5.1. The User can freely and at any time change the settings for cookies, specifying the terms of storing and accessing the cookies to the User Devices. The aforementioned settings, can be done by using the web browser settings, or by using the Service configuration. These settings can be amended by blocking the automatic handling of Cookies in the settings of User web browser, or informing whenever posting on the User Device's. Detailed information about the possibilities and ways of handling Cookies are available in the software settings (web browser).
5.2. The User is able to remove the Cookies using the available features functionalities in the web browser that the User is using at any time.
5.3. Restricting the use of Cookies may affect the functionality of an Application and some other functionalities available on the Website.

6. Moreover, the Controller announces, that in connection with the usage of an Applications available through the Internet Service, will use the Local storage function, so – called Thread local storage, in the following areas:

backarray - history of visited pages saving locally so that the User has the ability to use the back button even after resuming the use of an Application (mobile)

lasttenopen - Supportive history of the last 10 opened subpages stored locally, so that the User has the ability to use the back button even after resuming the use of an Application (mobile)

nowlink - remembering the currently open subpage, so that it can be loaded again after resuming the use of an Application (mobile)

nowopen - remembering the ID of the currently open pages so that it might be loaded again after resuming the use of an Application (mobile)

tabs - remembering the open tabs in the desktop version so that it might be restored after reloading an Application,

tabs-active - active tab remembering in the desktop version so that it might be reloaded to activate an Application,

token - the token used to automatically login.

IV. CONTACT

1. Service User may at any time contact the Controller for information about whether and how the Controller uses or intends to use the Personal Data and information obtained by means of Cookies.
2. Address where you can contact the Controller:
e-mail: helpdesk (@) felgdent.com

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THE GENERAL TERMS OF USING BY USERS THE WEBSITE/ INTERNET SERVICE WWW.FELGDENT.COM, APP.FELGDENT.COM

 

This General Terms of Using by Users the Website/ Internet Service www.felgdent.com, app.felgdent.com determines conditions under which the Users can use this Internet Service, available under www.felgdent.com, app.felgdent.com, which is owned and administrated by FELG Software Sp. z o. o with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559

On the purpose of this General Terms, provided wording mean what follows:

APPLICATION / FELG DENT APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.

Servis – sharing an application by the Licensor in the Internet Service, on the basis of License, and providing a technical support by “Helpdesk”

PATIENT’S PERSONEL DATA – Patient’s data generated by Users, as a Controllers of personal data, in accordance with the Personal Data Protection Act from 29th of August 1997 ( Dz. U. from year 2000 no.101, item 926, with amended), on their responsibility in accordance with their dental service, processed by the Processor in connection with the Entrusting data processing contract, conducted due to the use of the Application, which are protected by special legal provision data.

LICENSEE’S/ USER’S PERSONAL DATA – Users data, which they are obligated to provide for the purpose of concluding the License Agreement, which are processed and collected by the Licensor in accordance with the law and the principles described in the Privacy Policy which are available at www.felgdent.com, app.felgdent.com.

HELPDESK SERVICE – technical support available after registration to User account, in regards to application performance.

LICENSE AGREEMENT/LICENCE - this license agreement, on the basis of which
FELG Software Sp. z o. o, permits Licensee to use an Application.

LICENSEE/CLIENT/USER - authorized entity, using the Application under the conditions determined in the License.

SERVICE PROVIDER/LICENSOR/PROCESSOR - FELG Software Sp. z o. o.  with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, which licensing an Application.

TRAIL VERSION - 30 days trial period, during which the User can use an Application free of charge in accordance with the License Agreement.

USER ACCOUNT/ACCOUNT - account created during the registration process, which leads to the conclusion of the License Agreement, and which enables the use of an Application and direct contact with the Licensor in connection with the License Agreement.

 

PACKAGE – one of the options of using an Application, selected by the User, which depends on the number of locations and the number of active working dentists, where the User provides dental services, this Packet is the basis for calculating the License fee, which is indicated and selected by the User during the registration process. All information about the types of Packages and related charges, which include also the amount of the License Fee are described in the Price List.

INTERNET SERVICE  -website (including subpages) available under www.felgdent.com, app.felgdent.com, created by, and owned by Services Provider, connected to internet, allowing Users to use the Resources and Applications.

PRICE LIST - list of prices for the services provided by the Licensor, which also includes License Fees set according to the selected Package, available at www.felgdent.com.

ADDITIONAL SERVICE PACKEGES – additional services, which are assigned to the selected Package and are available to the User, those services are supplied by the Licensor only in case of paying by the User additional fees, indicated in the Price List.

LICENSE FEE/ SUBSCRIPTION – payment for using an Application according to the License Agreement, which Licensee is obliged to make, calculated in accordance with the Package chosen by him.

THE GENERAL TERMS AND CONDITIONS - this document

ENTRUSTING DATA PROCESSING CONTRACT – the agreement in accordance with the Licensor is authorized to processing the Patient’s Personal Data by the Licensee.

AGREEMNET – contract regarding services provided by the Licensor through electronic means, according to this General Terms and Conditions

SETTLEMENT PERIOD: period for which the license fee is charged, which includes 30 days.

 

§ 1 GENERAL PROVISIONS

  1. Each User, who uses the Internet Service, is obligated to refer to this General Terms and Conditions, and security policy of personal data provided by FELG Software Sp. z o.o. (privacy policy available at www.felgdent.com, app.felgdent.com.) and accepts conditions provided therein, and also is obligated to respects the rules of Internet Service usage provided therein.
  2. If the User do not familiarize with this General Terms And Conditions and Privacy Policy,
  3. An Agreement is being concluded at the time, when the User type the proper URL address in the browser, and when he accept conditions provided herein, and it’s being terminated at the time when the User type another URL address in the browser.
  4. All rules regarding conclusion, duration, termination, cancelation of the agreement, which is the basis for the service provision, are fully described in the License Agreement.
  5. The usage of the Internet Service is free of charge. Application usage is being charged under condition set forth in License Agreement.

§2 RIGHTS AND RESPONSIBILITIES OF THE USER

  1. The User is an owner of each data provided to the Account.
  2. The User has a right to obtain technical support provided electronically.
  3. The User is obligated to provide real data at the time of registration.
  4. The usage of the content provided by the Internet Service which violates the copyrights (in case when such copyrights are reserved) is strictly forbidden.
  5. It is strictly forbidden to provided unlawfull content to the Internet Service, User bears the responsibility for provision of such content.
  6. The user in obligated to buy the License which authorizes usage of an Application under terms and conditions provided in the License Agreement.
  7. The User can not provide content which is not complied with Polish law to the Internet Service. The User is entitled to use the Internet Service in accordance with the applicable law, it is not acceptable to use the service in a manner inconsistent with rules of social conduct and morality.
  8. The user can not share an Application with the third parties.

 

§3 RIGHTS AND RESPONSIBILITIES OF THE SERVICE PROVIDER

  1. The Service Provider is obligated to provide, with the proper due diligence, an access to  Application and it’s functionality, for which the User pays the License Fee for each Settlement Period, according to the License Agreement.
  2. The Service Provider reserves the right to cessation of Service Provision and to block an access to the account in the following circumstances:
    1. provision of incomplete or false data by the User, which unable his identification, for the account purposes.
    2. breach of the terms provided herein, if such breach unable or significantly impedes further provision of the Service.
    3. usage of the account it the unlawfull manner, or in the manner that flagrantly violates good manners.
    4. Sharing of an Application with a third parties or sublicensing.
  3. The Service Provider has a right to update an Application and technological resources used to provide the Service, and for the time of such improvement the Service Provider has the right to block an access to the Service.
  4. The Service Provider informs, that each modification and technical work on Server or System, will be provided during the night, when it’s possible, nor hinder the usage of an Application. Information regarding aforementioned improvements will be provided by the Service Provider as soon as possible.

 

 

§4 ORDERING, SERVICE PROVIDING, PACKEGES, PAYMENTS

  1. The Service Provider provides packages in accordance with the Price List.
  2. To use the Service, the User is obligated to register account set up, according to following procedure:
    1. The User chooses the tab „Start testing”
    2. The User fills out the form with all the necessary data
    3. The User accept, by pressing the corresponding button, in sequence the following documents:

 

      1. This General terms and Conditions
      2. Privacy Policy(with additional consent to processing of his personal data) available at www.felgdent.com
      3. License agreement with the Entrusting Data Processing Contract available at www.felgdent.com

 

  1. Going through all the above steps result in the conclusion of the License Agreement, and permission to use the application, at first the Trail version for a period of 30 days.

 

  1. The amount of Subscription fee for the Service is given in PLN and the Euro in the net amount to which, depending on whether a given user will apply the rules associated with being a registered member of the VAT - EU or not, will be added VAT at the rates in force at the date of the invoice.
  2. During the registration Client chooses one of the available packages and services, as described in detail in the Price List.
  3. With the conclusion of the License Agreement User Account is created, which is to use the application and allows direct contact with the Licensor, including using the service "Helpdesk". With the creation of user accounts, an ID number that Client will use in connection with your use of an Application is assigned.
  4. After 30 days of free use of an Application within the Trial Version, the User will receive “pro forma” invoice at Licensee’s email address, which he indicted during the registration process and at the User Account. This invoice shall include the payment in the amount corresponding with the Package selected by the Licensee and information about the 14-day payment period. Making payment within this period, express the Licensee willingness to continuing the use of an Application. Whereas the lack of payment of License Fees within this period means the renouncement of using Application and termination of License Agreement, thereby the use of an Application will be locked by the Licensor.
  5. The license is payable, and the License Fee shall be in the form of payment of remuneration for the  Settlement Period, payable in the amount corresponding to the selected Package. The Licensee is obligated to make payment of remuneration in advance, within 14 days from the start of the new Settlement Period. When you select Additional Packet Service, to the amount of the License Fee, according to the Price List, the proper amount will be added.
  6. On the first day of each new settlement period the "pro-forma" invoice is generated by the Licensor in the amount corresponding with the Package selected by the Licensee which also includes the charges Additional Services Packages charges in case if they were selected by the Licensee. This invoice shall be sent to the Licensee's e-mail address and to User Account. After making the payment the Licensee receives on his e-mail or User Account VAT Invoice or Invoice excluding VAT ( Invoice – NP).
  7. As the Licensor’s services will be provided in the European Union for Users which might resident outside the country where the headquarters of the Licensor’s company is, the invoices for Users who are established outside the Poland and who are registered as EU- VAT payers shall not include the amount of  VAT rate applicable in Poland. Therefore, the invoice will contain the amount of net remuneration + NP marked (excluding VAT). In this case, the Licensee is obligated to pay VAT in his country, in accordance with its rates. In the case of the User who is register as a polish VAT payer or is non-registered as the EU- Vat payer, who is established outside the Poland, the amount of the License Fee shall include the VAT rate applicable in accordance with the Polish law on the date of issuing an invoice.
  8. The User can make payments through the following forms of payment: bank transfer, credit card, other payment instruments, available in accordance with the information contained Price List.
  9. The Service Provider declares, that online payment will be handled by PayLane Sp. z o. o.  with its register office in Gdańsk, ul. Arkańska 6/A3, entered in the register of the National Court Register kept by the District Court for Gdańsk - Pólnoc, VII Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000227278. At the same time the Licensor informs, that in case of choosing cyclical online payment, what means that the License Fee is paid in accordance with the selected Package in a continuous and automatic way, the Licensee agrees to charge his card. The Licensor informs that the PayLane Sp. z o. o. is responsible for the performance or improper performance of the payment services.
  10. The Service Provider reserves, that in case of delay in payment of the License Fees over 14 days, it will be entitled to block access to Application.
  11. The detailed terms and conditions of use of Application (Services) are governed by the License Agreement.

§5 COMPLAINTS

  1. The User has the right to file a complaint regarding the services electronically supplied, within 14 days from the date of the visit on the Website, at the following e-mail [email protected] or via Helpdesk services after logging in to the account.
  2. The complaint should contain: name, e-mail, indicating the scope of the advertised services, the circumstances justifying the complaint, as well as the request's associated with folding complaint.
  3. The complaint will be considered within 14 days from the date of its proper application.
  4. If the data provided in complaint, or other information, requires supplement, the Service Provider, before considering of complaint, is entitled do request those information from the User. In this case, the time of inquiry begins to run from the date of receipt requested data by the Service Provider.

 

§6 PERSONAL DATA PROTECTION

  1. The Service Provider reserves, that in case of use of the Internet Service, an Application, and other services, the Users will be obligated to provide indicated Personal Data.  
  2. The User agrees to the processing of personal data provided during registration of the Service, in the purpose of issuing of accounting documents and the provision of Services by the Service Provider, as well as for the requirements associated with the payment.
  3. The Service Provider commits not to disclose the User's personal data to other entities
  4. The Service Provider has the right to publish the name, address, website and logo's of the User on his reference list (website) if the User fail to report his concerns in this regard.
  5. The data collected in the Service Provider server, in the context of his Service are confidential and will not be disclosed by the Service Provider to the third parties, or used by the Service Provider for any purpose other than to provide the Service.
  6. The administrator of collection of Users' Personal Data, which contains Users Personal Data is the Service Provider. The Service Provider is entitled to entrust the processing of data to third parties with the requirements set out in the Act on the Protection of Personal Data (Act from 29 August 1997., Dz. U. 2002. No. 101, item. 926, as amended. D .), subject to the right of the User to access to their data.
  7. Any personal data provided solely for the purpose of the Service Provider registration will be used by the Service only in the cases and under the terms and provision of Electronic Services Act from 18 July 2002 (OJ 2002. No. 144, item. 1204 as amended. d., hereinafter referred to as "the Act of Electronic Services").
  8. The rules on the processing and collection of Users Personal Data and  Users Patients Personal Data are regulated separately in the "Privacy Policy" available under www.felgdent.com,  which the User is obligated to read, as its acceptance is a condition of provision of electronic services.

§7. RESPONSIBILITY

1. The Service Provider responsibility for interruptions or impediments in use of the Service is disabled if there is:

a. The fact independent of the Service Provider (eg. a case of Force Majeure)

b. The necessity of repair, modification or maintenance of the equipment or software used to provide the Service. In particular, the user is not entitled to any claim, if the total gap in access to services does not exceed a total of 24 hours in a Settlement Period,

c. the error or delay in transmission, unless the Service Provider is responsible for such situation ,

d. The damage caused by the activity of any programs (including computer viruses) belonging to a third party or user.

2. Service Provider liability for damages is, in any case, limited to the amount of three times the license fee for the last Settlement Period. If the interruption in excess to the Internet Service exceed 24 hours, due to circumstances not attributable to the User, the Service Provider, at the request of the User, which shall contain the user bank account number, will return a part of License Fee, proportionate to the time in which service could not be provided due to the entire Settlement Period or, at the discretion of the User, the Service Provider will include this amount in future settlement period.

3. The Service Provider is not liable for any damages that the User incur, resulting from malfunctioning servers on which an Application is located, and in any case where it is permissible to exclude liability of the Service Provider under the provisions of the Act of Electronic Services. The User agrees to pay any damages resulting of unlawful behavior, incompliant with the Rules and conditions provided herein, or any action or failure to act, of the User, regardless of his guilt. In particular, this means the release of the Service Provider from any claims directed to the Service Provider by third parties, obligation to pay any costs incurred by the Service Provider or other injured persons in connection with the cause injury by the User, as well as the obligation to reimburse any costs related to the investigation by the Service Provider or other injured persons rightful compensation.

 

§8. MISCELLANEOUS

1. These regulations shall come into life from the date of publication.

2. The Service Provider reserves the right to make changes to these Terms and Conditions, which will be effective from the date of publication on the Website. All services will be based on the contents of the Rules in force at the time of order.

3. In cases not covered by these Regulations will apply Polish law, in particular with the Civil Code act from 23ird April 1964 (Dz. U. 2014. Pos. 121) and the Act on electronic services from 18th of July 2002 (Dz. U. No. 144 poz.1204).

4. All disputes arising from the application of these Regulations shall be considered by a court of law having jurisdiction under the provisions of the Code of civil procedure act from 17th of November 1964 (Dz. U. no. 1964. Pos. 296).

5. If you have any questions or concerns related to the use of this Site, please contact us at email: [email protected].

 

 

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LICENSE AGREEMENT

 

§1. DEFINITIONS

  1. APPLICATION / FELG DENT APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.

  2. PATIENT’S PERSONEL DATA – Patient’s data generated by Users, as a Controllers of personal data, in accordance with the Personal Data Protection Act from 29th of August 1997 (Dz. U. from year 2000 no.101, item 926, with amended), on their responsibility in accordance with their dental service, processed by the Processor in connection with the Entrusting data processing contract, conducted due to the use of the Application, which are protected by special legal provision data.

  3. LICENSEE’S/ USER’S PERSONAL DATA – Users data, which they are obligated to provide for the purpose of concluding the License Agreement, which are processed and collected by the Licensor in accordance with the law and the principles described in the Privacy Policy which are available at:………………..

  4. LICENSE AGREEMENT/LICENCE - this license agreement, on the basis of which
    FELG Software Sp. z o. o, permits Licensee to use an Application.

  5. LICENSEE/USER - authorized entity, using an Application under the conditions determined in the License.

  6. LICENSOR / PROCESSOR - FELG Software Sp. z o. o. with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, which licensing an Application.

  7. TRAIL VERSION - 30 days trial period, during which the User can use an Application free of charge in accordance with the License Agreement.

  8. USER ACCOUNT/ACCOUNT - account created during the registration process, which leads to the conclusion of the License Agreement, and which enables the use of an Application and direct contact with the Licensor in connection with the License Agreement.

  9. PACKAGE – one of the options of using an Application, selected by the User, which depends on the number of locations and the number of active working dentists, where the User provides dental services, this Packet is the basis for calculating the License fee, which is indicated and selected by the User during the registration process. All information about the types of Packages and related charges, which include also the amount of the License Fee are described in the Price List.

  10. PRICE LIST - list of prices for the services provided by the Licensor, which also includes License Fees set according to the selected Package, available at www.felgdent.com/price/.

  11. ADDITIONAL SERVICE PACKEGES – additional services, which are assigned to the selected Package and are available to the User, those services are supplied by the Licensor only in case of paying by the User additional fees, indicated in the Price List.

  12. LICENSE FEE/ SUBSCRIPTION – payment for using the Application according to the License Agreement, which Licensee is obliged to make, calculated in accordance with the Package chosen by him.

  13. ENTRUSTING DATA PROCESSING CONTRACT – the agreement in accordance with the Licensor is authorized to processing the Patient’s Personal Data by the Licensee.

 

§2. GENERAL PROVISIONS

  1. Licensor declares that it holds all copyrights, both personal and property copyrights to FELG DENT Application, this rights include the modification of sources and documentation and any other materials, which are having any relation with the Application, in fully range of rights, without any limitation for the benefit of the third party. Thereby the Application is protected by the provisions of the copyright law and international treaties provisions of copyright and other laws and international agreements in the field of the protection of intellectual property rights.

  2. In accordance with these terms and conditions FELG DENT Application is licensed, not sold.

  3. On the basis of this agreement, the Licensor grants the Licensee permission to use the Application under the conditions determined in this License. The License is incomplete, non-exclusive and non-transferable, and is granted for unlimited period.

  4. The License is territorially unlimited, what means that under this agreement the Application might be used throughout the world. However, it is the User who is responsible for using the Application in compliance with of the law of the place of use. The Application is not available in all languages.

  5. The License is payable. The payments rules and amount of charges are described in the Price List available at: www.felgdent.com/priece/.

  6. One of the conditions of using an Application by the Licensee is an approval of the terms of this License.


 

§3. PRINCEPLES OF THE AGREEMENT AND THE RULES FOR THE PROVISION OF SERVICES

  1. The condition for the conclusion of the License Agreement is the jointly acceptance of the following documents by the Licensee:
  2. Rules of the supply the electronically services “The General Terms of Using by Users the Website/ Internet Service www.felgdent.com ", available at the following address ...........

  3. Privacy Policy (including consent to the processing of Personal Data), available at the following address: .........

  4. The conditions of this License and Entrusting Data Processing Contract,

The approval of these documents, which established by pressing the bottoms with the meaning of acceptance that appears next to the each of the above mentioned documents in points a), b), c) during the registration and by supplementing the data, which are included in the registration form, leads to the creation of User Account and ultimately to the conclusion License Agreement and Entrusting Data Processing Contract.

  1. In order to conclude this Agreement, the Licensee is obliged to register and create an Account in accordance with the following procedure:
  2. The Licensee shall enter into the tab "Start testing"

  3. The Licesee shall complete the form with all the necessary data

  4. The Licensee shall accepts all enclosed documents (listed in paragraph 1)

  5. The finally approval of the License Agreement and Entrusting Data Processing Contract constitutes the moment since the Licensor starts providing the services, at the first place as the Trail Version, and afterwards, in case of willingness to collaboration, in the full range of using an Application, which shall be declared by the Licensee in accordance with the terms of this License.
    1. During the registration the Licensee chooses one of the available Packages, described in details in the Price List.

    2. Along with conducting the License Agreement the User Account is created. This Account is make use of the Application and allows for direct contact with the Licensor, among the other things by using the "Helpdesk" service. Along with the creation of User Accounts an ID number is assigned, whereby the Licensee shall be using an Application.

    3. After 30 days of free use of Application within the Trial Version, the User will receive “pro forma” invoice at Licensee’s email address, which he indicted during the registration process and at the User Account. This invoice shall include the payment in the amount corresponding with the Package selected by the Licensee and information about the 14-day payment period. Making payment within this period, express the Licensee willingness to continuing the use of the Application. Whereas the lack of payment of License Fees within this period means the renouncement of using Application and termination of License Agreement, thereby the use of the Application will be locked by the Licensor.

    4. In case if the User would like to use an Application, however the period described in paragraph 6 above has expired, the Licensee should contact directly with the Licensor to the following email address: [email protected],

    5. It should be noted that each of the Users have the ability to use the Trial Version only one time, and this fact is always verified during registration process.

    6. Licensee has the right to change the Package and in that case it shall be notified to the Licensor by "Helpdesk” system. As a rule, the change of the Package follows on the next day after the receiving such notification by the Licensor. In this case, the License Fee for the period during which the change was made, will be settled in the invoice issued the next billing period, in the amount accounted in appropriate proportion, what means the amount of License Fee for the following period will be charged according to the revised Package and will be increased or decreased (in proportion to the number of days of using an Application in accordance with the relevant Package). However, the Licensor declares that a change of larger Package to a smaller one is possible only in case of real reduction of the number of locations where dental services are provided by the Licensee, what shall be proven by him.

    7. The Licensor informs that within the providing the services there might be organized all kinds of promotional campaigns, however the rules of such promotion shall be regulated by a separate provision.


 

§ 4. REMUNERATION AND TERMS OF PAYMENT

  1. This License requires payment. The License Fee shall be paid as the remuneration for the 30 days of settlement period, which is paid in the amount in accordance with the chosen Package. The Licensee is obligated to make payment of the remuneration in advance, within 14 days from the start of the new settlement period. In case of selection of the Additional Service Packages by the Licensee, the additional cost, compliant with the Price List, shall be added to the License Fee.

  2. Settlement period is 30 days. The first settlement period starts from the first day after the period of Trail Version expire.

  3. On the first day of each new settlement period the "pro - forma" invoice is generated by the Licensor in the amount corresponding with the Package selected by the Licensee which also includes the charges Additional Services Packages charges in case if they were selected by the Licensee. This invoice shall be sent to the Licensee's e-mail address and to User Account. After making the payment the Licensee receives on his e-mail or User Account VAT Invoice or Invoice excluding VAT ( Invoice – NP).

  4. Licensee will be able to make overpayments, by making payment in advance for several or more settlement periods and in that particular case the invoice on suitable amount will be generated. In this case, the next "pro - forma" invoice will be generated after the expiration of the prepaid settlement periods. In case of overpayment, Licensee will use Application for the duration of prepaid settlement periods without the possibility of earlier termination of the License Agreement.

  5. Licensor assumes that the invoice will be issued in electronic form as a rule, however that shall be possible only in case of prior permission to Licensee, which shall be done during the registration process. The User will be able to revoke such consent by sending appropriate information by the e-mail to the Licensor by using the "Helpdesk” system at any time and then the Licensee will receive the paper version of the invoice. In case of lack of such Licensee’s consent during the registration process he will receive the invoices in the paper version to the indicated normal address, however, the Licensee may agree for receiving the invoices in electronic form by making statement of such consent by the e-mail using the system of "Helpdesk”.

  6. The invoices provided to the Users in electronic form will be generated as PDF files to prevent the possibility of changing the invoice data.

  7. As the Licensor’s services will be provided in the European Union for Users which might resident outside the country where the headquarters of the Licensor’s company is, the invoices for Users who are established outside the Poland and who are registered as EU- VAT payers shall not include the amount of VAT rate applicable in Poland. Therefore, the invoice will contain the amount of net remuneration + NP marked (excluding VAT). In this case, the Licensee is obligated to pay VAT in his country, in accordance with its rates. In the case of the User who is register as a polish VAT payer or is non-registered as the EU- Vat payer, who is established outside the Poland, the amount of the License Fee shall include the VAT rate applicable in accordance with the Polish law on the date of issuing an invoice.

  8. There are the following forms of making payments:

a) transfer

b) payment card

c) other payment instruments available in accordance with the information indicted in the Price

List

  1. In the case of making the transfers or in case of any other situation that requires the title of the payment, the Licensee is obligated to indicate his ID number.

  2. The Licensor declares, that online payment will be handled by PayLane Sp. z o. o. with its register office in Gdańsk, ul. Arkańska 6/A3, entered in the register of the National Court Register kept by the District Court for Gdańsk - Pólnoc, VII Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000227278. At the same time the Licensor informs, that in case of choosing cyclical online payment, what means that the License Fee is paid in accordance with the selected Package in a continuous and automatic way, the Licensee agrees to charge his card. The Licensor informs that the Playlane Sp. z o. o. is responsible for the performance or improper performance of the payment services.

  3. The Licensor stipulates, that in case of License Fees payment delay, which will excess 14 days, he will be entitled to block access to Application. Licensee will not be able to pursue any claims against the Licensor. In addition, the Licensor shall be entitled to charge an interest for delay in payment of remuneration.


 

§5. TERM OF AN AGREEMENT, WITHDRAWL FROM THE AGREEMNET, TERMINATION OF THE AGREEMENT


 

  1. The License is granted for an indefinite period.

  2. During the Trial Version, the Licensee is entitled to withdraw from the License Agreement and the resignation of using of the License at any time without giving any reason.

  3. The lack of making the payment of License Fees for the next settlement periods for more than 14 days from the expiry of the period specified in § 4 point 1, means Licensee’s resignation from using of Application and provides to termination of the License Agreement. However, that situation does not relieve Licensee from the obligation to pay for that period.

  4. Furthermore, the Parties have the right to terminate the License Agreement upon 30 days notice period, which starts from the end of the settlement period. To terminated the agreement, the Party shall submit termination notice by e-mail sent to the addresses indicated by the Parties as a contact address, what also means that Licensee may done this by using the "Helpdesk" system. The notice period shall run from the date of receiving the notice by the other Party.

  5. When it comes to terminate or withdraw the License Agreement as a result of the events described in this paragraph, the Entrusting Data Processing Contract becomes terminated or withdrawing at the same time. And therefore, the Licensor declares, that he shall transfer any existing Patient’s Personal Data, that have been processing by him in accordance with the Entrusting Data Processing Contract. To fulfill that obligation the Licensor shall make those data available for download them by the Licensee on the User Account for the 30 days period, which starts from the date of termination of the Agreement License. After expire that period, the Processor is released from any liability arising from the Entrusting Data Processing Contract. This provision applies also in case of termination of the Trial Version and lack of making payment in accordance with § 3 point 6.


 

§6. TERMS OF USE AN APPLICATION AND SCOPE OF LICENSE

  1. FELG Software Sp. z o. o. grants a license to use the Application and use it according to the following fields of exploitation: installation, introduction to computer memory, mobile devices (in particular smartphones and tablets) and other devices, and making copies of such records and the permanent or temporary reproduction of such recording in whole or in part, by any measures and in any form. The range of license exploitation, mentioned above might be used only in relation to dental services, provided by the Users.

  2. The Licensee is entitled to use an Application in accordance with the selected and funded Package under the License Agreement and in the range indicated above.

  3. Under License Agreement, the Licensee shall be entitled to generate Patient’s Data as a separate document and save it on his computer or other mobile device.

  4. A license granted under these provisions are commercial in nature, which means that the Licensee is entitled to use an Application in connection with Users business activity, within they provide dental services to the patients.

  5. Licensor informs that an Application is supported for use with the computer using only the browser "Web" (Firefox, Chrome, Safari, etc.), however on mobile devices by browser or by an application downloaded from the App Store or Google Play.

  6. Licensor hereby informs that for using and operating an Application encrypted SSL connection is used. This connection provides for Users the widest possible model of protection of personal data and payment.


 

§7. LICENSEE’S RIGHTS AND OBLIGATIONS


 

  1. The Licensee is required to use the software in accordance with its purpose, functionality, and under rules provided by this License.

  2. Licensee is obligated to cooperate with the Licensor in respect of protection of an Application and Licensee is obliged to notice the Licensor immediately in case of any necessity for taking certain steps to ensure security.

  3. The Licensee is obligated to inform the Licensor about an error in the software as soon as it is possible by using the HelpDesk services, which are available after logging in to the User Account.

  4. Licensee is not entitled to permanent or temporary reproduction of an Application in whole or in part, except the situations which are clearly specified in the Agreement.

  5. The Licensee in not allowed to sublicense, assign or transfer an Application in any form. This also applies to the ban on lease, rental, lending an Application in whole or in any part thereof to any third party.

  6. The Licensee is not allowed to make translation, adaptation, arrangement or any changes of an Application. The above limitation also excludes self-correcting errors in the Application by the Licensee.

  7. The Licensee is liable for entering all information and data by using ant Application and the Licensee is obliged to respect all applicable regulations. In case of any breach of the provisions in this regard, it will release Licensor from liability.

  8. Licensor hereby declares that the usage of an Application requires the processing of Patient’s Personal data, which shall be transferred to the Licensor by Licensee, as Personal Data Controller. In respect of this the Licensee and Licensor shall include Entrusting Data Processing Contract and they shall lead the cooperation according to the provision of that act. The conclusion of the Entrusting Data Processing Contract is the condition of providing the services by the Licensor under the License Agreement.

  9. Before the introduction of Patient’s Personal Data to an Application, The Licensee is obliged to obtain the writing consent from each of Patient and to inform him about the rules, terms and conditions of the collection and storage of personal data and that those data shall be processing by the FELG Software Sp. z o. o. Failure to obtain such of consent, and failing to inform the Licensor by Licensee of the withdrawal of such consent or its limitation, release Licensor from liability for infringement of regulation related to personal data, as it is mention in Entrusting Personal Data Processing Contract.


 

§8. THE LICENSOR RESPONSIBLITY

 

  1. The Licensee acknowledges that an Application is software, which work may be affected by various factors, which stay beyond the performance of an Application. To those factors might be included interaction with other applications or computer programs and also the drivers of individual components of computers, and mobile devices and web browsers, interaction with other devices like local area networks and the Internet. Therefore the Licensee acknowledges that those circumstances, which affected on an Application work and which are impossible to examine or to prevent in that stage, remain beyond the scope of Licensor liability resulting from the above-mentioned circumstances.

  2. The Licensor is not liable for any defects or errors of an Application and the consequences, which might arise as a result of unauthorized or improper use of the Application by the Licensee.

  3. The Licensor is responsible for its wilful acts or gross negligence, however its liability is limited to the maximum amount of compensation, which shall be equal to the License Fee paid by the Licensee to FELG SOFTWARE Sp. z o. o.


 

§9. THE CONSEQUENCES OF BREACHING THE LICESNE


 

  1. In case of an infringement described in § 7 of the License Agreement the Licensor shall designate a 5 day period for ceasing the breaches and removing their consequences by Licensee. In the event of failure to meet that deadline, the Licensor is entitled to terminate the License Agreement with immediate effect. In this case FELG Software Sp. z o. o. is not obliged to return the License Fees.

  2. In case of an infringement of any other provision of the License Agreement FELG Software Sp. z o. o. is entitled to terminate this contract with an immediate effect.

  3. After discovering the infringement, mentioned above, the Licensor is entitled to block the possibility of using an Application.

  4. In case of any of situation indicated above, the Licensor is not obliged to return the License Fees for settlement period, which has already been paid by Licensee.


 

§10. THE TECHNICAL SUPPORT, FAULT REPORTING, UPDATING

  1. In reference to the License, the Licensee has the right to use the technical support "Helpdesk". This service is available after registration to the User Account, which is strictly connected with the performance and using of an Application. These services will be provided only through the contact forms, which are available on-line after logging in to the Account in the "Helpdesk".

  2. In case of an error during the Application’s work, it should be submitted to the Licensor by using the "Helpdesk" service and that notice shall include an indication of the circumstances of the error.

  3. In case If, after verification and examination of the reported error, it turns out that the error is caused by improper or incorrect use of an Application, missing or erroneous data introduction, computer or mobile device disability by which Licensee uses the Application, network disability, server or web links errors and other errors, which do not result from the essence of an Application, for which the Licensor shall not be liable, he has the right to refuse to repair that kinds of errors.

  4. In case of problem with login to the User Account, User may contact with the Licensor by sending the information together with the User ID number to the following email address: [email protected].

  5. The Licensee has the right to submit the complaint within 14 days and that term starts from notice the error or defect. The procedure for reporting and dealing with complaints is described in detail in the rules of the "General Terms and Conditions of Use by Users of the Website www.felgdent.com", which is available at the following address: ............ ...

  6. The Licensor has the right to updating of the Application and making changes at any time, in particular those which provided to verification and renovation of the errors or to improving the working of the FELEG Den Application. The Licensee shall be informed about any update or change.

§12. PROCESSING OF PERSONAL DATA AND THE PRIVACY POLICY

  1. In connection with the supplying the electronically services by Licensor, he hereby informs that after obtaining the consent of each of the Users, he will collect and process their Personal Data. Those data shall be processing by the Licensor only in relation with performing the License Agreement. These activities will perform in accordance with the Act of the Protection of Personal Data date on 29 August 1997. (Dz. U. No. 133, item 1997. 883).

  2. All rules connected with collection and processing of Users Personal Data are contained in the Privacy Policy, which is available at the following address ................

  3. The Licensor declares that acquainting and accepting the Privacy Policy by Licensee is one of the conditions for the conclusion and the effectiveness of this License Agreement.


 

§13. THE FINAL PROVISION

  1. The Licensor declares that he reserves the right to make changes in License Agreement and the Licensee shall be always informed about this in advance. Changing of the License Agreement requires the User’s approval. If the Licensee does not accept the amendment, the Licensor is entitled to terminate the contract effective as of the end of the following settlement period. In that period the provisions of License Agreement are still valid. The current License Agreement is available on the FELG Dent website.

  2. In any matters not governed herein, the Polish law shall apply, specially but not only the provisions of the Civil Code and the Copyright and Nighbouring Rights Act.

  3. In case of any disputes that may arise on the background of this License Agreement the proper shall be the court having the jurisdiction over the registered office of the Licensor company. However, in cases that are related with the consumers court’s jurisdiction shall be determined in accordance with the provisions of the polish Code of Civil Procedure.



 


Entrusting data processing contract

§1. Definition

LICENSE AGREEMENT/LICENCE – this agreement, which shall be concluded by Licensor and Licensee, on the basis of which
FELG Software Sp. z o.o., permits Licensee to use the Application. One of the conditions of conclusion of License Agreement is the acceptance and conclusion of this agreement.

LICENSOR/ PROCESSOR - FELG Software Sp. z o. o with its register office in Krakow 31-016, ul. Sławkowska 25/9, entered in the register of the National Court Register kept by the District Court for Kraków - Śródmieście, XI Wydział Gospodarczy Krajowego Rejestru Sądowego under number KRS 0000520292, NIP: 67624796559, which licensing an Application.

LICENSEE/ USER - authorized entity, using the Application under the conditions determined in the License Agreement, who entrusts the Patient’s Personal Data.

APPLICATION - it is offered by Licensor management software for private dentists, including the management of patient information, course of treatment, patient visits, execution of payments, preparation and generating reports.

PATIENT’S PERSONAL DATA/PROCESSING DATA – Patient’s data generated by Users, as a Controllers of personal data, in accordance with the Act, on their responsibility in relation to their dental service, those data are processed by the Processor in connection with the Entrusting data processing contract, conducted due to the use of the Application, those data are under the special law insurance.

AN ACT: the Personal Data Protection Act from 29th of August 1997 ( Dz.U. from year 2000 no.101, item 926, with amended)


 

§2. THE SUBJECT OF THE CONRTACT

  1. With regards to conclusion of the License Agreement, the License or License Agreement, on basis of art. 31 of Act Personal Data Protection Act dated on 29 August 1997 (Dz. U. of 2002. No. 101, item. 926, as amended.) The Licensee entrusts to the Licensor the processing of Patient Personal Data.

  2. Range of Patient Personal Data processed includes data sets collected in connection with the services provided by the User dental services.

  3. Under terms of this agreement, Licensor is obligated to process the Patients Personal Data only in relation to the range and in purpose of supplying services described in detail in the License Agreement, specially in connection with the granting of licenses and using of the Application by the Users.


 

§3. RULES AND ENSURING THE SAFTY MEASURES OF THE DATA PROCESSING


 

  1. The Processor is obligated to apply during of processing of Patients Personal Data the technical and organizational measures to ensure the protection of personal data, at least those, which, are specified in Art. 36 - 39 of an Act. In particular the Processor is obliged to:
  2. apply the technical and organizational measures to ensure the protection of processed personal data, in particular those which shall ensure data protection against unauthorized disclosure, takeover by an unauthorized person, damage or destruction of data,

  3. allow the processing of personal data, which includes the operating of the system and devices and is related with processing of personal data, only by those , who are authorized by Processor,

  4. ensure control over the correctness of processing the data,

  5. keep records of persons authorized to process personal data,

  6. adhere to the principles of diligence to ensure that person who is authorized to processing the personal data shall keep in secret all confidential data, even after termination of the Agreement,

  7. The Processor is obligated to process personal data in accordance with the Act using the equipment and systems that ensure the use of a high level of safety in accordance with the Regulation of the Minister of Internal Affairs and Administration from 29 April 2004. about personal data processing documentation and technical and organizational conditions which should be fulfilled by devices and computer systems used for processing personal data (Dz. U. No. 100, item. 1024).
    1. As an Application is used to process the Patent’s Personal Data Patients, the Processor declares that these activities will be carried out in accordance with the law and in a manner, which are appropriate and adequate to the Processor’s obligations, which follow from Agreement and the scope of the co-operation, which are settled between the Parties, in particular in according to the following provisions:

  1. an Act

  2. Art. 6 of Convention No. 108 of the Council of Europe

  3. Art. 8 of Directive 95/46 / EC [3]

  4. the Rights of the patient and the Patients' Rights Ombudsman Act from 6 November 2008

  5. the professions of doctor and dentist Act from 5 December 1996

  6. the Regulation of the Minister of Health about the types and extent of medical records in health care and how it is processed

  7. the health care services financed from public funds Act from 27 August 2004

  8. the Regulation of the Minister of Health about the extent of the necessary information collected by service providers, the detailed method of recording this information and its transmission to persons required to finance the benefits from public funds,

  9. the Regulation of the Minister of Health about the scope of the necessary information which are collected and transmitted by the pharmacy to subject who are obliged to finance the benefits from public funds,


 

§4. THE RULES OF PARTIES COOPERATIONS


 

  1. The Parties declare, that during the execution of this Agreement and the License Agreement, they shall cooperate, inform each other about all circumstances, which might affect on the execution of this Agreement.

  2. The User has the right to control the manner of execution of this Agreement by the Processor through directing requests for information in this regard.

  3. The User, as the data controller within the meaning of the Act is obligated to obtain the writing consent from each of Patient, and to inform him about the rules, terms and conditions of the collection and storage of personal data, and that those data shall be processing by the Processor. Failure to obtain such of consent, and failing to inform the Processor by User of the withdrawal of such consent or its limitation, release Processor from liability for infringement of regulation related to personal data.

  4. The Parties are obligated to inform each other about:

  1. any breach of security of personal data, assigned to the processing or their improper use,

  2. any circumstances with its own participation in matters concerning with protection of Patient’s Personal Data, in particular those which are conducted before the General Inspector for Personal Data, or which are other relevant authorities in the countries, the police or the court.


 

§5. THE TERM OF THE CONTRACT


 

  1. This Agreement shall enter into force upon the entry into force of the License Agreement for an indefinite period.

  2. In any case of termination of the License Agreement, according to its provision, it automatically comes to the termination of this Agreement.

  3. The User has the right to terminate this Agreement upon 30 days' notice, calculated at the end of the settlement period, in case of breach the binding laws on the protection of personal data by Licensor, and thus a breach of this Agreement. This case also leads to the termination of the License Agreement.

  4. The Processor declares, that in case of termination of the License Agreement, what thereby means the termination of this Agreement, he shall transfer each of existing Patient Personal Data, which have been processing by him in accordance with the Agreement. To fulfill that obligation, the Licensor shall make those data available for download them by the User on the User Account for the 30 days period, which starts from the date of termination of the Agreement License. After expiration of that period, the Processor is released from any liability arising from the Entrusting Data Processing Contract. This provision applies also in case of termination of the Trial Version and lack of making payment in accordance with § 3 point 6.


 

§6. THE FINAL PROVISION

  1. Any terms of License Agreement which are related to amendment of the agreement, settlement of disputes or any other issues, which are not regulated in this Agreement but which shall be apply to, its shall be implemented.


 


 


 


 


 


 

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