General Terms of Use Alphega app

SmartMed Pharmacy B.V. (hereinafter: “SmartMed) is the technical developer of the app and data processor on behalf of the affiliated pharmacies. SmartMed is responsible for accessing the medical patient data, as entered by the Pharmacy. SmartMed itself does not do anything on its own initiative with this data, it only passes on the data. SmartMed is ISO2007 and NEN7510 certified, these are security standards in healthcare. In addition, all communication takes place via so-called HTTPS connections, with which the data traffic is also encrypted.

We recommend that you read these terms of use carefully before using the services in this Pharmacy application (the "App").

In these terms of use we explain under which conditions you can use the App. We would like you to understand what these terms and conditions are, so that you can make a proper assessment in your decision to use the services in the App.

These terms of use apply to the use of all services offered through the App. You can use the App if you agree to the terms of use.

We may adjust the terms of use. For example, when new services are delivered. If this is the case, you will receive a message, so that you have the opportunity to accept the changes. We ask you again to accept the terms of use in order to continue using the App. If you have agreed to the new terms and conditions, the use of the App will be subject to the new terms of use from that moment on.

The terms of use apply as long as you use the App.

 

Article 1. USE OF THE APP

1.1   These terms of use apply to the use of the App.

1.2   With the App you can use various services. To access these services, log in via the App to the Pharmacy where you are also registered as a patient and with which you want to be connected. During the registration process we ask you to create an account by:

• Entering your email address and a password, followed by a confirmation of the registration at this e-mail address;
• Or via an existing Apple, Google or Microsoft account.

In addition, we ask you, on behalf of the Pharmacy, for your Citizen Service Number (Burger Service Nummer), so that the Pharmacy can determine whether you are actually registered in their records. (See also Privacy policy)

1.3   If you are not yet registered with an affiliated Pharmacy, you must first register with your Pharmacy. If you want to use the services of this App, you can have this recorded separately in your profile. We refer further to the registration procedure of your Pharmacy.

1.4   We assume that you keep all access data for the use of this App (such as pin code) strictly confidential, so that no unwanted access to your data can take place. We therefore assume that everything that happens from this connection takes place under your direction and supervision. You are personally liable for these actions, unless it has been indicated that others also have access, such as authorized representatives.

1.5   We have the right to terminate your connection if you have not used the App for eighteen months.

1.6   You should take into account that the information in your medical and medication file in the App may be incomplete or incorrect.

1.7   If you want to make use of your privacy rights, such as your right to information, access, rectification, deletion, restriction, addition, objection or transferability, please contact your Pharmacy (see Privacy Policy).

1.8   Neither the information provided nor the options for use of the App can be seen as a substitute for medical or other professional help, care, support or information provision and is not intended as a tool in making a medical (self-) diagnosis. The information in the App is also intended as general information and is not specifically aimed at one individual person or one specific medical situation of, for example, the visitor to the site or someone close to him. This means that visitors cannot attach any diagnostic or therapeutic value to the information for their own medical situation or that of others.

1.9   For personal advice or if you suspect urgency, always contact your Pharmacy or general practitioner immediately.

 

Article 2. INTENDED USERS

2.1   The administration of the Pharmacy keeps track per patient, whether they are authorized to use the App. If you think that you have wrongly been denied access to the App, please contact your Pharmacy.

2.2   We reserve the right to temporarily suspend or deny access to the App if we consider it plausible that abuse has taken place.

 

Article 3. ABUSE

3.1   It is prohibited to use the services offered through the App in a way that is contrary to the Dutch applicable laws and regulations or public order and morality.

3.2   If the affiliated Pharmacy or SmartMed establishes that you are in breach of the aforementioned conditions, or receive a complaint about this, we will warn you. If this does not lead to an acceptable solution, SmartMed, in consultation with your Pharmacy, can deny you access to the App, without stating a reason. You can then no longer use the services in the App. In urgent or serious cases, the Pharmacy can, in consultation with SmartMed, put your connection out of service without warning and without giving any further reasons.

3.3   If, in the opinion of SmartMed, nuisance, damage or other danger arises for the functioning of the computer systems or the network of SmartMed or the services via the internet, in particular due to excessive sending of e-mail or other data or activities of viruses, Trojans and similar software, SmartMed is entitled to take all measures it deems reasonably necessary to avert or prevent this danger.

3.4   SmartMed is at all times entitled to report established criminal offenses. Furthermore, SmartMed is entitled to hand over your name, address and other identifying data to a third party who complains that you are infringing their rights or these terms of use, provided that the correctness of that complaint is reasonably sufficiently plausible, there is no other way to obtain this data and the third party has a clear interest in the provision of the data.

3.5   SmartMed reserves the right to recover damage resulting from violations of these terms of use.

 

Article 4. PRIVACY

4.1   When using the services of the App, your personal data may be processed. You give permission for all forms of processing that are necessary for the operation of the services present in the App. Consult the Privacy Policy in the App for more information. This can be found via the menu in the App.

4.2   The App is a product of SmartMed Pharmacy B.V., which acts on behalf of the Pharmacy as a processor within the meaning of the General Data Protection Regulation. As a processor, SmartMed Pharmacy B.V. only processes personal data on behalf of, and following instructions from the Pharmacy (the controller). All employees of SmartMed Pharmacy B.V. are contractually bound by confidentiality.

 

Article 5. AVAILABILITY

5.1   In order to make full use of the services via the App, an active connection with the SmartMed server is required. SmartMed strives to keep the servers available as much as possible, but does not guarantee uninterrupted availability.

5.2   The updates of the App are offered through the App store (Google and Apple). You are responsible for checking for and installing new updates. SmartMed is not liable for errors fixed in updates that you have not installed.

5.3   Since your data is also stored locally, you can also use (a limited number of) services if you are not actively connected to our server. Of course, this data is stored encrypted (See also the Privacy Policy)

 

Article 6. INTELLECTUAL PROPERTY RIGHTS

6.1   All intellectual property rights, including but not limited to, copyrights, trademark rights and database rights to the information, texts, images, logos, photos and illustrations in this App and to the layout and design of this website rest with SmartMed and / or its licensors. The information in the App is only intended for use in accordance with the purposes described in the user agreement. Reproduction and publication of (parts of) the content of this App for other purposes, in whatever form and in any way, is not permitted without the prior written consent of SmartMed.

6.2   You are given a personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the materials provided through the App in accordance with these terms of use.

 

Article 7. LIABILITY

7.1   SmartMed is only liable for the correct processing of the data entered by the Pharmacy and is not liable for incorrect input of medication, treatment methods and/or processes and other medical information in the App. SmartMed also accepts no liability for any damage resulting from the use of the App, temporary inactivity of the App or incomplete / incorrect information in the App.

 

Article 8. OTHER PROVISIONS

8.1   Dutch law applies to the use of the App and these terms and conditions.

8.2   If you have a complaint, ask about the complaints procedure in your Pharmacy.