Terms of Service – doctors and privacy protection policy

Thank you for using our portal. This service is provided by Estheticon, s.r.o., ID: 25044567, Dr. Milady Horákové 513/23a, Liberec IV-Perštýn, 46.

By using our services and/or accepting these terms and conditions, you agree to the terms and conditions including our privacy protection policy. Please read these terms and conditions carefully. If you do not agree with our terms and conditions, including the privacy protection policy, please do not use our services.

Our services may not be misused. The access and use of our portal is permitted only in accordance with these terms and conditions.

Definitions

Discussion: A discussion is comprised of contributions to a new discussion thread or contributions (see below) that are added to existing threads. Other contributors or doctors may respond to these contributions to form the discussion.

Doctor: A doctor or a clinic will have complied with registration conditions and received permission from the service provider to set up a profile; or the details of the doctor were obtained from a public database.

Article: Articles pertaining to medical topics are published by doctors on the portal.

Portal: The portal is maintained by the service provider. It is registered at: www.estheticon.com and www.healingcare.info.

Service provider: Estheticon, s.r.o., ID: 25044567, Dr. Milady Horákové 513/23a, Liberec IV-Perštýn, 46.

Profile: A profile is a web page containing information about the doctor or clinic on the portal.

Contribution: A contribution is information, opinions or a recommendation published on the portal.

Contributor: A contributor is a portal user of at least 15 years of age with a registered account who may publish contributions and experiences to discussion forums.

Experience: An experience is a user’s report or retelling of a procedure or doctor through the use of the ‘review’ or ‘experience’ fields. Reviewed doctors have the option to respond to experiences.

Offered services

This portal is intended for doctors who wish to create and manage their professional profiles. Its other purpose is to provide users/patients with an opportunity to objectively review their doctors’ work. It is also intended for the publication of articles, discussions and patients’ experiences with various procedures, and for the publication of other pieces of useful information.

The portal provides the following services:

• Publication of information pertaining to doctors based on doctor-created profiles.
• Publication of information pertaining to doctors based on information found in public databases.
• Publication of medical articles.
• Publication of visitor contributions, discussions, and experiences (see terms and conditions, ‘contributor’ section) including the opportunity for doctors to respond to these contributions.
• Option for Doctors to hide or remove ‘experiences’ contributions from their profiles (see below, ‘Discussion contributions and experiences’).

Profile registration conditions

Profiles are limited to one per doctor. Doctors seeking to create a profile on the portal are offered the following profiles:

• Paid PREMIUM
• Paid STARTER
• Free BASIC

Both paid profiles can be acquired by filling out and submitting an order form, accepting these terms and conditions (including the privacy protection policy) and by agreeing to personal data processing.

A free BASIC profile can be acquired by accepting these terms and conditions and the privacy protection policy, and agreeing to personal data processing.

The decision to publish or not publish doctor profiles is made at the sole discretion of the service provider.

The following details are required upon registration:

• Name
• Surname
• Email address
• Telephone number
• Work address
• Procedures offered
• Other noncompulsory information intended for publication on the profile

All information provided during registration will be published on the profile with the exception of confidential information (as specified in the registration form).

By agreeing to the terms and conditions you grant Estheticon, s.r.o. exclusive license to use any and all content provided by you that meets the definition of an original copyright work online (e.g. photographs or texts you post) according to the relevant legal regulations. This license is granted as irrevocable, without consideration, and without restriction as to location, time (or only restricted to the duration of the copyright), volume or function. This content can be used on the internet in all possible ways permitted by valid legal regulations, including, without restriction, copying, hosting, archiving, reproducing, modifying, creating derived works (e.g. works resulting from translation, adaptation or modification for the purposes of improving function as part of our services), communicating, publishing, operating and displaying in public, as well as distribution of such content. You also consent that Estheticon, s.r.o. may grant this license in the same scope (or grant a sublicense) to any third party. The license shall survive even after you cease using the services of Estheticon, s.r.o.

Licenses

Doctors must show proof of a medical license and proof of membership in an internationally recognized medical association, such as the VDÄPC, in order to display procedures they perform on their profile.
Doctors who are members of other associations will be assessed individually by Estheticon.

A doctor listed on Estheticon must be certified in one or more of the following areas*:

• Plastic surgery
• Maxillofacial surgery
• Dermato-venerology
• General surgery
• Otorhinolaryngology
• Gynecology
• Ophthalmology
• Bariatric surgery

* Estheticon requires doctors to be certified in the procedures that they offer. For example, dermatologists cannot be listed in directories that are designated for physicians, nor are they (dermatologists) permitted to be listed under procedures that are outside of their areas of expertise, such as breast augmentation. Please note that specialists are prohibited from answering questions in forums that are outside of their areas of expertise as well.

Good reputation

The service provider has the right to stop providing services to any doctor, especially when:

• A doctor has lost their reputation in the community.
• The service provider has reason to believe a doctor has provided incorrect information during registration, or in relation to personal details, medical licenses, memberships, references and other information.
• A doctor is in breach of these terms and conditions and the professional standards of the service provider.

Discussion contributions and experiences

The portal allows doctors to publish contributions in discussion forums, as well as patient experiences, after the registration and acceptance of these terms and conditions, including the privacy protection policy.

Contributors may participate in procedure-related discussions and experiences on individual doctor profiles, as well as in the discussion sections below articles. Doctors may respond to contributions as well.

Contribution responsibility

The service provider is not responsible for the content of your contributions (the service provider acts as a “hosting provider”). The content of your contributions is your responsibility. Your contributions are your property. Should you breach any law, you are entirely responsible for any damages resulting from your published contributions on the portal. Should the content of your contributions cause any damages to the service provider, you will be entirely responsible for compensating those damages. The service provider is not responsible for any other content you publish on your profile. Contributors are responsible for their contributions, as stated in the terms and conditions for contributors.

When publishing contributions, please carefully ensure that your contributions do not breach any laws or regulations (especially privacy rights, personal data protection and/or copyright issues), including unfair competition violations, a violation of the medical chamber’s code of ethics, or an infringement on confidential information.

The service provider does not monitor the contribution content, but should they become aware that the statutes of these terms and conditions were broken, the contribution will be deleted immediately. The service provider is not responsible for any damages caused by the deletion of any information published on your profile.

The service provider does not offer any guarantees related to the functioning of the portal and is not responsible for any technical problems related to connectivity.

Discussion and experiences rules

Before you decide to publish a contribution, consider your contribution carefully. All information provided by you will be freely published on the portal and can be found and misused by anyone. Contributions will be published in your name or in the name of the clinic provided by you during registration. Anonymous contributions are not permitted. The doctor hereby declares that all his or her contributions are truthful. Doctors are obliged to follow the discussion rules below:

No commercial announcements

Purely commercial contributions unrelated to the topic, and/or only mention the doctor’s practice, are not permitted.

No vulgarities or verbal abuse

Vulgar or threatening contributions, or any other form of verbal abuse, will immediately be deleted upon coming to the attention of the service provider. Please note that the service provider considers any vulgar expressions with added smiley faces, missing letters or other symbols as vulgar and abusive.

No gossip

Only include truthful information in your contributions. If your contribution contains false or damaging information about someone, you could face charges for defamation. It is not possible for the service provider to assess whether negative contributions are in fact defamation, though any contributions containing baseless criticisms will be deleted immediately after the service provider becomes aware of them. We would like to draw attention to the possibility to hide contributions on doctor’s profiles (further information below).

Contribution format

The service provider recommends the use of diacritical signs and that text be structured into paragraphs. Contributions that are incomprehensible may be deleted.

Contribution language

Though there are various language versions of the portal, contributions must be published in the language of that particular portal. Contributions in other languages will automatically be deleted and will not be moved to other language versions of the portal.

Inserting links

Doctors may only insert links into discussion forums if they possess a PLATINUM membership and a PREMIUM profile. Information contributed to the forums must be appropriate to the topic, and links must relate directly to the topic being discussed. Links must lead to a functioning page with detailed information pertaining to the topic of discussion. Links can only be included as a reference to accompany contributions that are comprehensive.

Acceptable link

The following link directs readers to a specific article pertaining to capsular contracture: http://www.mya.co.uk/askanexpert/do-i-have-encapsulation-or-capsular-contracture/breast-enlargement-and-implants/answer/589/
Unacceptable link:The following link directs readers to a homepage and is thus not specific: http://www.mya.co.uk/

Answers to contribution questions should contain informational value, be elaborative and answer the question fully

Example question: Can I have a breast reduction when I am planning to get pregnant?

Inappropriate answer: No, you can’t.
The answer provided was too brief and contained no explanation.

Appropriate answer: The milk ducts will be severed to some extent, depending on the type of surgery. Breast changes during pregnancy will have a considerable effect on your breast shape. From a medical and cosmetic perspective we recommend to postpone the operation until after pregnancy.

Further rules and recommendations – Be careful about sharing personal details

Please note that any information that can be linked to a particular person is protected by the personal data protection act and other related legislation. Also, in accordance with the data protection act and other related legislation, any information related to the health of any particular person is considered sensitive information, and special regulations apply.

Negative experiences

In the event someone writes a negative experience on your profile, such as rating you with one or two stars and/or giving you a thumbs-down, an automatic email notification will be sent to the email address you provided during registration. You will have seven days to respond to this experience contribution. After this seven-day period expires, the experience will be published automatically.

You will have the following options to manage the negative experience contribution:

1. Publish the contribution with your response to it.
2. Hide the experience – the contribution will be published on your profile as ‘hidden’. This means that other visitors will see a negative experience was added, but they will not see the actual content. Note that hidden experiences will still be calculated into your overall rating.
3. Turn off the ‘patient experience’ option on your profile – this stops all reviews from being displayed on your profile, including positive reviews. Once this option is turned off, nobody will be able to add an experience they’ve had with you onto your profile.
4. Delete the experience – if the experience is in violation of the law or statutes stated in these terms and conditions, it will be deleted.

Deleting a contribution

Contribution experiences found to be in conflict with the law, or with the statutes stated in these terms and conditions, will be deleted.

The service provider is not responsible for any damages that result from deleted contributions. Individual doctors and contributors are fully responsible for the content of their contributions. The service provider does not monitor them.

Should you find a contribution that does not comply with these terms and conditions, or with current legislation, please report it immediately by clicking on the ‘found a mistake’ button.

Before and after pictures

The before and after pictures must show the work of the doctor or clinic inserting them. The before and after pictures cannot be inserted under several profiles; they can ONLY be used under one profile. The pictures can be used only by the doctor or clinic that conducted the surgery.

Unregistered doctors

Negative experiences cannot be added to profiles of doctors who are not registered, as in doctors whose information was obtained from public databases.

Changes in services and termination

Conduct that is found to be in violation of these terms and conditions, or conduct that is suspected of being impermissible by the service provider, may result in suspension or termination of services.

The service provider edits and improves its services constantly. This may result in the addition or removal of certain portal functions. The service provider may suspend or terminate its services at any time.

Notice of amendments

The service provider has the right to amend any of the provisions listed in these terms and conditions. Users will be notified of any changes via an email sent to the address provided during registration. Notifications about possible changes will be sent to users in advance and will not be applicable retroactively. Users who do not accept the amended terms and conditions may not use our services.

Invalidity of any of the provisions does not automatically render the rest of the terms and conditions invalid.

Both the service provider and you, the user, agree these terms and conditions are in accordance with Czech law. Should any legal dispute occur, it will be subject to Czech laws and the Czech judicial system.

These terms and conditions take effect the day they are published on the portal. The old terms and conditions are hereby invalid.