- the Universal Healthcare Act,
- the rules, regulations, guidelines and clarifications framed there under, including the DICT, DOH, Philhealth; and
- The Philippine Data Privacy Act of 2012 (the “DPA”) (Republic Act No. 10173), to the extent provided under Section 6.
- The type of information collected from the visitors of the Web Application and the End users, including sensitive personal data or information;
- The purpose, means and modes of usage of such information; and
- How and to whom TQHQ will disclose such information.
- COLLECTION OF PERSONAL INFORMATION
- Generally some of the Services require us to know who you are so that we can best meet your needs. When you access these Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. “Personal information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. “Personal information” is likewise defined under the DPA (to the extent to which it is applicable), as any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
- The SPI Rules and the DPA (to the extent to which it is applicable), taken together, further define “sensitive personal data or information” of a person to mean personal information about that person relating to:
- financial information such as bank accounts, credit and debit card details or other payment instrument details;
- physical, physiological and mental health condition; including race, ethnic origin, marital status, age, color, and religious, philosophical, or political affiliation, and education;
- sexual orientation and sexual life;
- medical records and history;
- biometric information and genetic information;
- information received by body corporate under lawful contract or otherwise, including but not limited to social security numbers, licenses or their denials, suspension, or revocation, and tax returns;
- visitor details as provided at the time of registration or thereafter; and call data records.
- Notwithstanding anything to the above Clause 2.b, Personal information includes (but is not limited to) the following categories of information:
- contact data (such as your email address and phone number);
- demographic data (such as your gender, your date of birth and your zip code);
- insurance data (such as your insurance carrier and insurance plan); and
- other information that you voluntarily choose to provide to us, such as Personal information in emails or letters that Users send us.
- Information that is freely available in the public domain or accessible under the Right to Information under EO2 of 2016 or any other law will not be regarded as sensitive personal data or information.
- PRIVACY STATEMENTS
All users note:
- This section applies to all Users (“Users”).
- User can access, modify and correct the data about him/her/it which has been collected pursuant to his/her/its decision to become a User. If User updates any of his/her/its information, TQHQ may keep a copy of the information which User originally provided to TQHQ in its archives. User may exercise these rights by emailing TQHQ at email@example.com.
- TQHQ may require the User to pay with a credit card, wire transfer, debit card or cheque. TQHQ will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, TQHQ provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User should exercise discretion on using the same.
- Due to the communications standards on the Internet, when a User or the Patient or anyone who visits the Web Application, TQHQ automatically receives the URL of the site from which anyone visits. TQHQ also receives the Internet Protocol (IP) address of each user’s computer (or the proxy server a user used to access the World Wide Web), user’s computer operating system and type of web browser the user is using, email patterns, as well as the name of user’s ISP. This information is used to analyze overall trends to help TQHQ improve its Service. The linkage between user’s IP address and user’s personally identifiable information is not shared with third parties. Notwithstanding the above, TQHQ may share some of the aggregate findings (not the specific data) in anonymized form with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
- The Web Application uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by TQHQ and its service providers for the technical administration of the Web Application, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, TQHQ may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any personal information of the User.
- A User may have limited access to the Web Application and make appointments with the doctors without creating an account on the Web Application. Unregistered Users can make appointments with the doctors by providing their name and phone number. In order to have access to all the features and benefits on our Web Application, a User must first create an account on our Web Application. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including TQHQ, to identify the User: name, User ID, email address, country, ZIP/postal code, age, phone number, password chosen by the User and valid financial account information. Other information requested on the registration page, including the ability to receive promotional offers from TQHQ, is optional. TQHQ may, in future, include other optional requests for information from the User to help TQHQ to customize the Web Application to deliver personalized information to the User. However, TQHQ assumes your consent in relation to various matters, once you completethe registration process.
- The Web Application may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized TQHQ representatives or agents, and their opinions or statements do not necessarily reflect those of TQHQ, and they are not authorized to bind TQHQ to any contract. TQHQ hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
- TQHQ has implemented bestinternational market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to Phone or Tablet devices containing local storage of Products in TQHQ’s native apps, TQHQ shall not be held liable for any loss whatsoever incurred by the User.
- PRACTITIONER'S NOTE
- This section is applicable to Practitioners (“Practitioners”).
- As part of the registration/application creation and submission process that is available to Practitioners on TQHQ, certain information, including sensitive personal data or information is collected from the Practitioners.
- Practitioners personally identifiable information they choose to provide on the TQHQ, is used to help the Practitioners describe/identify themselves. TQHQ may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
- TQHQ reserves with it the Right to use Practice information and Practitioner information for the following purposes:
- Publishing practice information on the website (TQHQ.ph, BluEHR.ph or BluPHR.ph).
- Containing practitioners for offering new products or services.
- Contacting practitioners for taking product feedback.
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized practice information including financial, and inventory information for commercial use.
- TQHQ also creates Practitioners’ information for Practitioners that have not signed up or registered for TQHQ Services. Such Practitioners are verified by TQHQ or its associates, and TQHQ makes every effort to capture accurate information for such Practitioners. However, TQHQ does not hold any liability for any incorrect or incomplete information appearing on Web Application for such Practitioners.
- PATIENT'S NOTE:
- This section is applicable to Patients (“Patients”)
- As part of the registration/application creation and submission process that is available to Patients on this website, certain information, including sensitive personal data or information is collected from the Users.
- If you have inadvertently submitted any such information to TQHQ prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is collected, stored or used, then you may access, modify and delete all information stored about you by TQHQ by using options provided on the Web Application. In addition, any Patients can ask TQHQ, by sending an email to firstname.lastname@example.org whether TQHQ is keeping personal data about him/her, and every Patient is also entitled to require TQHQ to delete and destroy all such information relating to him/her in its possession.
- Patients’ personally identifiable information they choose to provide on the Web Application is used to help the Patients describe/identify themselves. Other information that does not personally identify the Patients as an individual, is collected by TQHQ from Patients (such as, patterns of utilization described above) and is exclusively owned by TQHQ. TQHQ may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates.
- TQHQ reserves with it the right to use anonymized patient demographics information and anonymized patient health information for the following purposes:
- Analyzing software usage patterns for improving product design and utility.
- Analyzing anonymized patient demographics information and patient health information for research and development of new techonologies.
- Using analysis of anonymized patient demographics information and patient health information in other commercial product offerings.
- Sharing analysis of anonymized patient demographics information and patient health information with third parties for commercial use.
- TQHQ will communicate with the Patients through email, phone and notices posted on the Web Application or through other means available through the service, including text and other forms of messaging. The Patients can change their e-mail and contact preferences at any time by logging into their "Account" at www.tqtq.ph and changing the account settings.
- At times, TQHQ conducts a User survey to collect information about Patients' preferences. These surveys are optional and if Patients choose to respond, their responses will be kept anonymous. Similarly, TQHQ may offer contests to qualifying Patients in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that TQHQ collects in the registration process and through surveys is used to help TQHQ improve its Services to meet the needs and preferences of Patients. This may include targeting advertising to Patients about our Services.
- TQHQ may keep records of telephone calls received and made for making appointments or other purposes for the purpose of administration of Services, research and development and for better listing of Practitioners.
- All TQHQ employees and data processors, which have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every Patients’ sensitive personal data and information.
- To the extent necessary to provide Patients with the services on the Web Application, TQHQ may provide their Personal Information to third party contractors who work on behalf of or with TQHQ to provide Patients with such services, to help TQHQ communicate with Patients or to maintain the Web Application. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Web Application, including the providers of online communications services, will have rights to use and disclose the Personal Information collected in connection with the provision of these services in accordance with their own privacy policies.
- CASUAL VISITOR'S NOTE
- No sensitive personal data or information is automatically collected by TQHQ from any casual visitors of this website, who are merely perusing the site.
- If you, as a casual visitor, have inadvertently browsed any other pages of this Web Application prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, stored or used, merely quitting this browser application should ordinarily clear all temporary cookies installed by TQHQ. All visitors, however, encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as TQHQ cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Web Application.
- REGISTRATION PROCESS
- TQHQ makes all User Information accessible to its employees only on a need-to-know basis, and binds all such employees to strict confidentiality obligations.
- Part of the functionality of TQHQ is assisting the doctors to maintain and organise such information. TQHQ may, therefore, retain and submit all such records to the appropriate authorities, or to doctors who request access to such information.
- Part of the functionality of the TQHQ is assisting the patients to access information relating to them. TQHQ may, therefore, retain and submit all such records to the relevant patients, or to their doctors.
- e. Notwithstanding the above, TQHQ shall not be responsible for any breach of security caused by any third party or person that uses a Users’ access information or for events that are beyond the reasonable control of TQHQ including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service etc. Unless such events are caused due to the negligence of TQHQ’s personnel.
- TQHQ’s Products are offered to its User on as-is basis and no customizations are included in the subscription fee. For providing any future enhancements and feature upgrades to BluHealth softwares (BluEHR & BluPHR), TQHQ reserves its sole discretion.
- SHARING OF DATA
- Sharing of data are always subject to consent or written permission from the User and/or its patients.
- TQHQ reserves the right to share data in-behalf of the User thru the EMR, in-part or in-whole, encrypted or anonymized and aggregated, depending on the requesting party, for purposes of referral between doctors and/or clinics, DOH and/or Philhealth submission, legal proceedings, research purposes, for enhancing healthcare services and other medical field of studies.
- Patient medical records are always subject to the patients’ consent before recording of any data in their behalf. Patients have the right to disagree to sharing their record. Thus, it is the User’s responsibility not to share the data to any receipt or manner as stated above.
- TQHQ will ensure that an unconsent record will not be subject to sharing using appropriate record flags/settings. In the event a User need to change the status of a record from unconsented to consent, it is the User’s responsibility to get patient consent before performing the sharing. TQHQ will not be liable for any change in status.
- Users’ created data for their patients will also be subject to their permission before any sharing is made. If the User shared the data on his accord to another user thru the EMR, TQHQ will not be liable for any event that will occur to the shared data.
- In the event of a legal proceeding, Users’ data created for their patients will require a court order before being released.
- Data for research and/or studies will always be aggregated and always anonymized.
- In the event that patient did not agree to the patient consent form, doctors can still proceed in providing healthcare service and still capture the patient data only for purposes of record keeping. Data of an unconsent record will never be submitted or included in a sharing.
- LINKS TO OTHER WEBSITES
- If a User uses the Service after notice of changes have been sent to such User or published on the Web Application, such User hereby provides his/her/its consent to the changed practices.
- TQHQ reserves its right to bring about changes or to remove product Features/Functions of BluEHR , BluPHR or any BluHealth products due to changes in Government regulations and other local laws applicable.
Mr. Romel John Santos
8F STRATA 2000,
F. Ortigas Jr. Road, Ortigas Center
Pasig City, 1605
Phone: +63 917 324 0595