Terms of Use of “LEIA“ and arstikeskus.ee

Updated October 16th, 2020

1. Welcome

1.1. Welcome to the website arstikeskus.ee (hereinafter “website”). Through the website, you can access the “LEIA” connection between you and your medical center. The Website, together with the software and other technologies running under it, is hereinafter referred to as the “LEIA Platform”.

1.2. The following terms of use form part of the agreement between you (“you” or “the user”) and the platform operator HealthCode AI (“HealthCode” or “us”), which gives you access to our free environment.

1.3. To use the LEIA platform, you must be at least 18 years of age or have the consent of your legal representative to use the platform. NB! If you are under the age of 18, your healthcare provider may decide to contact your legal representative. If you do not want this to happen, please let us know. The decision to contact your legal representative will then be made by your healthcare provider.

1.4. If you have a life-threatening condition or a condition that requires immediate medical attention, call 112. The LEIA platform is not intended to address life-threatening or immediate medical conditions.

1.5. Meie veebilahendust saavad kasutada ainult nende arstikeskuste patsiendid, kelle keskused on arstikeskus.ee keskkonnaga ühinenud. Kui teie perearstikeskust ei ole valikute hulgas, siis te ei saa andmeid oma perearstikeskusele edastada. 

1.6. Our web solution offers the following features:

  • You can report your health symptoms (complaints) to your GP center. Symptom transmission is supported by the LEIA artificial intelligence algorithm, which may ask you for additional symptoms or additional details for some symptoms. The aim is to ensure that your GP or nurse has the fullest possible picture of your health. Based on the information received, the family doctor center will contact you to advise you and, if necessary, invite you to an appointment.

    • NB! If you have an appointment with a doctor, you should never cancel it because you want to start a new appointment through LEIA!

  • You can ask for prescription renewal for medicines you have already been prescribed (except for prescription sleeping pills or psychotropic substances).

  • You can request to open or close a sick/care leave certificate.

    • NB! The decision to open the sick leave/care leave certificate will be made by the family doctor.

  • You can submit a request for various health certificates.

  • You can indicate that you want to have vaccinations.

  • You can ask health-related questions to your GP center.

NB! All your inquiries will be made in a personalized way, meaning that the healthcare provider will see who initiated the inquiry.

NB! Remember that you are responsible for the accuracy of the information you submit. If you enter incorrect information, you are aware that it may lead to a misunderstanding of your health condition by the healthcare professional and may influence decisions related to your health. Such as prescribing treatment, testing, diagnosis, and so on. The medical center you choose, its staff, and HealthCode are not responsible for any wrong decisions or consequences that may result from submission of incorrect information. 

1.7. The LEIA platform is managed by HealthCodeAI OÜ, whose registration number is 14566354. If you want to contact us, please send an e-mail to our customer service team at info@healthcodeai.com.

1.8. If you want to use the LEIA platform, you must follow these terms of use. If you do not agree to these terms, you may not use or access the LEIA platform.

1.9. The language of the Agreement is Estonian.

2. The legal relationship between You and LEIA

2.1. These terms of use apply to your use of the LEIA platform and include the terms and conditions governing your use of the LEIA platform. Before starting to use the LEIA platform, it is important that you have read and understood these terms and conditions and our privacy policy. If you have difficulties understanding any part of these documents, please contact us at info@healthcodeai.com and we can explain what they mean to you.

2.2. You can only create a user account on the LEIA platform if you agree to these terms of use. If you do not agree to these terms, you may not create a user account on the LEIA platform.

3. The Information what we are collecting about You

3.1 The protection of your privacy and the data relating to you (“Personal Data”) is of the utmost importance to us. Therefore, we collect, store, and process all your personal data that arises from the use of the LEIA platform in accordance with the European General Data Protection Regulation 2016/679 (“GDPR”). Please review our Privacy Policy to understand how and for what purposes we collect and use your information.

3.2. What data is collected and why:

  • Personal data (name, identification code) is necessary for the medical center to identify you and reconcile them with your other health data.

  • Contact information (email, telephone) is necessary so that the medical center can contact you if necessary.

     

  • Information entered by you about the illness or health problem (symptoms, their details, information added by the healthcare professional), which will be used to provide a systematic overview to the medical center. This information is kept because it is important for your doctor to know all your previous health problems during the treatment process.

The data listed above will be kept until you request that your data be deleted from our system. To delete the data, please send a corresponding digitally signed request to info@healthcodeai.com.

NB! Once deleted, data cannot be recovered.

Other requests (prescription updates, vaccination requests, certificate requests, etc.) will not be saved.

3.3. You have the right to know what data about you is stored in the system. HealthCode is developing a system to view your data in real time, but in the meantime, you must send us a digitally signed request to info@healthcodeai.com if you wish

3.4. How HealthCode uses your data

In addition to seeing your health information in a personalized form (i.e. with your name and social security number), the LEIA platform also stores your health information in an anonymized form – i.e. without your name, personal identification number or other identifying information. Non-identifying features such as gender and age may remain in the data.

HealthCode may use anonymized data for various purposes, for the teaching of artificial intelligence. Artificial intelligence learns from anonymous data what symptoms people often have together. In this way, artificial intelligence will be able to better anticipate what the disease may be in the future and thus ask patients the most relevant questions.

3.5 You hereby grant us the right to use your data, which we have anonymized in accordance with applicable data protection laws. The right to use anonymized data shall be without time or geographical limitation and shall be transferable or sublicensable in any manner, whether currently known or unknown.

3.6 You hereby acknowledge and agree that HealthCode owns all rights and interests in the data that HealthCode has synthesized from anonymized data.

4. LEIA platform

4.1 The LEIA platform offers users the opportunity to refer their health problem to their GP center and find out what may be causing their health problem. The LEIA platform analyzes a user’s health problem compared to academic medical information and an anonymous group of people with similar health problems. LEIA will forward the results of the analysis to your medical center.

4.2 Use of the Arstikeskus.ee website and the LEIA platform is free of charge.

4.3 One user can submit up to 4 different disease related requests at a time. Re-applications can be submitted after any of the previous problems have been resolved by the medical center. If you need to make any further inquiries during this time, you must call the medical center.

4.4. The purpose of the LEIA platform is to facilitate the transfer of health-related information from the patient to the medical center. The LEIA platform does not provide medical advice, diagnoses, or prescribe how you should treat identified medical problems. The LEIA platform is not a substitute for medical advice from a doctor, family doctor or other healthcare provider.

4.5. As with any technology, the LEIA platform may fail for a variety of reasons. Faults can also occur outside the LEIA platform (for example, in the Internet connection) and human faults can also occur in the operation of the medical center of your choice. Therefore, you acknowledge that you are aware of such possibilities and undertake to actively contact the medical center yourself in situations where you believe there may have been a failure to provide information or if you have not received feedback within a reasonable time.

4.6. As we do not interfere in the medical process, the LEIA platform is in no way responsible for whether you follow or do not follow the medical advice given to you, or for whether the advice provided was understandable to you. If you did not receive the feedback in time or it was insufficient or incomprehensible, you have a duty to contact the GP clinic again and receive clear and sufficient feedback.

5. Creation of user account

5.1. You can create a user account at LEIA platform by visiting the website arstikeskus.ee. A user account (hereinafter “user account”) is created with your personal identification code. To apply for a care leave certificate , it is necessary to create a user account with the personal identification code of the person being cared for (for example, a child). The current version of Arstikeskus.ee takes into account the situation that some people do not have the opportunity to use an ID card or mobile ID. Therefore, for the security of your personal data, you will not be able to review the data you have entered. A new real-time data viewing solution is under development by HealthCode and will soon be available with additional security measures. For higher security, Auth0, ID card, mobile ID or Smart-ID applications can be used to register a user account.

5.2. A user account cannot be created by persons who does not have a personal identification code.

5.3. The creation of a user account is a binding agreement for the user, which presupposes that the user complies with the terms of use.

5.4 By registering your user account or providing us with other information, you confirm that the information provided to us is correct and complete. If there are any changes to your contact details later, please change these details the next time you enter the LEIA platform. Otherwise, the medical center may not be able to contact you.

 5.5. You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your user account. If you suspect that your user account may have been misused (for example, that your account has been used without your knowledge), it is your responsibility to notify us immediately at info@healthcodeai.com.

6. Your rights and responsibilities when using LEIA platform

6.1. With regard to the concept of rights and obligations, it is important to recognize that the software, knowledge base and technology on which the LEIA platform is based, as well as the materials on the LEIA website and their design, are the property and intellectual property of HealthCode AI.

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6.2. We grant you the right to use these materials and content on your own behalf or on behalf of another person.

6.3. If you use the LEIA platform for another person, you are solely responsible for ensuring that your use on behalf of that person complies with the permitted privacy and other applicable legal requirements. You are required to obtain the consent of the other person and inform him or her of our Terms of Use and Privacy Policy.

6.4. We grant you the right to personally access and use the FIND platform. You are prohibited from transferring your user account to anyone else, whether by sale, gift, or transfer. This section is without prejudice to the right, if necessary, to give someone else the right to use your user account to enter your own data (for example, if you feel unwell, someone else may enter your data on your behalf). Another person is not allowed to enter your information through your account.

6.5. Your right to access the LEIA platform does not preclude us from granting other persons the right to access the LEIA platform using our personal user account.

6.6. As a user, you agree to refrain from:

  • You, as the user, agree not to copy the LEIA platform in whole or in part.
  • You, as a user, agree not to sell or otherwise make available to anyone else the LEIA platform in whole or in part.
  • You, as the user, agree not to modify the LEIA platform in its entirety or in any other way.
  • You, as the user, agree that you will not attempt to locate or access the source code of the LEIA platform, in whole or in part, unless it is expressly disclosed by us and available to the public.

6.7. If you agree to these Terms of Use, you will be entitled to use the services of the LEIA platform under these agreed terms.

7. Use of LEIA Platform

7.1. In addition to the other provisions of these Terms of Use, this section defines additional rules for the use of the LEIA Platform (the “Rules”).

7.2. Activities that are prohibited when using the LEIA platform.

You are prohibited from:

  • Eliminate, disable, or otherwise manipulate the security or any other features of the LEIA platform that prevent or restrict the use or copying of content available through the LEIA platform.
  • Create multiple user accounts for yourself on the LEIA platform. However, it is allowed to create an account for a person you care for (e.g. a child).
  • Enter false or misleading information in the user account fields.
  • Allow someone else to use your account to enter health information unrelated to you. Otherwise, the history of your referrals will leave health information unrelated to you that may influence future decisions about your health by your GP or nurse.
  • Use the LEIA platform – if we have suspended your right to use it or prohibited you from continuing to use it.
  • Send spam or bulk mail messages.
  • Behave illegally or dishonestly.
  • Tamper with, hack, interfere with or eavesdrop on messages at LIEA Platform.
  • Abuse or infiltrate the LEIA platform with viruses, trojans, worms, logic bombs, or anything else that may harm the LEIA platform or any other user.
  • Extraction of data from the LEIA platform, unless permitted by these Terms of Use.
  • Post or add abusive, threatening, obscene, misleading, incorrect, or offensive content. Or content that contains any form of nudity or violence, except if it is causally related and necessary to the completeness of the health information you provide.
  • Enter information or comments about any third party without the consent of that third party.

7.3. Failure to comply with the rules listed in Section 7.2 constitutes a material breach of these Terms of Use and may result in us taking the following actions, in our sole discretion or in combination:

  • Immediate suspension or revocation of your right to access the LEIA platform.
  • Send you an alert.
  • Initiating legal proceedings against you, including bringing a claim for breach of contract and claiming costs (including reasonable administrative and legal costs).
  • Disclosure to law enforcement authorities to the extent permitted by law and as we deem necessary.

7.4. Our response to a breach of the agreement by you is not limited exclusively to the actions described in section  7.3 above, i.e. we have the right to take further legal action in accordance with these Terms of Use and/or in cases specified by the law.

8. Discontinuation of our contractual relationship

8.1. If you feel that you can no longer agree to these Terms of Use or Privacy Policy, you agree to stop using the LEIA Platform immediately.

8.2. You have the right to terminate your use of the LEIA Platform and your agreement with LEIA at any time. Including when you do not agree to changes to the LEIA platform or our Terms of Use. To deactivate a user account, send a digitally signed email to info@healthcodeai.com with a request.

8.3. If we decide to terminate your agreement, we will notify you via the contact information provided by you.

8.4. The right of both parties to terminate the contract for certain reasons remains unchanged. The reason that entitles us to terminate the contract may be primarily related to a breach of essential provisions of the contract (especially clause 7.2) or if we find that you are using our services in an inappropriate manner. If there is a good reason, we have the authority to block your access to the LEIA platform without prior notice.

8.5. If you or we deactivate your user account as described in this section or revoke your right to access the LEIA platform, we will delete all personal data stored about you in accordance with our Privacy Policy (and applicable law), provided that this does not affect our right to use such data anonymously according to section 3.4. You will also lose the access previously granted to you to use the LEIA Platform.

9. Our promise to You

9.1. We always do our best to eliminate faults as soon as possible. However, due to the nature of the Internet and the technology used, we cannot guarantee that you will always be able to use the LEIA platform without interruptions, delays or glitches, and that the LEIA platform will always meet your expectations. Therefore, we cannot undertake in these Terms of Use for the continued performance or availability of the LEIA platform. We expressly exclude any strict liability that may apply due to defects in the LEIA platform that existed at the time of the conclusion of the agreement between you and us on the use of the LEIA platform or that may arise after that.

9.2. If you suffer damage as a result of using the LEIA platform, we may only be held liable for intent and gross negligence. In addition, we may be held liable for willful breaches of material contractual obligations which must be fulfilled in order for this contract to be properly performed and which violate the purpose of the contract and which you, as a user, should normally be able to trust. In the latter case, however, we can only be liable for the damage calculated. We cannot be held responsible for any other obligations, except breach of the obligations specified in the preceding sentences due to simple negligence. The foregoing disclaimers do not apply to violations that result in death or personal injury.

10. Third party cervices

10.1. If the LEIA Platform contains links to other websites or resources managed by third parties, those links are provided for your information only.

10.2. We have no control over the content of such websites, or the resources provided by third parties, and we are not responsible for the information provided or the content of the websites. We cannot be held liable for any financial or physical damage that you may suffer because of or in connection with the use of such websites or resources.

11. LEIA Platform updates

11.1. We are constantly updating and improving the LEIA Platform. We are constantly striving to provide you with new innovative services and features. We also make additions and innovations to keep abreast of changing technologies, behaviors, and people’s ways of using the Internet.

11.2. We reserve the right to change specific aspects of certain features when upgrading the LEIA platform by resetting those features and suspending service or support for any feature. These changes may affect your performance on the LEIA Platform. Changes may include removing, modifying, or resetting the features you are using. In the event of such changes, the Terms of Use will be updated accordingly.

11.3. We release software updates from time to time, and you may need to update software from another manufacturer to use the LEIA platform from time to time.

12. Change of Terms of Use

12.1. We reserve the right to change, adapt or supplement these Terms of Use from time to time. You can find the current version of the terms of use on our website (arstikeskus.ee).

12.2. Changes to the Terms of Use are usually due to new functionalities added to the LEIA Platform, changes in legislation or applicable regulations.

12.3. We will announce the updated terms of use on the website arstikeskus.ee.

13. Documents regulating the contractual relationship between You and Us.

13.1 The current version of the Terms of Use contains all the provisions that govern the contractual relationship between you and us. Earlier versions of the Terms of Use do not apply to our contractual relationship and have been completely replaced with the current version.

14. Applicable law

14.1. Our headquarters are located in Estonia. The laws entered based on these Terms of Use are governed by the laws of the Republic of Estonia.

14.2. Only Estonian courts will resolve all disputes that may arise in connection with or because of your use of the LEIA platform.

14.3 The European Commission provides an online dispute resolution platform, available at http://ec.europa.eu/consumers/odr. HealthCode AI does not participate in dispute resolution proceedings in consumer arbitration.

15. Other provisions

15.1. You agree that we may communicate with you by electronic means (such as e-mail or otherwise). If you decide not to enter your contact information, we have no responsibility or obligation to contact you.

15.2. We may send you notices electronically to the e-mail address you provided to us at the time you registered on the LEIA Platform, or by other electronic means on the LEIA Platform, if available.

15.3. Failure to enforce our rights must not be construed as a waiver of those rights.

15.4. If any provision of these Terms of Use is invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.5. Only the contracting party itself has the right to enforce the provisions of the contract.

16. Contact

If you would like to contact us regarding these Terms of Use or any other reference in this document, please email us at info@healthcodeai.com