TERMS AND CONDITIONS FOR WE CARE

1. In general
1.1 These terms and conditions of sale (hereinafter the “Terms”) apply to any subscription for healthcare advice offered by way of online consultations on the websitewe.care and in the WeCare mobile app.; .

1.2 The Service is offered by We.Care Health A/S, Central Business Registration No. (CVR No.): 39825406, Højbro Plads 8-10, DK-1200 Copenhagen K (hereinafter “We.Care”, “we”, “us” or “our”).

1.3 By clicking “I accept the Terms” in connection with your purchase, you confirm and declare that you have read, understood and accepted the Terms.

1.4 These Terms contain special rules regarding your right of cancellation in Section 8 and limitation of liability in Section 14, so it is important that you read these Terms thoroughly.

1.4.1 The first time you use the Service, you consent to the lapse of the right of cancellation. Read more in Section 8.

1.5 Please note that you can choose to use the Service anonymously. Read more in section 4.

2. Our obligations
2.1.1 We only use authorized psychologists with a Danish authorization.

2.2 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.

2.2.1 We are obliged to do reporting and notifications pursuant to legislation.

2.2.2 We are obliged to exercise care and conscientiousness.

2.2.3 We are obliged to make an independent assessment as to whether information obtained from you is relevant and sufficient for our treatment of you.

2.2.3.1 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.

2.2.3.2 You can never demand to obtain a specific diagnosis, treatment or referral. It will always be the psychologist’s professional opinion that will form the basis of the counselling and advice you receive.

2.2.4 We do not offer evaluations of work provided by other health persons.

3. The Service
3.1 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”).

3.1.1 The consultation takes place via chat, video or a combination of both. You can see our solutions here.

4. Access to and use of the Service
4.1 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.

4.1.1 You may choose to use the Service anonymously. anonymously. Please note that you can only use the Service anonymously for your first consultation/introductory conversation, as the psychologist is not obliged to keep a record in that case. If you decide that your first consultation is to be anonymous via our chat function, you will be 100% anonymous in relation to your matched psychologist. However, we will obtain the payment information used for your payment. This information is only used to manage your purchase. If you also request a video consultation, you will be partly “anonymous” towards your matched psychologist, as you do not have to state your name, etc.

4.1.2 If you, after your introductory conversation, want to be engage in a series of sessions, you can no longer use the Service anonymously, as the psychologist must keep a record.

4.2 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 and that your access code does not come into the hands of others.

4.3 In order to use the Service you need to have access to the Internet with sufficient speed. In order to do an online video consultation, you need to have a microphone, speakers and a webcam connected to your computer, tablet or smartphone. The technical requirements for obtaining access can be seen here. You will pay any costs related to having the right equipment and access to the Internet..

5. Prices
5.1 Different prices apply for your subscription. Our prices for the Services can be found here.

5.2 All prices are stated in Danish Kroner and including VAT. You can pay with the means of payment specified on our website.

6. Subscription purchase: termination and automatic renewal
6.1 After payment of your requested subscription, you obtain access to online consultations (written and video) with your matched psychologist, unless otherwise agreed with We.Care. The subscription is paid in advance for the period included in the subscription term.

6.2 When purchasing your subscription, you will be enrolled for automatic card payment. Consequently, payment for your subscription will be automatically withdrawn from your card, and a receipt will be sent to the email address provided by you when you register as a user.

6.2.1 You are responsible for updating your payment information if your payment card is blocked of expires. You can do so 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. You cannot use the Service until the invoice has been paid.

6.3 You can at any time and without giving a reason terminate the subscription. You can continue using the Service until termination of the relevant subscription term, however, you will not be refunded for the current invoice period.

6.4 Your subscription can be terminated by logging on to the Service under ? ”Profile” ? ”Account”. You can also terminate your subscription by sending an email to hello@we.care.

6.5 Non-payment of your subscription, e.g. deletion of your payment information, does not exempt you from payment and is not considered termination.

6.5.1 In case of non-payment, we are entitled to charge reminder fees and interest pursuant to the rules of legislation.

7. Online consultation
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. 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, cf. Section 8.

7.2 Chat consultation

7.2.1 You can chat unlimitedly with your matched psychologist via our chat function when logged on as a user.

7.3 Video consultation

7.3.1 Video consultations are booked in the calendar when logged on as a user.

7.3.1.1 If you fail to appear for a booked video consultation, you will receive an email reminder that we are waiting for you to connect. If you do not connect at the latest five (5) minutes after having received a reminder, we consider your video consultation terminated.

7.3.2 When starting a video consultation, and unless it is an introductory conversation and you want to be anonymous, you must identify yourself to the psychologist by showing your drivers’ license or passport to the psychologist in order for the psychologist to validate your identity.

7.3.3 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.

7.3.4 Video consultations are planned and booked in the calendar when logged on as a user.

7.3.4.1 You can change/cancel the time for such video consultation until 24 hours before starting a video consultation. Any amounts paid will not be refunded if you exceed the deadline for changing/cancelling consultations.

8. Right of cancellation
8.1 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.

The first time you use the Service, you consent to the lapse of the right of cancellation.

8.2 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 hello@we.care or in a letter to the address specified in Section 1.2. You may choose to use the standard cancellation form in Section 17, which, however, is not mandatory.

8.3 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.

8.3.1 Refunds will be credited to your original method of payment. You will not be charged any fees as a result of the repayment.

9. Your responsibility
9.1 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.

9.2 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.

9.3 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.

10. Technical requirements
10.1 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.

11. Personal data
11.1 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.

12. Security
12.1 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.

12.2 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.

12.3 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.

13. Amendment of prices and Terms
13.1 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.

13.2 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.

14. Liability and limitation of liability
14.1 With the limitations specified in the Terms, the parties are liable in damages towards each other pursuant to the ordinary rules of Danish law.

14.1.1 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.

14.2 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.

15. Questions and complaints
15.1 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 hello@we.care.

15.2 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.

15.3 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.

16. Governing law and venue
16.1 Any disputes between you and us will be settled pursuant to Danish law by the ordinary Danish courts.

17. Standard Cancellation Form

(Please only fill in and return this form if you want to exercise your right of cancellation)

Til: We.Care Health A/S Højbro Plads 8-10 DK-1200 Copenhagen K Central Business Registration No. (CVR): 39825406 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:

 

__________________________ __________________________

This version was most recently updated on XXX marts 2019

 

Privacy Policy

If you do not want to give us your consent, you cannot use our Service for a series of sessions. This is because we are under an obligation to keep records. You can withdraw your consent at any time. The consequence is that we cannot obtain the required Purpose, including that you cannot get treatment via the Service.

Personal Data Policy:

We welcome you as a patient with:

We.Care Health A/S
Central Business Registration No. (CVR): 39825406
Højbro Plads 10, C/O Matrikel 1 +45 60703335
+45 60703335
hello@we.care
_________________________________________________________________________________________________________________________________

In our capacity as data controller, we process a range of personal data about you when you register as a user at We.Care (hereinafter the “Service”) for online consultations and as part of the treatment of you as a patient.

In order to comply with our obligation to provide information to you, including the rules for your consent, we will inform you in the following how we collect, process and disclose your personal data.

1. Purpose 1.1 The purpose of our processing of your personal data is i) to provide you with the agreed online consultation, including diagnosis, medicine prescriptions and record-keeping, ii) to manage your payment for your session as a patient, and iii) to comply with legal requirements (hereinafter the “Purpose”).

2. Personal data we collect and processHealth information:

1.1 With your consent, we may collect and process required information about your health provided by you to us and which we obtain via our examinations and treatment of you. This may include information about physical and mental symptoms, misuse, problems at home, criminal offences, etc.

1.1.1 You can withdraw your consent at any time. The consequence is that we cannot obtain the required Purpose, including that you cannot get treatment via the Service If you do not wish to give us your consent, you must use the function “Anonymous” on the Service. In such a case, we will not have a obligation to keep a journal.

1.1.2 If you are under 15 years of age, your parents or the parent having custody must give the final consent to our treatment of you.

General personal data:

1.2 We collect general personal data about you in order to obtain the Purpose and when you register on the Service and is registered as a patient.

1.3 The personal data collected typically includes:

• Basic data; first and last name and address
• Login information; email address and access code

Civil registration number (CPR):

1.4 We may collect your civil registration number when obliged to do so, e.g. to confirm your identity or to comply with the rules on record-keeping.

1.5 In addition, we may collect your civil registration number if relevant for our reporting to the authorities, or if we need to report your invoices to e.g. health insurance “Denmark” or your insurance company, if your treatment is paid in total or in part by others than yourself.

Other information:

1.6 In connection with the treatment it may be necessary to register other relevant information (than the information specified above) provided by you in your record. Such information will only be registered if relevant for your treatment.

1.7 In addition to the personal data you provide to us and which is recorded during treatment, we may – if you have consented thereto – obtain health information about you from others, e.g. your health insurance company or physician.

2. Duty of confidentiality2.1 We are subject to a duty of confidentiality. Anything talked and written about and anything registered about you will be processed in strict confidence.

2.2 However, we are obliged to breach the duty of confidentiality in case of serious risk that you or others may be hurt in or case of a serious suspicion that a child’s development conditions are in danger.

3. Disclosure3.1 Disclosure of your health information and other sensitive personal data will only take place with your prior consent, cf., however, Sections 3.2 and 4.1.1.

3.1.1 In special cases and pursuant to the rules of the Danish Health Act, your health information and other sensitive personal data may be disclosed without your consent. This will typically be to other health persons, e.g. your own physician. The specific rules are laid down in Part 9 of the Danish Health Act.

3.1.1.1 When we disclose your health information and other sensitive personal data to health persons, they/their employer will be the data controller for such information received, and they must comply with their own obligation to provide information to you, so that you are aware of the purposes for which your data is processed.

3.2 General personal data registered for payment purposes, including notifications to authorities or insurance companies, is exchanged with payment providers to the extent necessary in order to execute the payments and for auditing purposes.

3.3 We may also disclose your personal data anonymously for statistical or scientific purposes.

4. Security and protection 4.1 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 misused or used contrary to the data protection legislation.

4.1.1 In the event of a security breach where we estimate that there is a high risk that your personal data may be misused, we will, without undue delay, notify you of such security breach. We will also inform you about what we have done to minimize the risk of misuse of your data.

4.2 We have internal rules and instructions in place to ensure that only those of our employees, including practitioners, who have a strictly legitimate purpose, have access to your personal data, including health data.

4.3 When you use the Service, your personal data and record is kept electronically and will be stored with our data processor, with whom we have entered into a data processor agreement. The Service has been developed specifically to handle sensitive personal data and has been encrypted at both the transaction level, e.g. each conversation, and encrypted at the locations where your personal data are stored.

4.3.1 We are liable towards you for the keeping of your personal data with the data processor.

4.4 We will continuously ensure that we and the data processor have taken the required technical and organizational security measures.

5. Erasure of your personal data5.1 We will only store your personal data as long as it is necessary for the required Purpose or to comply with any legislative requirements.

5.2 We will delete your data when they it is no longer needed and at the latest when our legal obligation to store record data ends, which is currently five (5) years after the most recent entry.

6. Your rights6.1 You are at any time entitled to obtain access to the records we keep about you and to be informed which personal data we have collected and keep and process about you. If you request such information, please contact us by email.

6.2 You may at any time submit a request for transfer of your personal data to another practitioner or receive a copy of your personal data. If you request to receive a copy, please contact us by email.

6.3 You may at any time request rectification, make objections or limit the processing of your personal data, if they are notcomprised by the patient records.

6.3.1 Pursuant to applicable legislation, we may be subject to a duty to keep records and cannot delete the data in your record. If you believe there is an error in your record, you may ask us to make an addition.

6.4 If parts of or all of our processing is based on your consent, you may at any time withdraw your consent.

6.4.1 Pursuant to applicable legislation, we may be subject to a duty to keep records and cannot delete the data in your record. If you withdraw your consent, your personal data will thus still be stored until our legal obligation expires, which is currently five (5) years after the most recent entry.

6.5 If you want to file a complaint about our processing of your personal data, please do so by contacting the Danish Data Protection Agency, Borgergade 28, DK-1300 Copenhagen K, tel.: +45 33 19 32 00, or by email: dt@datatilsynet.dk

6.5.1 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.