Online service terms of use for Terveystalo’s logged in customers

1. Scope of application

These Online service terms of use for Terveystalo’s logged in customers are applied to the Terveystalo Oma Terveys service, the Terveystalo service for the logged in customer, the Terveystalo application or other online service or application referring to these Terms of use provided by Suomen Terveystalo Oy (hereinafter referred to as “the Service) or a company belonging to the same Group with it at the given time (hereinafter referred to as “the Company”). Use of the service requires that a registered user of the Service (hereinafter referred to as the “User”) approves these Terms of use and undertakes to follow them.

Furthermore, the User approves and undertakes to comply with the valid terms of use of the Company’s website when using the Service.

The User must familiarize themselves with these Terms of use carefully before deploying the Service.

These Terms of use do not undermine or restrict the rights of the consumer under the mandatory legislation.

2. Registration and logging in to the service

The Service is personal. The name, personal information and other identifiers provided by the User when logging in to the Service must be the User’s own. The User is responsible for the correctness and timeliness of the information provided in the Service by the User.

Strong authentication by the User is always required when signing up for the first time on a device, such as online bank identifiers, a mobile certificate, or other strong authentication approved by Terveystalo at a given time. After the first sign-up, the User may log in, depending of the Service functionalities, using a self-composed PIN code or a biometric identifier adopted in connection with registering with the Service.

The PIN code possibly used for logging in to the Service is personal. The User must keep the PIN code safe. The User must not disclose the PIN code to a third party, unless the third party has the right, pursuant to these Terms of use, to log in to the Service on behalf of the User. The User is solely responsible for the appropriate use of the user account in the Service in accordance with the Terms of use.

The User must immediately inform the Company if the User’s Service PIN code is lost or has fallen into the wrong hands. In such a case, the User may submit an online service blocking request by reporting this to the Company’s customer support by email to asiakastuki@terveystalo.com. The User can also change the Service PIN code themselves if the User has the mobile device or other device required for the logging in available.

The Company has the right to refuse to accept or continue a registration and refuse to provide the Service (or a part or functionality of the Service).

3. Right to use the service

The Service is also available to minors who have a means for personal strong electronic identification, such as online bank identifiers or a mobile certificate. The guardian of a minor User can use the Service on behalf of the minor by joining the dependent’s user account to the guardian’s user account. This is possible if the guarding has the right, pursuant to the Act on the Status and Rights of Patients (785/1992, hereinafter “the Patient Act”), to act on behalf of the dependent. The Service can also be used on behalf of another person between two adult Users on the basis of supervision of the interests of another party or authorization to the extent allowed by the Service. The User has the right to withdraw their consent at any time.

The User registered with the Service has the right to access their personal user account in the Service. The Service can also be used on behalf of the User by a person who has the right to use the Service on behalf of their minor dependent or other person pursuant to these Terms of use.

The guardian’s right to use the Service on behalf of a minor User is temporary. The User can withdraw their guardian’s right to use the Service on behalf of them when the User has reached the degree of maturity referred to in the Patient Act which entitles them to decide on their own care. The guardian’s right of use expires nevertheless when the dependednt reaches the age of 18.

The Company may check the person’s right to use the Service at any time. For a justified reason, the Company has the right to prohibit the User’s access to the Service. Justified reasons may include, for instance, uncertainty over whether the User has the right to use the Service on behalf of another User. The User or the person using the Service on behalf of the User is always responsible for ensuring that the Service is used in accordance with these Terms of use. The User must immediately report to the Company any suspected use of the Service on behalf of the User against their will as well as any other suspected use of the Service that is contrary to these Terms of use. The notification must be submitted to the Company’s customer support by email to asiakastuki@terveystalo.com.

Guardians using the Service on behalf of a minor are mutually responsible for ensuring that the minor’s user account is used so that each guardian’s right to obtain information as specified in the legislation is met.

4. The purpose and use of the service

The Service is intended for viewing and managing the User’s health information and other personal data. The Company has the exclusive right to decide on the scope and content of the Service it provides to the User. The Service enables, for example, the User to view information related to their state of health recorded in the Company’s customer and patient register, receive reminders about the Company’s services, record health-related information and manage their own information regarding the use of the Company’s services (e.g. contact information and consent). In addition, the Service may enable booking management and remote appointments between the User and the health care professional provided by the Company (see section 5).

The User may save and process information related to their health and well-being in the Service, such as vaccination information, self-measured weight and blood pressure, and information and documents related to medical visits and examinations outside the Company. The Service supports other services provided by the Company, and it is intended to support the User’s self-care and enable the implementation of health-related plans and other similar further measures.

The User is responsible for the accuracy of the information they enter and save in the Service and undertakes to immediately inform the Company about any missing or inaccurate information they notice in the Service. The information entered in the Service by the User is not necessarily accessible by the Company’s health care professionals or other experts. The User may provide consent that the Company’s health care professionals can access the User’s information to the extent required by the User’s care or other service. The User must acknowledge that providing consent does not, as such, mean that the information entered in the Service by the User is automatically available for the health care professionals or other experts. The Company’s health care professional can view, upon the User’s request, the information entered in the Service by the User and give their own assessment on the significance of such information as part of the care. As the information entered in the Service by the User is not necessarily automatically received by the Company and the healthcare professionals employed by the Company, the User must make sure to inform the health care professionals participating in the User’s treatment about their illnesses, allergies, injuries, and any other matters that may be related to the User’s treatment.

The Service may include useful information targeted at the User related to the User’s health, opinion polls and other survey as well as information about the Company’s services. The Service may also include marketing of the services of the Company and its partners.

The User assures and is responsible for ensuring that no illegal or otherwise inappropriate material is uploaded to or downloaded from the Service. The User must take any reasonable measures to ensure that the materials uploaded by the User contain no malware and are not harmful in any other way.

5. Remote appointment

A remote appointment means that the patient examinations, diagnostics, monitoring, follow-up, treatment, treatment-related decisions or recommendations are based, for example, on information and/or documents received through an online video or mobile device contact (including the chat service). A remote appointment requires that the patient has provided an informed consent and the health care professional must ultimately assess whether a remote appointment is a suitable means of providing the Service.

If the User uses the remote service functionality of the Service enabling interaction between a healthcare professional (a nurse or physician) and the User, the User is responsible for ensuring that they have adequate connections, equipment and browsers required for the remote appointment. These have been explained to the User in connection with booking the appointment and can also be read here.

If the User uses the video appointment service, the User is for their part responsible for ensuring the privacy of personal and patient data by staying in a private, undisturbed room during the remote appointment.

Information concerning the User obtained during the remote appointment is stored in the Company’s customer and patient register as required by the applicable legislation.

6. Payments

The use of the Service or a part thereof or a functionality may be subject to a charge. The prices of Services or parts thereof subject to a charge and/or the terms concerning payment, delivery and other fulfillment of the agreement are specified in connection with those Services subject to a charge. The User is liable to make the payments specified in the applicable service price list or otherwise notified to the User.

Through the Service, the User can make online payments for the Company’s services used. The User is responsible for the accuracy and validity of the Kela card and means of payment information provided by the User.

The User makes the online payment in the Service within 72 hours after the doctor’s appointment or other examination if they do not pay for the visit in the unit’s customer service or if they visit a Company unit which does not have customer service. The User also makes the online payment within 72 hours after having used remote services or receiving telephone consultation. The Company always sends the invoice to the User via the online service first, and if the User does not wish to make the payment in the online service, a paper invoice can be delivered to their home address. The paper invoice includes an invoicing charge specified on the price list. The User can also prohibit the Company from sending them online invoices in the future. In that case, the User always receives a paper invoice that also includes the invoicing charge. The Company will send a reminder to the User for an unpaid payment. The Company will initiate a collection procedure if the User fails to make the payment regardless of the reminder.

The Company has the right to charge the amount of Kela direct compensation for the User’s doctor visit or other examination to the User if the visit or examination is not reimbursable by Kela.

Paytrail Oyj and Nets act as an implementer of the payment handling service and as a payment service provider for the Service in cooperation with Finnish banks and credit institutions. Paytrail Oyj will be shown as the recipient in the account statement or invoice and they will forward the payment to the Company.

Paytrail collects information about the IP address, method of payment, and the time and date of the payment in connection with the payment transaction. With regard to this data, Paytrail is the independent data controller. You can find Paytrail’s privacy notice here (https://www.paytrail.com/en/data-privacy-notice-paytrail-payment-service).

Paytrail Oyj is an authorized Payment Institution.

Paytrail Oyj contact information:

Paytrail Oyj, business ID: 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
www.paytrail.com

Nets contact information:

Nets Denmark A/S, Finland branch
Teollisuuskatu 21
00510 Helsinki
Tel: +358 9 69 641
Nets is part of Nexi Group

Nets is the independent data controller.

The User is solely responsible for any costs incurred by the User from the use of the Service.

7. Third-party services

Third-party services and links to such services may also be offered or provided through the Service. The User may use third-party services through the links provided in the Service or otherwise through the Service, but in this event, the Company is not a contracting party and not in any other way responsible for the information and realization of the information conveyed or provided by the User and the third party. By giving express consent (a request or other contribution), the User may allow the transfer of their personal data and other information from third-party services into the Service; in so far as this is possible at a given time under the Service. The User may also disclose their personal data in the Service and other data to third-party services in so far as this is possible at a given time under the Service. The Company may disclose information included in the Service to a third party only with the User’s express consent.

The Company is not responsible for any information, services, operations or failures of a third party.

8. Processing of customer data

The Service processes the personal data of the User and/or their legal representative in a manner described in Terveystalo privacy statement for private customers. Through the Service, the Users can view, for example, patient and health information regarding them.

The User is responsible for the accuracy of the information entered in the Service by the User. The User is obliged to keep the personal data entered in the Service up to date. When observing errors or omissions in their information, the User must immediately correct the information or report the missing and/or inaccurate information to the Company without undue delay. The Company has the right to maintain personal data, for example, by confirming and updating information from population information system.

Third-party services and websites are subject to their respective personal data privacy policies. The Company is not responsible for the functioning of such third-party websites or services. Before using the Service to access websites maintained by third parties and before starting to use third party services, the User must read the personal data privacy policies of those websites and services.

9. Intellectual property rights related to the service

All the intellectual property rights of the Service and content of the Service, the layout of the Service and any material available from the Service belong to the Company or the third party. Copying, printing, distributing, forwarding, and changing the Service or its content or appearance as well as linking them to other websites and any other commercial use or communication to public without the Company’s written permission is forbidden. However, the User may print and save material available through the Service for private personal use. If any material in the Service is quoted in accordance with Copyright Act (404/1961), the source must always be provided. However, any trademarks and company logos included in the Service may not be copied, published or distributed without the Company’s written permission.

10. Service content and availability

The Company develops the Service in accordance with its currently valid development plans and may change the Service, its content and/or functionalities. The Company provides the Service as is and in a form currently available.

The Company does not guarantee continuous and faultless use of the Service nor does it provide any guarantees on the availability and absence of errors or interruptions in the Service. The Company is not liable to the User or a third party for any mistakes, omissions, or delays regarding the Service or its availability. The User is responsible for ensuring that they have a functional network connection and adequate technical readiness and software to use the Service. The User is also responsible for the safety and functionality of the equipment and software they use.

11. Disclaimer

The Service includes parts aiming to support the management of information related to the User’s own health and, in this way, promote and possibly improve the User’s health. If the Service includes, for example, general sport, diet or other lifestyle management exercises or related instructions and exercises or related instructions that are not tailored to the User, the User must always consult a health care professional before engaging in these exercises or adopting these instructions in order to ensure that these general exercises and instructions are suitable for the User. Unless otherwise provided for in the mandatory legislation, the Company is not responsible for any injuries or other damage caused to the User as a result of not consulting the aforementioned health care professional before starting to engage in or adopting the general sport, diet or other lifestyle management exercises or related instructions and exercises or related instructions included in the Service that are not tailored to the User.

The Company is not in liable for any direct or indirect damage caused by the Service or discontinuation of using the Service. In addition, the Company is not responsible for any costs possible incurred by the User as a result of the destruction, changing or recreation of information. The Company’s maximum liability is as provided by mandatory legal provisions in Finnish law.

12. Force majeure

The Company or the User is not responsible for any damage caused by an event deemed as force majeure. A force majeure event refers to an impediment beyond the control of a party that was reasonably unforeseeable at the time of signing the agreement and the consequences of which the party could not reasonably have avoided or overcome without unreasonable expenses or delay. Force majeure events include, for instance, a strike, lockout or other similar industrial action, suspension of electricity supply, communication links or information systems.

A party referring to a force majeure must inform the other party, without undue delay, of the force majeure as soon as possible. The Company may inform the User of the force majeure, for example, through its website or in the Service.

13. Discontinuing the use of the service

The User has the right to cancel the deployment of the Service by notifying this to the Company within 14 days after the registering with the Service and approving these Terms of use. The cancellation right concerning the purchase or order of Service parts possibly available in the Service, which are subject to a charge, is 14 days. However, the cancellation right is not valid for parts of the service which have been completely implemented or if the delivery of the Service or digital content has been started before the cancellation period expires due to the User’s request or consent.

A remote appointment must be cancelled 24 hours prior to the scheduled remote appointment, unless otherwise specified in the Service or when booking the remote appointment. If the User fails to cancel the remote appointment within the applicable deadline, the Company has the right to invoice the remote appointment from the User.

The User or the User’s legal representative may terminate the Service at any time and close the user account in the Service by informing the Company’s customer support about this via email at asiakastuki@terveystalo.com. The Company may contact the User or the User’s legal representative to confirm the identity and right of representation of the User and/or the User’s legal representative. The Company will close the user account within a reasonable period of time.

For a justified reason, the Company has the right to close the User’s user account in the Service or part of the Service if the use of the Service is harmful for the Company, the User or a third party or if the Service has otherwise been used in breach of these Terms of use. The Company has the right to close the User’s user account in the Service if payments required to use the Service have not been made.

Upon the termination of the Service, the due payments related to the Service must be paid immediately and already made payments will not be refunded.

The Company may delete the information concerning the User in the Service in connection with the termination of the Service. However, information subject to statutory retention obligation cannot be deleted before the expiry of the retention period. The User is obliged to record the data in the Service for themselves before the termination of the Service. The Company is not responsible for recovering deleted data or any direct or indirect losses caused to the User by the deletion of the data.

14. Amendments to the terms of use

The Company has the right to unilaterally amend these Terms of use at any time at its discretion and especially when the amendments or updates to the Service require amending these Terms of use. The change takes effect on the date announced by the Company. If the User does not accept the amended Terms of use, the User may refuse to accept them by terminating the Service and closing the user account in accordance with these Terms of use.

15. Applicable law and place of jurisdiction

These Terms of use are governed by Finnish law, excluding the rules related to the choice of law.

Any disputes arising from these terms of use shall primarily be settled by both parties through friendly negotiations. If a dispute cannot be resolved through negotiations, it may be referred to Helsinki District Court or the District Court of the municipality in Finland in which the User of the Service has domicile or permanent place of residence.

Consumers have also the right to refer disputes concerning these Terms of use to the Consumer Disputes Board (www.kuluttajariita.fi) for resolution. Before referring the case to the Consumer Disputes Board, consumers should consult the Consumer Advisory Services (www.kkv.fi/en/consumer-advice/).