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These general conditions of use (hereinafter referred to as the ‘Conditions’) govern the contractual relationship with regard to access to and use of PACSonWEB between on the one side DOBCO Medical Systems N.V., with offices at Industriepark-West 75, 9100 Sint-Niklaas, Belgium, and with business number 0833.277.213 (hereinafter referred to as ‘Dobco Medical Systems’) and on the other side the person using PACSonWEB (hereinafter referred to as the ‘User’).

The User declares that he/she has taken note of the content of the Conditions and that he/she will explicitly accept the application thereof by using PACSonWEB. The User shall accept the Conditions periodically and, in the event of a change, shall accept the Conditions again and in the same manner in order to continue using PACSonWEB.

1. Responsibilities and limited guarantee

1.1. Dobco Medical Systems guarantees that it will make the required effort so that the User can use PACSonWEB on a regular basis for the services and functionalities described on www.pacsonweb.com.

1.2. The User takes responsibility for using PACSonWEB and for the results that are obtained with it. Guarantee of the suitability of a certain use or goal is hereby expressly excluded.

1.3. The User is aware that PACSonWEB is a system for providing medical data to external parties and exchanging such data in a safe environment, and that Dobco Medical Systems is solely responsible for the good technical execution of this in accordance with the highest standards. This means that, among other things, Dobco Medical Systems is not responsible for the medical data that are processed by the healthcare facility or organisation and/or the Users on PACSonWEB.

1.4. Dobco Medical Systems does not guarantee that PACSonWEB is entirely free of bugs, errors or technical malfunctions, or that use of the system is ensured at all times. The availability and service provision of PACSonWEB may be interrupted at any time, in part or in its entirety, including for maintenance activities.

1.5. In no case will Dobco Medical Systems be responsible if regular service provision is impeded by technical errors or malfunctions in networks that are outside of its control.

1.6. The User is solely responsible for the selection, costs and maintenance of the IT infrastructure on which PACSonWEB is used, and hereby acknowledges that how many details and what information can be obtained from the available images, among other things, depends on the quality of the monitor and the reproduction equipment.

2. Security, identification and access to data

2.1. Dobco Medical Systems will make the required effort to provide adjusted security and identification methods for access to and use of PACSonWEB in a secure environment.

2.2. The User will receive access to PACSonWEB through an account or reference number, which the User will receive from Dobco Medical Systems or the responsible healthcare facility or organisation. The person who grants the User access to PACSonWEB will bear the risks associated with transmitting data to the User.

2.3. The account information is strictly personal and non-transferable, and the User must keep this information strictly confidential. The User must handle the information with care from the moment he/she receives it. The User is solely responsible for authorised or unauthorised use of the information, including each instance of use by third parties.

2.4. If the User obtains knowledge of the loss or unauthorised use of his/her account or reference number by third parties or suspects such loss or unauthorised use, then he/she must immediately report this to Dobco Medical Systems through the help desk (support@dobcomed.com or at +32 (0)3 780 17 40). Dobco Medical Systems will take all necessary and reasonable measures as quickly as possible, and will block the User’s account, if necessary.

2.5. The responsible healthcare facility or organisation and/or the User are solely responsible for granting access rights to the medical data to the correct Users, in accordance with the methods that PACSonWEB foresees for this.

3. Use of PACSonWEB

3.1. PACSonWEB is a web based solution intended for the distribution and visualization of medical images and reports over the internet to requesting physicians and patients and among hospitals. The embedded viewer contains image enhancement tools (window leveling, invert, spatial locator, reference lines, … ) and measurement functionalities (length, angle, vertical height, …) that allow PACSonWEB to be used for diagnostic purposes.

3.2 As a distribution medium, PACSonWEB is used to make medical images and reports, made at a hospital or private radiologist, available to the requesting physician over the internet. The images are also available for reference to the patient. It is the decision of the radiology department if the report is also available to the patient or not. Using the related reference codes, owned by the patient, the exam and report can easily be consulted by any physician that has a PACSonWEB account. The images are available online for a period between 1 and 5 years, as determined by the sending radiology department.

As a diagnostic tool, PACSonWEB can be used by a radiologist to visualize and enhance available images and perform measurements in order to make a diagnosis. The report can be recorded within PACSonWEB.

Within the scope of the use of PACSonWEB, the User is obligated:

3.2. In the event of a violation or suspected violation of section 3.1, Dobco Medical Systems will be entitled to take all necessary measures, block or delete data, block the User’s access and/or suspend or cancel the User’s licence, without the User being entitled to any compensation for damages.

3.3. Special care must be taken when decisions about patients are made based on the demographic data and other patient information available in PACSonWEB. Demographic and other patient data may be incorrect if the responsible healthcare facility or organisation has entered then incorrectly, resulting in misrepresentation and/or mismatching.

3.4. The PACSonWEB user manual is provided in electronic format and can be consulted on http://manuals.pacsonweb.com/display/MANPOW3. A registered user can request a paper copy of the manual with the service desk of Dobco Medical Systems. The company engages to deliver this within 7 days.

4. Liability of Dobco Medical Systems

In the event of a deficiency on the part of Dobco Medical Systems, the company will compensate for the deficiency in kind. If compensation in kind is not possible (any longer), then, except for in the case of fraud or wilful misconduct, Dobco Medical Systems’ liability for all direct damage to the User will be limited to € 1,000 per insurance claim, regardless of whether Dobco Medical Systems’ liability stems from contractual provisions, tort (including negligence or non-fulfilment of a statutory obligation) or any other cause. In no case, except for in the case of fraud or wilful misconduct, will Dobco Medical Systems be liable for indirect, unforeseeable or immaterial damage, including loss of earnings, damage to reputation, damage suffered by third parties and/or interruption of the User’s activities.

5. Intellectual property rights

5.1. The User acknowledges and accepts that PACSonWEB, including its software, is protected by intellectual property rights (copyright, trademark law, etc.), of which Dobco Medical Systems or its suppliers are the proprietor(s).

5.2. The User will obtain a non-exclusive right to use PACSonWEB for the purposes described in the Conditions and at www.pacsonweb.com. The User is obligated to respect all intellectual property rights for PACSonWEB at all times. Hence, the User is not permitted to copy, revise, translate, sell, etc. PACSonWEB in any way whatsoever, in part or in its entirety, without the express permission of Dobco Medical Systems.

6. Applicable law and court of jurisdiction

The Conditions are governed by Belgian law. In the event of a dispute regarding the Conditions, only the courts in Dendermonde, Belgium will be authorised to adjudicate the matter.

"By using PACSonWEB, I acknowledge that I have taken note of the PACSonWEB Conditions of use, which set forth obligations for the user and limit the liability of the PACSonWEB supplier, and I declare that I agree to these Conditions."

Last update: 27/02/2018

Dobco Medical Systems takes privacy very seriously. We strongly believe in protecting the privacy of the personal data you share with us. As a controller, we also believe it is important to inform you about how we will use your personal data, and to give you choices about this. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and how we use it. This is important, therefore we encourage you to take time to read it carefully.

1. SCOPE OF THIS PRIVACY NOTICE

This Privacy Policy (Privacy Policy) applies to all personal data collected of Users of the PACSonWEB platform. This implies all doctors, dentists, specialists,… that register for a PACSonWEB account or use PACSonWEB through an account as well as unregistered users that logon with a reference number and date of birth for an exam.

This Privacy Policy does not apply to the patient data that Dobco Medical Systems processes on demand for our contracted hospitals and radiology practices. For all matters, involving these data, we refer to the privacy policy of the related radiology department.

This Privacy Policy also applies to all personal data collected of Users of the Dobco Medical Systems’ website that register for the newsletter or fill out a contact or demo request form.

This Privacy Policy applies in addition to any terms and conditions and other policies of Dobco Medical Systems applicable to the Services.

2. HOW WE USE YOUR PERSONAL INFORMATION (Our purposes)

We will treat all personal information you provide us with, in confidence, in accordance with this Privacy Policy and the national and international legal requirements.

2.1 PACSonWEB

When using the PACSonWEB portal the required personal information is registered in our databases and will be processed in order to assure:

The provided personal data related to a registered user account will be stored for a period of 2 years after the last registered successful login attempt.

The data on the exams that have been accessed will be stored for 10 years, unless we have to keep the information even longer for legal purposes. This period of time is necessary to be able to realise the aforementioned purposes.

2.2 Dobco Medical Systems’ company website (www.dobcomed.com)

You can visit our company website without disclosing personal information. In case personal information is provided when e.g. filling out a contact form or subscribing to the newsletter, this information is stored to:

The provided personal data is stored for the duration of the requested service + 2 years.

3. THE INFORMATION WE COLLECT

The information provided to us can, amongst others, consist of personal data. By ‘personal data’ we mean any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is someone who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

The personal data we collect depends on the method of collection:

Using the website: www.dobcomed.com:

Anonymous but in these specific cases the mentioned information is registered:

Using the PACSonWEB website:

Anonymous but in these specific cases the mentioned information is registered:

In addition, with each PACSonWEB session a cookie is used to register the session ID which is used as long as the user is logged on. No personal information is stored within the cookie.

We may also aggregate details which you have submitted to the website. Aggregated data does not contain any information that could be used to identify you and is only used to assist us in providing an effective service on this website.

4. CONSENT

All processing of the personal information gathered at present lies within the legitimate interests of the controller.

If Dobco Medical Systems decides to use the gathered personal data, obtained through the PACSonWEB website for additional purposes and for which legitimate interest is not a valid ground, consent for the related processing will be asked through the PACSonWEB interface before actual processing of the related data. To give consent it will be required to tick a box stating “that you consent to the processing of your personal data for the mentioned purposes”. You will have the right to withdraw your consent at any time. However, the withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal. You can withdraw your consent by checking off the ticked box.

5. YOUR RIGHTS

5.1. RIGHT OF ACCESS, RECTIFICATION AND ERASURE

We offer you the opportunity to view, change or delete all personal data you provide to us.
This is free of charge for you.

IMPORTANT: This only involves personal data with respect to a personal account on PACSonWEB or personal data provided through the company website. Dobco Medical Systems processes patient data as commissioned by the contracted hospitals and private radiologists. Therefore all requests regarding patient data must be filed with the related radiology department.

You can also decide at any time that you no longer wish to receive any newsletters from Dobco Medical Systems and/or to no longer be contacted by us.

5.2. RIGHT TO RESTRICTION OF PROCESSING

In certain cases you also have the right to request that Dobco Medical Systems restricts the processing of your personal data.

5.3. HOW TO EXERCISE YOUR RIGHTS?

In case you want to exercise one of the above mentioned rights with respect to data for which Dobco Medical Systems acts as the processor and for which a hospital or private radiologist is the controller, the request must be filed with the related radiology department.

For data gathered directly by Dobco Medical Systems, the above requests can be made by contacting us by mail (data_protection_officer@dobcomed.com) or by letter addressed to our head office at
Industriepark-West 75,
9100 Sint-Niklaas,
Belgium and providing us with a copy of the front side of your ID card.

After verifying your identity, we will do everything reasonably possible to comply with your request unless the viewing, changing, deletion or restriction of data would require completely unreasonable measures (e.g. would be technically or organizationally virtually impossible or extremely costly). We may refuse to process requests that are unreasonably repetitive or systematic.

Your request will be handled within one month after receipt thereof.

6. HOW TO NOTIFY INFRINGEMENTS TO YOUR RIGHTS AND FREEDOMS?

I you believe, at any moment, that Dobco Medical Systems infringes your rights and freedoms, please send an e-mail to our data protection officer, using the following address: data_protection_officer@dobcomed.com

We will do everything reasonably possible to detect and solve the problem.

In this event, you can also contact the Supervisory Authority, the Commission for the Protection of Privacy www.privacycommission.be, Drukpersstraat 35, 1000 Brussel (02 274 48 00).

7. THIRD PARTIES

Personal data collected by Dobco Medical systems may be transferred or disclosed to third party contractors, subcontractors and/or subsidiaries for the purposes for which the visitor has submitted the information and for the administration of our system or site and/or other internal, administrative purposes. Personal data may also be transferred to third party service providers of identity management, website hosting and management, data analysis, data backup, security and storage services. As a result, personal data may be transferred outside the country where the visitor is located. By submitting data on Dobco Medical Systems’ website, the visitor is providing explicit consent to the transfer of such data for the fulfilment of his or her voluntary requests or otherwise as set out in the 'How we use your personal data' section.

It is Dobco Medical Systems’ policy to disclose information to third parties under the following circumstances:

8. SECURITY

Dobco Medical Systems will, to the extent possible, take technical, physical and organizational security measures which comply with applicable laws in the field of privacy and data security in order to guarantee a secure processing of your personal data. The risks of accidental or unauthorized destruction, accidental loss, alteration of or access by unauthorized persons, and any other unauthorized processing of your personal data are therefore reduced to a minimum.

9. CHANGES TO THE PRIVACY POLICY

We may change this Privacy Policy from time to time by posting the updated version of the Privacy Policy on the Dobco Medical Systems’ company website and the PACSonWEB portal website. When we publish changes to our Policy, we will change the date of the "last update" of our Privacy Policy. We therefore encourage you to check our Privacy Policy periodically.

10. CONTACTING US

You may contact us through our contact form if you:

If you prefer, you can write us at: Dobco Medical Systems, Industriepark-West 75, 9100 Sint-Niklaas, Belgium.

Support

Email: support@dobcomed.com

Phone Number: +32 (0)3 780 17 40

Your IP Address:: 54.161.49.216

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Company information

DOBCO Medical Systems N.V.

Bergstraat 13

9260 Schellebelle, Belgium

Website: www.dobcomed.com

Email: info@dobcomed.com

Phone Number: +32 (0)3 780 17 40

Software identification

PACSonWEB V3.2.402.222

Release date: 05/07/2018

User manuals

http://manuals.pacsonweb.com/display/MANPOW3

or download the PDF

Revision date: 05/07/2018

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