TERMS AND CONDITIONS FOR WE.CARE
1. IN GENERAL
1.1 These terms and conditions of sale (the “Terms”) apply to any single purchase and/or subscription for healthcare advice offered by We.Care Health A/S, Central Business Registration No. (CVR No.) 39825406, Svanemøllevej 17 2100 København Ø (“we”, “us” or “our”) by way of online consultations on our website (“Website”) and in the WeCare mobile app (“App”).
1.2 By clicking “I accept the Terms” in connection with your purchase, you confirm and declare that you have read, understood and accepted the Terms and that your use of the Service (as defined in section 2) will be in accordance with the Terms.
1.3 Your use of our Service is expressly conditioned on your acceptance of the Terms, and you may only accept the Terms if you are at least 18 years of age or if we have the consent of your parent(s) or others who may legally act on your behalf.
1.4 These Terms contain special rules regarding your right of cancellation in Section 10 and limitation of liability in Section 1, so it is important that you read these Terms thoroughly and are aware of the obligations and rights described in these Terms.
2.1 We make available to you an online platform, where you, against payment, will obtain access to online consultations with an authorized psychologist from We.Care or a partner approved by We.Care, which is matched on the basis of your request for treatment (hereinafter the “Service”).
2.2 The consultation takes place via chat, video, or a combination of both. You can see our solutions here.
3.1 We only use authorized psychologists with a Danish authorization.
3.2 We are responsible for ensuring that consultations via the Service comply with the current rules for conducting a medical business, including requirements for consultations and proper record-keeping, etc.
3.3 We are obliged to do reporting and notifications pursuant to legislation.
3.4 We are obliged to exercise care and conscientiousness.
3.5 We are obliged to make an independent assessment as to whether information obtained from you is relevant and sufficient for our treatment of you.
3.5.1 If we are not able to offer you proper treatment without further examination, we will immediately notify you and provide guidance to the relevant extent.
3.5.2 You can never demand to obtain a specific diagnosis, treatment or referral. It will always be the psychologists professional opinion that will form the basis of the counselling and advice you receive.
3.6 We do not offer evaluations of work provided by other health persons.
4.1 Different prices apply for the Services depending on your choice of agreement (single purchase or subscription) to online consultations. Our prices for the Services can be found here.
4.2 The price of a subscription consists of a periodic subscription fee (e.g. a monthly fee). The prices that apply to your subscription are highlighted in connection with your purchase. See section 5 for details.
4.3 All prices are stated in Danish Kroner and including VAT.
4.4 You can pay with the means of payment specified on our website.
4.4.1 We use a secure payment server that encrypts all information with SSL protocol. This encryption ensures that externals do not have access to the payment information.
5. SUBSCRIPTION PURCHASE: TERMINATION AND AUTOMATIC RENEWAL
5.1 Upon entering into your subscription, you agree to pay the periodic subscription fee until the subscription is terminated, cf. section 5.4. Note, that you upon entering into your subscription also approve:
5.1.1 That you are signed up for automatic card payment.
5.1.2 That we are entitled to continuously complete transactions on your payment card. A receipt will be sent to the email that you provided at the time of your purchase.
5.2 The first periodic subscription fee is paid immediately as you purchase your subscription and subsequent subscription fees are paid last business day of the month beforehand. The subscription is thus paid in advance of the period included in the subscription period.
5.3 You are responsible for updating your payment information if your payment card is blocked of expires. You can update your payment information when logged on to the Service. If payment cannot be withdrawn from your credit card, payment for your subscription will be
charged in an invoice sent to your email address and you cannot use the Service until the invoice has been paid.
5.4 You can at any time and without giving a reason terminate the subscription expiring at the end of the relevant subscription term. You can continue using the Service until the termination of the relevant subscription term, however, you will not be refunded for the
current invoice period.
5.4.1 Your subscription can be terminated by logging on to the Service under “Account”. You can also terminate your subscription by sending an email to firstname.lastname@example.org.
5.4.2 Non-payment of your subscription, e.g. deletion of your payment information, does not exempt you from payment and is not considered termination.
5.4.3 In case of non-payment, we are entitled to charge reminder fees and interest pursuant to the rules of legislation.
6. ACCESS TO AND USE OF THE SERVICE
6.1 In order to obtain access to the Service you need to set up a user profile, which can only be used by you. You must be at least 18 years old to access and use the Service. If you are less than 18 years old, you need to obtain consent from your parents or others who may legally act on your behalf.
6.2 When you register as a user, you will be asked to enter your contact information and to choose an access code. You are responsible that the information provided is at any time correct and updated.
6.2.1 If your information changes after setting up your account, you must immediately log into the Service and correct the information so that we do not have inaccurate information.
6.2.2 The password must be at least 6 digits long and be a combination of uppercase and lowercase letters, as well as numbers. The password you choose is personal and you have a duty to make sure that the password is not exposed to third parties. Should this happen, you are obliged to notify us accordingly. We may change the password if we determine that there is a risk that the password may be compromised or used in violation of the Regulations. You can also change the password to a new one yourself when you are logged in to the Service.
6.3 Furthermore, you will be asked to provide us with some information that we alone use to be able to match you in the best possible way with one of our psychologists.
6.4 In order to use the Service, you need to have access to the Internet with sufficient speed.
6.4.1 In order to do an online video consultation, you need to have a microphone, speakers and a webcam connected to your device.
6.4.2 You will pay any costs related to having the right equipment and access to the Internet.
6.4.3 The technical requirements for obtaining access can be seen here.
7. ONLINE CONSULTAION
7.1 When purchasing online consultations, you will obtain access, after your payment, to an online consultation with an authorized psychologist via chat, video or a combination of both. You can read more about what is included in your agreement here. For single
purchases, you only have the option of consultation via video.
7.2 Please note that you waive your right of cancellation when you have commenced use of the Service, i.e. when you have either (i) had your first chat consultation, or (ii) your video consultation has been running for two (2) minutes.
7.2.1 Written consultations
7.3.1 You can write unlimitedly with your psychologist via the chat function on the Service. Our psychologists’ response time is stated in your chosen agreement.
7.4 Video consultation
7.4.1 Video consultations are booked in the calendar when logged in to the Service
7.4.2 When starting a video consultation, , you must identify yourself to the psychologist by showing your driverslicence or passport in order for the psychologist to validate your identity.
7.4.3 We reserve the right to cancel or terminate a video consultation due to technical problems. In that case, you will not be invoiced for the terminated video consultation, regardless whether such technical problems are caused by you or us.
8. CANCELATION AND NO-SHOW
8.1 You can change/cancel the scheduled time for a video consultation up to 24 hours before the beginning of the video consultation. In the event of a change/cancellation within the 24-hour period or in case of no-show, we reserve the right to charge the full fee for the consultation.
8.2 If you have been referred through your insurance company, health insurance, or employer, and you cancel less than 24 hours before the video consultation or fail to attend the scheduled time for a video consultation, we will charge you a fee of DKK 650. Your insurance company, health insurance, or employer does not cover late cancellations or no-shows.
9.100% SATISFACTION GUARANTEE
9.1 If you are not satisfied after your first consultation or after a week of written consultation, we will give you your money back for the relevant consultation/week written consultation. In addition, we are always helpful in finding another psychologist if you wish.
10.RIGHT OF CANCELLATION
10.1 After payment, you have a 14 days' right of cancellation. Your right of cancellation only
applies until you have started using the Service. You have started using the Service when i) you have had your first consultation via chat or ii) your video consultation has been running for two (2) minutes.
10.2 The first time you use the Service, you consent to the lapse of the right of cancellation.
10.3 In order to exercise your right of cancellation, you must notify us of your decision to cancel your purchase in an unambiguous statement. This unambiguous statement can be sent by email to email@example.com or in a letter to our address. You may choose to use the standard cancellation form in Section 1, which, however, is not mandatory.
10.4 If you exercise the right of cancellation, we will refund your payment without undue delay and in any case at the latest fourteen (14) days after the date when we have received your cancellation request.
10.4.1 Refunds will be credited to your original method of payment. You will not be charged any
fees as a result of the repayment.
11. YOUR RESPONSIBILITY
11.1 You are responsible that the information provided to us at any time is correct and relevant in order to treat you in the best possible way.
11.2 You are responsible for ensuring that the unit you use for the Service – whether you use a computer, a mobile phone or a tablet – is sufficiently secured with antivirus, antispyware, spam filtering, anti phishing and firewall.
11.3 It is also your responsibility that your user information is stored sufficiently safely and that your access code is not exposed to a third party.
12. TECHNICAL REQUIREMENTS
12.1 We want the Service to be available to as many people as possible, due to which we focus very much on the main functions always being available with the most common operating systems and Internet browsers. The technical requirements for obtaining access can be found here.
13. PERSONAL DATA
13.1 When purchasing online consultations you consent to us collecting, processing and storing the personal data you have provided to us in connection with our treatment of you. If you do not want to give us your consent, you cannot have a series of sessions and use the Service. If you only use the Service for an introductory conversation, you can choose to be anonymous here.
14.1 We have established and will maintain adequate organizational and technical measures in order for your personal data not to be accidentally or illegally deleted, deteriorated or lost, disclosed to unauthorized third parties or in any other way be misused or used contrary to the data protection legislation.
14.2 When you use the Service, your personal data and records will be kept electronically and stored with our data processor with whom we have entered into a data processor agreement.
14.3 The Service has been developed specifically to handle personal data and has been encrypted at both the transaction level, e.g. each conversation, as well as it is encrypted at the locations where your personal data is stored. ou can read more here.
15. AMENDMENT OF PRICES AND TERMS
15.1 We may amend and adjust the Terms from time to time, for instance due to amendments in legislation. In case of significant amendments, you will be notified by email or via your account.
15.2 We may amend the subscription prices from time to time. Any price increases will be notified one (1) month before such price increase comes into force. You may thus terminate the subscription pursuant to the general rules on termination for your subscription at the end of your current payment term, without this price increase affecting you.
16. LIABILITY AND LIMITATION OF LIABILITY
16.1 With the limitations specified in the Terms, the parties are liable in damages towards each other pursuant to the ordinary rules of Danish law.
16.1.1 We.Care is not liable for any breakdown or failing access to the Service, power supply failure or Internet connection failure, vandalism to the system, loss of operations, loss of data, misuse of personal data or other matters and circumstances outside We.Care’s control. The limitations mentioned above shall apply only if the loss cannot be referred to gross negligence or intentional acts on the part of We.Care.
16.2 We.Care’s obligation to pay damages is in any event limited to an amount equivalent to your payments during the prior twelve (12) months.
17. QUESTIONS AND COMPLAINTS
17.1 If you have any questions or complaints, we are very interested in hearing about it. Therefore, you are very welcome to contact us in writing by sending an email to firstname.lastname@example.org.
17.2 As a private customer you can also file a complaint online to the Danish Competition and Consumer Authority via this link: https://minsag.forbrug.dk/FKVWeb/CheckComplaintStart.aspx.
17.3 The Danish health legislation rules are supervised by the Danish Patient Safety Authority. You can find the Authority’s contact information at www.stps.dk.
18. GOVERNING LAW AND VENUE
18.1 Any disputes between you and us will be settled pursuant to Danish law by the ordinary Danish courts.
19. STANDARD CANCELLATION FORM
(Please only fill in and return this form if you want to exercise your right of cancellation)
Please hereby be informed that I want to exercise my right of cancellation in connection with my purchase agreement regarding online consultation.
Ordered on: _______________
User’s name: ______________________________________________________
User’s address: _______________________________________________________________________________________
User’s signature: Date:
2. OUR COLLECTION OF YOUR PERSONAL DATA
2.1 We collect and store your personal data once you register as a user onhttps://we.care/ (the ”Service”) and/or you become a client of We.Care. Weprocess personal data necessary to perform a proper treatment of you and tomaintain your journal. The personal data processed is mainly the informationpresent on your health card as well as the information obtained from our onlineconsultations with you:
2.2 General personal data:
(A) Identity information: Name, address and date of birth.
(B) Contact information: Phone number and email.
(C) Gender, family relations, social relations, work relations and education.
2.3 Confidential personal data:
(A)National security number.
2.4 Special categories of personal data
(A) Health information: Necessary information about your health provided byyou or obtained from our examinations and treatments of you. Examples ofsuch health information could be information about your physical and mentalsymptoms, abuse, problems at home, criminal offenses etc. In addition to thebeforementioned, we may also collect health information from other sources,such as your healthcare provider, doctor og former psychologist. We onlycollect your health information from other sources with your prior writtenconsent.
2.5 In relation to our online consultations in the Service, it may be necessary toregister other relevant personal data than the abovementioned categories ofpersonal data, cf. clauses 2.2-2.4 in your journal. We only register such additionalpersonal data if it is relevant for your specific treatment.
3. HOW WE USE YOUR PERSONAL DATA
We process your personal data for the following purposes:
(i) Register you as a user, process your personal data properly and correctlyand to comply with our legal obligations cf. the Consolidated Act onPsychologists and the Executive Order on Record-Keeping for Psychologists;
(ii) Administration of your payment;
(iii) Reporting to health insurance ”Danmark”, your own health insurance or topublic authorities to the extent we are obliged to;
(iv) Invitations to online consultations, including pushing notifications andservice messages;
(v) Make the information in your journal available to other healthcareprofessionals;
(vii) Continuous development and quality assurance of your treatment, includingby requesting you to participate in our satisfaction surveys; and
(viii) Targeted marketing if you consented to this.
4.1 We are subject to confidentiality. All information and communication through theService or elsehow registered about you, will be treated as strictly confidentialinformation.
4.2We are however obliged to disregard our confidentiality obligations in case of aserious risk that you or others may be hurt or in case of a serious suspicion that achild’s development conditions are hindered.
5.1 We collect your personal data directly from you. With your consent, we may alsocollect your health information from other sources, such as other healthcareprofessionals or your healthcare insurance.
5.2 You are not obliged to share your personal data with us. The consequence hereofwill however be that we are not able to pursue the purposes, cf. clause 3.
6.AUTOMATATED INDIVIDUAL DECISION-MAKING, INCLUDING PROFILING
6.1 Your personal data is not subject to automated decisions-making.
7. LEGAL BASIS FOR OUR PROCESSING OF YOUR PERSONAL DATA
7.1 Below table sets out the different legal basis used for our processing of yourpersonal data depending on the specific purpose pursued:
|Personal data, cf. sections 2.2 (A), (B) and (C), pkt. 2.3 (D)
|Purpose, cf. section 3(i)
|GDPR art. 6(1) (b), where processing is necessary for the performance of a contract.GDPR art. 6(1) (c), where processing is necessary for compliance with our legal obligations (the Consolidated Act onPsychologists and the Executive Order on Record-Keeping for Psychologists)GDPR art. 6(1) (d), where processing is necessary to protect the vital interests of you or other physical persons.GDPR art. 9(2) (h), where processing is necessary for preventive disease control, medical diagnoses, healthcare or othertreatment of patients, or management of medical and health services.
|Personal data, cf. section 2.4 (E)
|Purpose, cf. section 3(i)
|GDPR art. 9(2) (c), where processing is necessary to protect the vital interests of you or other physical persons in cases wherethe person concerned is unable to consent. GDPR art. 9(2) (h), where processing is necessary for preventive disease control, medical diagnoses, healthcare or othertreatment of patients, or management of medical and health services.GDPR art. 6(1) (c), where processing is necessary for compliance with our legal obligations (the Consolidated Act onPsychologists and the Executive Order on Record-Keeping for Psychologists).
|Personal data, cf. sections 2.2 (A) and (B)
|Purpose, cf. sections 3(ii) and (iii)
|GDPR art. 6 (1)(b), where processing is necessary for the performance of a contract. (Our agreement with you regardingtreatment, including bookkeeping).GDPR art. 6 (1)(f), where our legitimate interest in processing your personal data is not overridden by your interest (when weshare your personal data with e.g. healthcare insurance “Danmark” or your health insurance).
|Personal data, cf. sections 2.2 (A) and (B)
|Purpose, cf. section 3(iv)
|GDPR art. 6 (1)(f), where our legitimate interest in processing your personal data to push messages to you is not overridden byyour interest.
|Personal data, cf. sections 2.2 (A), (B) and (C), pkt. 2.3 (D) andpkt. 2.4 (E).
|Purpose, cf. section 3(v)
|The Health Act chapter 9, GDPR art. 6 (1)(a) and GDPR art. 9(2) (a): You consented to the sharing of your personal data.
|Personal data, cf. section 2.2 (B)
|Purpose, cf. section 3(vi)
|GDPR art. 6 (1)(f), where our legitimate interest in targeting our website content and communication is not overridden by yourinterest.
|Personal data, cf. section 2.2 (B)
|Purpose, cf. section 3(vii)
|GDPR art. 6 (1)(f), where our legitimate interest in development and quality assurance of our treatments is not overridden byyour interest.
|Personal data, cf. section 2.2 (B)
|Purpose, cf. section 3(viii)
|GDPR art. 6(1) (a).
8. DISCLOSURE AND SHARING OF YOUR PERSONAL DATA
8.1 We will only disclose your health information and other special categories ofpersonal data with your prior consent. In special occasions, we may however beallowed to disclose your health information and other special categories ofpersonal data without you consent, cf. the Health Act. Such disclosure will oftenbe to other healthcare professionals, such as your doctor. This is specificallyregulated by chapter 9 in the Health Act. When we disclose your healthinformation and other special categories of personal data to other healthcareprofessionals, they or their employer will become a data controller for thepersonal data received and will be obliged to inform you of their processingactivities, the purposes pursued etc.
8.2 We may also disclose your personal data processed for the payment purposes,including reporting to public authorities, insurance companies, paymentintermediaries in case this is necessary for processing payments and for auditpurposes, as well as to our lawyers in case of a pending case.
8.3 When you use the Service, your personal data as mentioned in clauses 2.2 (A),(B), (C), 2.3 (D) and 2.4 (E) and your journal will be stored electronically andwithin the EU hosted by one of our data processors. The Service is developedspecifically to handle special categories of personal data and using encryption onboth transaction level, meaning the individual consultations, and on the specificstorage location. The journal belongs to your psychologist, who act as the datacontroller and to whom we act as the data processor by providing access to theService.
8.4 We may also use business partners as our data processors for the processing ofyour personal data mentioned in clauses 2.2
(A) and (B):
(A) Marketing and Communications partners; assisting in marketing our servicesand our communication with you;
(B) Analysis Partners: assisting in optimizing our business and your experience;and
(C) Hosting and Support Partners: providing hosting-services and supporting thefunctionalities of the Service. 8.5Our business partners acts as data processors and only process your personaldata for our purposes, cf. clause 3 and based on our instructions. We enter dataprocessing agreements with our data processors to ensure a sufficient level ofsecurity to protect your personal data and to comply with our obligations inrelevant data protection legislation.9.THIRD COUNTRY TRANSFERS9.1If it is necessary to transfer your personal data to third countries outside EU/EØSto pursue one or more purposes, we will ensure that the transfer complies withrelevant data protection legislation and by use of an appropriate transfer basis,such as the Standard Contractual Clauses approved and issued by the EU-Commission. If you wish to receive an overview of third country transfers and thetransfer basis used, you are welcome to contact us via email.
10. STORAGE OF YOUR PERSONAL DATA
10.1 We store your personal data for as long as necessary to pursue the purposes, cf.clause 3. According to the Executive Order on Record-Keeping for Psychologists,we are obliged to store your journal for at least five (5) years from the time of themost recent registration. Situations may arise where we need to store yourpersonal data for a long period of time, e.g. in connection with a complaintsprocedure or a claim for damages, and if so, such data will be stored until thematter has been finally settled.
10.2 Personal data required in order to manage your payment will generally be storedduring the current calendar year and five (5) years after your purchase, cf. theBookkeeping Act.
11.SECURITY AND PROTECTION OF PERSONAL DATA
11.1 We have implemented and will maintain adequate technical and organisationalmeasures in order for your personal data not to be accidentally or illegallydeleted, deteriorated or lost, disclosed to unauthorised third parties or in anyother way be misused or used contrary to the data protection legislation.
11.2 In the event of a security breach that results in a high risk of your personal datamay be misused, we will, without undue delay, notify you of such breach. We willalso inform you about the mitigating measures implemented to minimise the riskof misuse of your personal data.
11.3 We have internal rules and instructions to ensure that only those of ouremployees, who have a legitimate purpose, have access to your personal data,including your health information.
Mark Aalborg, COO
Tlf: + 45 22 99 33 08
If you or anyone else is harming you or others, you should not use We.Care. Please call 911 instead.