BluEHR : EHR/EMR for Philippine Doctors

Privacy Policy

Tantum Quantum Headquarters, Inc. (“us”, “we”, or “TQHQ”) is the author and publisher of the Software BluEHR, BluPHR and all BluHealth applications, the internet resource www.bluehr.ph (“Web Application”) on the world wide web, all variant services, and mobile applications provided by TQHQ and on/in which this Privacy Policy is posted or referenced, (including all files and images contained in or generated by and accompanied data, together the “Services”). BluHealth is used at healthcare practices (“Practices”) by healthcare providers, designated associates of the healthcare providers who work in the same Practice (“Practitioners”), and clients of the healthcare providers (“Patients”, which term shall also include members of public who search for doctors on the Web Application) to find, manage, and organize information including but not limited to personal or non-personal information, practice information, appointments, prescriptions, medical records, billing, inventory and accounting details. All users of TQHQ products under the BluHealth ecosystem and its various products and Services, including the Practitioners and Patients, and the visitors of Web Application are together termed as “Users”. We created this Privacy Policy (“Privacy Policy”) to give the Users confidence, as you use the Services and to demonstrate our commitment to the protection of Privacy Policy. Your use of the Services is governed by this Privacy Policy and our Terms of Use. Any capitalized term used but not defined in this Privacy Policy shall have the meaning in our Terms of Use.

BY USING THE SERVICES, YOU AGREE TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU CANNOT USE THE SERVICES. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF.

WHY THIS PRIVACY POLICY?
This Privacy Policy is published in compliance of:
1. the Universal Healthcare Act,
2. the rules, regulations, guidelines and clarifications framed there under, including the DICT, DOH, Philhealth; and
3. The Philippine Data Privacy Act of 2012 (the “DPA”) (Republic Act No. 10173), to the extent provided under Section 6.
  This Privacy Policy states the following:
  1. The type of information collected from the visitors of the Web Application and the End users, including sensitive personal data or information;
  2. The purpose, means and modes of usage of such information; and
  3. How and to whom TQHQ will disclose such information.
COLLECTION OF PERSONAL INFORMATION
1. 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.
2. 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:
  1. passwords;
  2. health information such as insurance information and unique identifiers;
  3. physical, physiological and mental health condition; including race, ethnic origin, marital status, age, color, and religious, philosophical, or political affiliation, and education;
  4. sexual orientation and sexual life;
  5. medical records and history;
  6. biometric information and genetic information;
  7. 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;
  8. visitor details as provided at the time of registration or thereafter; and call data records.
3. Notwithstanding anything to the above Clause 2.b, Personal information includes (but is not limited to) the following categories of information:
  1. contact data (such as your email address and phone number);
  2. demographic data (such as your gender, your date of birth and your zip code);
  3. insurance data (such as your insurance carrier and insurance plan); and
  4. other information that you voluntarily choose to provide to us, such as Personal information in emails or letters that Users send us.
4. 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:
1. This section applies to all Users (“Users”).
2. Accordingly, a condition of each User’s use of and access to the Web Application and to the Software provided by TQHQ to Users (together with the Web Application, the “Services”) is their acceptance of the Terms of Use, which also involves acceptance of the terms of this privacy policy. Any User that does not agree with any provisions of the same has the option to leave the Services provided by TQHQ immediately.
3. All the information provided to TQHQ by a User, including sensitive personal information, is voluntary. User has the right to withdraw his/her/its consent at any time, in accordance with the terms of this privacy policy and the terms of use, but please note that withdrawal of consent will not be retroactive. TQHQ does not control or endorse the content, messages or information found in any Services and, therefore, TQHQ specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against TQHQ relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against TQHQ relating to same.
4. 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 corporate@tqtq.ph.
5. 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.
6. 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.
7. 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.
8. 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.
9. This privacy policy applies to Services that are owned and operated by TQHQ. TQHQ does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which TQHQ is not responsible or liable. Accordingly, TQHQ does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does TQHQ guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by TQHQ of the website, the website's provider, or the information on the website. TQHQ encourages the User to read the privacy policies of that website.
10. 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.
11. TQHQ does not collect information about the visitors of the Web Application from other sources, such as public records or bodies, or private organisations, save and except for the purposes of registration of the Users (the collection, storage and disclosure of which each End User must agree to under the terms of use in order for TQHQ to effectively render the Services).
12. 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.
13. TQHQ will not disclose any personal information or data to governmental institutions or authorities unless such disclosure is requisitioned under any law or judicial decree or when TQHQ, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply our terms of use.
PRACTITIONER'S NOTE
1. This section is applicable to Practitioners (“Practitioners”).
2. 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.
3. All the statements in this privacy policy apply to all Practitioners, and all Practitioners are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to TQHQ, failing which they are required to leave this Service and the Web Application immediately.
4. 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.
5. TQHQ automatically lists Practitioners’ information on its Web Application for every ‘Doctor’ added to a Practice using its Software. The Practitioner information listed on Web Application is displayed when Patients search for doctors on Web Application, and the Practitioner information listed on Web Application is used by patients to request for doctor appointments. TQHQ, on its own, does not list any personally identifiable information of such Practitioners.
6. Practitioners are mandated to elect a data privacy officer for his practice and operation of his/her clinic. TQHQ reserves the right to be the data processor only of any data collected by the Practitioner in the use of the application. It will be the responsibility of the Practitioner, as the data controller, to be trained and gain knowledge on his own accord to know and learn the Data Privacy Law and its Implementing Rules. It will also be the Practitioners’ responsibility to notify, explain and further educate all patients in his clinic.
7. Practitioners are mandated to explain the nature, purpose, extent, risk, and policies of his clinic pertaining to data privacy. A Patient Consent Form must be signed to signify the patients’ approval of the capture and storage of personal & health information. This can be done by physically printing the provided Consent Form from the application or an electronic version using an emailed consent notification with the “I give consent” button which the patient can click and the system will update the record. Copies of this signified email will be sent to both patient and Practitioner.
8. TQHQ reserves with it the Right to use Practice information and Practitioner information for the following purposes:
  1. Publishing practice information on the website (TQHQ.ph, BluEHR.ph or BluPHR.ph).
  2. Containing practitioners for offering new products or services.
  3. Contacting practitioners for taking product feedback.
  4. Analyzing software usage patterns for improving product design and utility.
  5. Analyzing anonymized practice information including financial, and inventory information for commercial use.
9. 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:
1. This section is applicable to Patients (“Patients”)
2. 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.
3. All the statements in this privacy policy apply to all Patients, and all Patients are therefore required to read and understand the privacy statements set out herein prior to submitting any sensitive personal data or information to TQHQ, failing which they are required to leave the TQHQ immediately.
4. 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 privacy@tqtq.ph 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.
5. 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.
6. TQHQ reserves with it the right to use anonymized patient demographics information and anonymized patient health information for the following purposes:
  1. Analyzing software usage patterns for improving product design and utility.
  2. Analyzing anonymized patient demographics information and patient health information for research and development of new techonologies.
  3. Using analysis of anonymized patient demographics information and patient health information in other commercial product offerings.
  4. Sharing analysis of anonymized patient demographics information and patient health information with third parties for commercial use.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. TQHQ may also disclose or transfer Patients’ personal and other information a User provides, to another third party as part of reorganization or a sale of the assets of a TQHQ corporation division or company. Any third party to which TQHQ transfers or sells its assets will have the right to continue to use the personal and other information that Patients provide to us, in accordance with the Terms of Use.
  10. 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.
7. Patients’ have the following rights pertaining to their personal and health data:
  1. TQHQ design the EMR application to only take 10 mandatory fields. They are:
    All other fields are optional.
  2. Patients’ have the right to refuse to provide personal information for digital capture. In such cases, Practitioners have no resort but to use manual recording and no electronic and digital processes can be provided to the patient such as notification, emailing of lab results, etc.
  3. Patients’ have the right to object to any information being asked. Practitioners can skip capturing data that the patient does not want to give. Only the mandatory fields listed above are required to create a patient information record.
  4. Patients have the right to correct. Practitioners must accommodate such request for correction.
  5. Patients have the right to erasure or blocking.
  6. Patients have the right to file a complaint.
  7. Patients have the right to file for damages.
  8. Patients have the right for data portability.
8. Patients are also given two (2) ways to view and access their personal and health data:
  1. Using BluPHR, TQHQ’s Patient Health Record application which is a web application portal where patients with data in BluEHR can access and view their data. There are also data that can be edited and updated by the patients themselves such as addresses, mobile numbers, email, etc.
  2. If the patient opted not to use BluPHR, the Practitioner can provide a temporary read-only access to the patient to view the data.
CASUAL VISITOR'S NOTE
1. No sensitive personal data or information is automatically collected by TQHQ from any casual visitors of this website, who are merely perusing the site.
2. Nevertheless, certain provisions of this privacy policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this website immediately.
3. 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.
4. You are not a casual visitor if you have willingly submitted any personal data or information to TQHQ through any means, including email, post or through the registration process on the Web Application. All such visitors will be deemed to be, and will be treated as, End Users for the purposes of this privacy policy, and in which case, all the statements in this privacy policy apply to such persons.
REGISTRATION PROCESS
1. All the information listed in S. 3.c of this privacy policy (“User Information”) is maintained by TQHQ in electronic form on its equipment, and on the equipment of its employees. Regardless of the manner of storage, TQHQ will keep all User Information confidential, and will only disclose User Information.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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
1. Sharing of data are always subject to consent or written permission from the User and/or its patients.
2. 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.
3. 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.
4. 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.
5. 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.
6. In the event of a legal proceeding, Users’ data created for their patients will require a court order before being released.
7. Data for research and/or studies will always be aggregated and always anonymized.
8. If patient did not agree to give consent, doctors can still proceed in providing healthcare service and still capture the patient data only for purposes of record keeping and data will remain with the records of the clinic. Data of an unconsented record cannot cannot be shared, transferred, or shown to anyone including the patient.
LINKS TO OTHER WEBSITES
The Services contain links to third party websites with which TQHQ has no affiliation. A link to a non-TQHQ website does not mean we endorse that website, the quality or accuracy of information presented on the non-TQHQ website or the persons or entities associated therewith. If you decide to visit a third party website, you are subject to the privacy policy of the third party website as applicable and we are not responsible for the policies and practices of the third party website.
CHANGE TO PRIVACY POLICY
1. The Users acknowledge that this privacy policy is part of the terms of use and unconditionally agree that becoming a User of the Web Application and its Services signifies their assent to this privacy policy. User’s visit and any dispute over privacy are subject to this policy and terms of use. TQHQ may update this privacy policy at any time, with or without advance notice. In the event there are significant changes in the way TQHQ treats User’s personally identifiable information, TQHQ will display a notice on the Web Application or send Users an email, as provided for above. Unless stated otherwise, TQHQ’s current privacy policy applies to all information that TQHQ has about Users and their account. TQHQ shall notify Users of any changes to this policy.
2. 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.
3. 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.
CONTACTS
Have a question?
If you have questions or clarifications regarding our policies and statements, kindly contact us and we'd be happy to chat with you and clear things up.

Romel John Santos
Data Privacy Officer Tantum Quantum Headquarters, Inc.
Unit 3006 A One Corporate Centre Bldg.
Julia Vargas Ave. Ortigas Center,
Barangay San Antonio, Pasig City, 1605
NCR 2nd District, Philippines.
Phone: +63 947 635 2666
Email: dataprivacyofficer@tqhq.ph