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Privacy Statement for the Application

On this page, you will find the privacy statement for Spreekuur.nl Consult. Click the button below for the privacy statement of Spreekuur.nl Together.

 

Privacy Statement of Spreekuur.nl Together

 

Spreekuur.nl facilitates the contact between patient and healthcare provider at the general practice after-hours service. Through a user-friendly questionnaire, you can present your question or problem to the healthcare provider. You can also send photos to the healthcare provider. The healthcare provider uses Spreekuur.nl to make a preliminary diagnosis and to provide you with advice. Spreekuur.nl supports the care provided: if your question leads to it, the healthcare provider will invite you for a personal consultation.

 

Spreekuur.nl is developed by Topicus Healthcare B.V. Topicus also takes care of the management and maintenance of this app. DigiDok B.V. has developed the questionnaires within Spreekuur.nl and is continuously working on optimizing the user-friendliness of the questionnaires and the diagnostics through the questionnaires. Your healthcare provider uses Spreekuur.nl to exchange information with you and to provide care.

 

Spreekuur.nl is offered to you by your general practice after-hours service or general practice. The offering of functionalities and processing of data necessary for offering these functionalities will be done by Topicus Healthcare B.V. on behalf of your general practice after-hours service or general practice.

 

The use of Spreekuur.nl is subject to privacy and user terms which are documented in this document. For the processing of data by Topicus Healthcare B.V. and DigiDok for the use and improvement of Spreekuur.nl, we ask for your separate consent. Below you can read how Topicus and DigiDok handle your data. Your healthcare provider has its own privacy statement.

 

Topicus

In the context of data processing on behalf of your healthcare provider, Topicus Healthcare B.V. is the processor of the Spreekuur.nl data. Topicus Healthcare B.V. is the processor for the data transfer and storage in the context of the care relationship between patient and healthcare provider. Your healthcare provider (the general practice after-hours service) is referred to as the controller under the General Data Protection Regulation. Topicus Healthcare B.V. is referred to as the processor.

 

Contact details of Topicus Healthcare B.V.: Singel 25, 7411 HW Deventer. Can be reached via support@spreekuur.nl

 

Basis

Your healthcare provider processes your (health) data based on explicit consent, or because it is seen as a necessary part of your treatment agreement. The processing is necessary for the purposes of medical diagnoses, providing healthcare, or managing healthcare systems.

 

Topicus processes your data for the following purposes:

  • Data exchange via Spreekuur.nl (communication between you and your healthcare provider, storage of exchanged data in Spreekuur.nl);
  • Processing of Spreekuur.nl data in your medical record;
  • Supporting the healthcare provider in the use of Spreekuur.nl (use, ensuring and improving the functioning of Spreekuur.nl, ensuring the security of Spreekuur.nl).
  • Data exchange via Spreekuur.nl

 

To enable data exchange via Spreekuur.nl, your data are processed in the following ways:

When creating a Spreekuur.nl account, the data you filled in are stored with the associated account. Logging in with your Spreekuur.nl account can be done using a chosen password and username (including 2-factor authentication) or DigiD. The data filled in by you include:

  • NAW data: required for verification, so your healthcare provider can determine your identity as a care seeker with a certain degree of certainty.
  • BSN (Citizen Service Number): to comply with the legal obligation of record keeping, your healthcare provider is obliged to include the outcome of the Spreekuur.nl consultation in your medical record. A BSN is required to ensure that the consultation is recorded in the correct medical dossier.
  • Name of your own general practitioner: Your own GP is responsible for your care. For this purpose, they need to be aware of the agreements made between you and the healthcare provider of the general practice after-hours service (e.g., prescribed medication). This feedback is provided unless you indicate you do not wish this. Within the Spreekuur.nl application, you are notified of this and have the option to indicate to the healthcare provider of the general practice after-hours service not to allow this feedback.
  • Phone number and email address: to alert you to new notifications from your healthcare provider. This includes an email notification when you have received a new message in Spreekuur.nl.
  • Data that you enter yourself via Spreekuur.nl (the choices you make when filling in the questionnaires and the data you enter in the open fields, which you send) are stored on a secure server under the responsibility of Topicus Healthcare B.V.
  • Your healthcare provider of the general practice after-hours service gets access to the data you filled in when you choose to contact your healthcare provider in Spreekuur.nl. Also, the general practitioner has the possibility to communicate directly with you via the chat function of Spreekuur.nl.

Topicus Healthcare B.V. does not have access to the photos, videos, and the content of the chat consultation.
Processing of your data in your medical record

 

All data generated via SPREEKUUR are stored in your Spreekuur.nl account. Your healthcare provider at the general practice after-hours service is obliged to process the consultation in your medical record, which you can always request from your healthcare provider.

 

Supporting the healthcare provider in the use of Spreekuur.nl

 

Topicus Healthcare B.V. processes your data on behalf of your healthcare provider to ensure and improve the use of Spreekuur.nl, including:

  • Meta-data of your Spreekuur.nl events (account creation, logging in, sending photos, chatting) for reporting purposes
  • Storage of anonymized log files in case of error messages

 

DigiDok

If you have given permission for the use of your data to improve the operation of Spreekuur.nl, Topicus provides pseudonymized data to DigiDok. For this processing, DigiDok is the data controller.

 

Topicus pseudonymizes the data by providing reports and data based on a unique and anonymous ‘Spreekuur ID’.

 

The following data are provided to DigiDok:

  • Data from the questionnaire;
  • The diagnosis made by the doctor;
  • The treatment plan drawn up by the doctor.
    SPREEKUUR meta-data: date and time of processes (logging in, starting questionnaire, completing questionnaire, starting chat, first response in the chat, completing chat)
  • Photos, video footage, and data from the Spreekuur.nl chat are not provided to DigiDok.

 

Topicus ensures that the data Topicus provides to DigiDok cannot be independently traced back to individual users of Spreekuur.nl by DigiDok. For questions that are specifically about your data or for exercising your rights, you should initially turn to Topicus or to your healthcare provider.

 

Contact details DigiDok: DigiDok BV, Padualaan 8 3584CH Utrecht, info@digidok.nl.

 

DigiDok processes the pseudonymized data provided to it in the following way:

  • Analysis of the way users have filled out the questionnaire;
  • Analysis of the outcome of the questionnaire in relation to the diagnosis ultimately made.

DigiDok uses the pseudonymized data for 5 years. After 5 years, the data are anonymized/destroyed.

 

Third Parties

For the proper functioning of Spreekuur.nl, Topicus may engage third parties (processors and/or sub-processors). Topicus has entered into a data processing agreement with these processors. This data processing agreement specifies how the processor should handle data.

 

Security Measures

Topicus takes appropriate technical and organizational security measures to protect personal data against loss or unlawful processing. Topicus is certified according to ISO 27001 (information security) standards. In addition, Topicus is certified according to NEN7510 (storage of medical data). Spreekuur.nl is CE certified.

 

The security measures include, among others:

  • Encrypted transmission of data;
  • Encrypted storage of user data;
  • Authorization matrix for Topicus employees, and limitation of rights through the use of rights groups;
  • Screening of Topicus employees;
  • Confidentiality obligation for Topicus employees;
  • Logging of activities;

 

If you have questions, you can contact via fg.healthcare@topicus.nl

 

Your Rights

Withdrawal of previously given consent. You have the right at any time to withdraw your consent for the processing of your data. This does not affect the legality of the processing before the consent was withdrawn. Consent can be withdrawn by sending your request to support@spreekuur.nl.
Under the General Data Protection Regulation (GDPR), you also have the following rights:

  • Right of access. You can ask us for access to the personal data we process about you.
  • Right to erasure (‘right to be forgotten’). You can ask us to erase the data we process about you.
  • Right to rectification and completion. You can ask us to correct or complete the personal data we process about you.
  • The right to data portability. You can request us to transfer certain personal data to another party.
  • The right to restriction of processing. You can ask us to process your data more restrictively.
  • The right to object to data processing. You can object to the processing of your personal data.

 

When deleting data from Spreekuur.nl, it should be noted that the content of the conversations remains visible to the healthcare provider. If you want data to be deleted by your healthcare provider, you must contact them directly.
Topicus Healthcare B.V. is the data controller for your Spreekuur.nl account. If you want the account to be deleted, you can also contact Topicus Healthcare B.V. directly.

 

Data Protection Officer

Topicus has appointed a Data Protection Officer (DPO) to supervise the processing activities carried out by Topicus.

 

The DPO can be reached via FG.healthcare@topicus.nl

 

Filing a Complaint

If you suspect that your personal data has been processed in a manner that violates privacy law, you can file a complaint with the Dutch Data Protection Authority, Postbus 93374, 2509 AJ The Hague.

 

The Dutch Data Protection Authority also has an online complaints portal: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/informatie-en-meldpunt-privacy

 

Changes to the Privacy Statement

Topicus reserves the right to make changes to this privacy statement. Therefore, please review this privacy statement regularly.

 

User Terms

The following provisions contain the User Terms that apply to the use of the Spreekuur.nl app.

 

Definitions

In these User Terms, the following terms are defined as:
Provider: Topicus Healthcare B.V., legally based and having its office at Singel 25, (7411 HW) Deventer, with Chamber of Commerce number: 64768147.
Content: data (such as documents, data, or information) for the purpose of digital consultation to which the User has access as part of the Software, including questions, advice, and medical information, and all texts and images and videos contained in the aforementioned items.
User Terms: the conditions and terms from this document.
User: the natural person who uses the Software provided by the Provider.
Intellectual Property Rights: all worldwide intellectual property rights and similar and related rights in the broadest sense, including in particular – but not limited to – (claims on) (1) copyright, (2) design rights (3) trademark rights, (4) trade name rights, (5) database rights, (6) patent rights, (7) know-how, and (8) trade secrets, including all authorities (including at least the right to disclose and reproduce) which the relevant national and international legislation assigns or will assign to it.
In Writing: communication via written (whether or not electronic) means, such as letter and/or email.
Software: the computer software provided to the User by the Provider named SPREEKUUR, including all components and elements the Software is composed of (excluding the Content), such as graphic user interfaces, designs, manuals, documentation, and all texts and images contained in the aforementioned items.
User Generated Content: data (such as documents, data, or information) added to the Software by the User, such as answers, descriptions, and photos.
Healthcare Provider: the party that provides medical advice to the User through the Software.
Applicability of the User Terms
By using the Software, the User accepts the applicability of the User Terms.
Use of the Software
The purpose of the Software is to facilitate digital consultation between the Healthcare Provider and the User.
The User is entitled to use the Software in accordance with the purpose of the Software as described in the previous article and in a manner as determined in the User Terms.

 

The User acknowledges that the Software is solely a platform that can be used for the purpose mentioned in article 3.1. The Provider is expressly not involved in the (medical) information, diagnoses, or advice provided to the User through the Software, nor is the Provider responsible for its accuracy. In the event of questions, ambiguities, or complaints regarding obtained (medical) information, diagnoses, or advice, the User should always turn to the Healthcare Provider.
The User is solely responsible for the (correct) use of the Software and for (accurately and completely) following up on (medical) information, diagnoses, or advice by the User.
The Provider has no control over or responsibility concerning the electronic communication networks through which the User connects to the Software.
The User acknowledges and agrees to:

  • that the information the User provides to the Provider during registration is complete, correct, and up-to-date;
  • not to provide access to the Software to others;
  • not to gain access (or attempt to do so) to the Software other than through the interface provided by the Provider to the User;
  • not to circumvent any security in the Software (including a security intended to screen Content or a copy protection);
  • not to undertake activities that disrupt or interrupt the Software;
  • to keep the login details associated with the account the User uses to access the Software (such as username and password) confidential, not to share with third parties, and to prevent third parties from gaining knowledge of them;
  • that he is fully responsible to the Provider, other users, and third parties for all activities that occur using his account.

 

If the User becomes aware of unauthorized use of their login details or their account, the User shall immediately inform the Provider via email: support@spreekuur.nl. The User will follow any instructions from the Provider regarding the account.

 

In case of questions or complaints about the Software, the User can send an email to: support@spreekuur.nl.

 

Content and User Generated Content

The Provider does not perform any control, neither preventive nor subsequent, with respect to the Content or User Generated Content. The Provider does not seek in any way for facts or circumstances that could indicate unlawful activities.

 

To the extent that the Software contains hyperlinks to third-party websites, information, or other content, the Provider exercises no control over it. The Provider is not liable or responsible for external websites, information, or other content or their (un)availability.

 

When using the Software, the User must respect the rights and legitimate interests of third parties at all times.

 

More specifically, the User is not allowed to disclose and/or reproduce User Generated Content via the Software if it is subject to Intellectual Property Rights not owned by the User or if it infringes on the privacy of third parties and the User has not obtained permission from the rights holder(s) or the affected third parties.

 

The User indemnifies the Provider against any claim and/or other legal actions by third parties if the User has disclosed and/or reproduced User Generated Content via the Software:

  • Where Intellectual Property Rights rest that do not belong to the User and the User does not have permission from the rights holder(s) to use this User Generated Content in that way;
  • That tarnishes the honor or reputation of a third party or is contrary to public order or morality;
  • Whose use is in violation of any law or regulation.

 

If a third party has made it known to the Provider that a User infringes on their rights or acts unlawfully towards them, and it is sufficiently plausible for the Provider that the User Generated Content could be infringing or unlawful towards the third party and that this could cause them damage, then the Provider may provide information about the concerned User who has violated the rights of the third party to this third party.

 

Intellectual Property Rights

All Intellectual Property Rights related to the Software and the Content shall remain with the Provider and its licensors. The User Terms do not explicitly entail any transfer of Intellectual Property Rights to the User. The Provider only grants a non-exclusive license to the User for the use of the Software and the Content in accordance with the User Terms.

 

The User is not allowed to disclose and/or reproduce the Software or Content other than by using the Software by the User in accordance with these User Terms. This is only different if it concerns medical information, diagnoses, or advice from the Healthcare Provider and this is reasonably necessary for following such diagnoses or advice or taking measures in that context.

 

The User is not allowed to make any adjustments or changes to the Software.

 

The User agrees not to remove, obscure, or alter any property designations (such as copyright or trademark indications) that are attached to the Software or contained therein.

 

All Intellectual Property Rights related to the User Generated Content shall remain with the User and his licensors. The User Terms do not explicitly entail any transfer of Intellectual Property Rights to the Provider.

 

The User grants the Provider an unlimited, worldwide, non-exclusive license to use the User Generated Content to the extent necessary for the User’s use of the Software or the purpose as described in article 3.1 of these User Terms.

 

Termination of the Agreement between User and Provider or Use of Software
The User may cease using the Software at any time. The User does not need to inform the Provider of this.

 

The Provider may terminate the agreement as laid down in the User Terms with the User at any time without prior written notice and deny the User access to the Software if:

  • The User acts in violation of a provision in the User Terms;
  • The User has acted in a way that suggests that the User does not intend or is not able to comply with the User Terms;
  • The Provider is required to do so as a result of legislation or a decision of a competent authority;The User’s Healthcare Provider decides to discontinue the use of the Software; or
  • Offering the Software by the Provider is no longer commercially viable according to the Provider.

 

In the event the Provider utilizes the option described in the previous article, it is under no obligation to compensate any damage or costs to the User.

 

Functionality and Updates of the Software

The User explicitly agrees that the use of the Software is entirely at their own risk and that the Software is offered ‘as is’ and ‘as available’.

 

The Provider expressly does not provide any warranties of any kind regarding the Software.

 

Due to the continuous innovation of the Software, the User accepts the possibility that the form and nature of the Software may change from time to time, without the Provider having to announce this in advance in writing.

 

The Software may occasionally automatically download and install updates from the Provider. These updates are intended to improve, enhance, and further develop the Software and may be delivered in the form of bug fixes, enhanced functions, and/or new software versions. The User agrees to receive such updates and grants the Provider permission to deliver these to the User.

 

Exclusion of Liability

In addition to what has been determined regarding the liability of the Provider (including in articles 3.3, 3.4, 4.2, 7.3, 8.1, and 8.3 of these User Terms), the Provider is also not liable to the User for any damage of any kind and on any ground whatsoever, including damage to their devices (such as a smartphone or tablet) or computer systems, that the User suffers as a result of, among other things:

  • their use of the Software;
  • changes in the Software or any permanent or temporary unavailability orsuspension of the Software;
  • the deletion or corruption of Content or User Generated Content;
  • the User’s negligence in providing the correct account details to the Provider; or their negligence in keeping their login details confidential.

 

Amendment Authority

The Provider is entitled to unilaterally modify and/or supplement these User Terms. The modification or addition to the User Terms will be made known to the User through the Software or via email using the email address last provided to the Provider by the User.

 

The modified or supplemented User Terms will take effect at a time to be determined by the Provider.

 

After the modified or supplemented User Terms have been made known, the User can accept these modified or supplemented User Terms in accordance with the method prescribed in these User Terms. If the User does not accept the modified or supplemented User Terms, the relationship between the Provider and the User regarding the Software will automatically terminate on the date the modified or supplemented User Terms take effect, and from that date, the User is no longer entitled to use the Software.

 

Final Provisions

Deviations from and additions to these User Terms are only valid to the extent that the User and the Provider have agreed upon them in writing.

Should it appear that a provision in these User Terms is invalid or void, that provision will be removed from these User Terms without affecting the validity of the rest of the User Terms. The remaining provisions will remain in effect, where the User and the Provider will agree on a new provision that comes as close as possible to the intention of the invalid or voided provision.

Dutch law applies to the User Terms and the relationship between the User and the Provider.

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