GENERAL CONDITIONS OF USE
IN FORCE FROM 01.09.2021
Process Service S.r.l. Benefit Company INVITES YOU TO CAREFULLY READ THESE TERMS OF USE BEFORE ACCESSING THE MOBILE APP AND THE SITE AND / OR TAKING ADVANTAGE OF THE FUNCTIONS OF THE Aforementioned SITE, APP AND SERVICES AVAILABLE ABOUT IT. ACCESS NECESSARILY INVOLVES FULL ACCEPTANCE OF THESE GENERAL CONDITIONS.
1. Introduction
These general conditions of use ("General Conditions") govern the terms and conditions of use of the "DoctorPass" App and the website www.doctorpass.it ("Site") owned and owned by Process Service S.r.l. Società Benefit P.Iva 01549880050 ASTI (Italy) ("Process Service S.r.l.") and the provision of services through the Site itself made available (including the relative mobile application - "App").
The services, as better described below, available on the App and on the Site are reserved and addressed to users who have created and are holders of an account for the use of the App, and / or Card, and / or the "DoctorPass" website ( hereinafter jointly "User").
The User is invited to read these General Conditions carefully before using the services regulated therein. In any case, to subscribe to the services or features available through the Site, it is necessary to accept these General Conditions by "clicking" on the "Accept" button which will be reported through specific pages or masks on the App and / or Site and made, of from time to time, also available via pop-up.
The type of services and features that can be activated through the Site and / or App is constantly evolving. Therefore, in the event that services or functionalities not expressly regulated in these General Conditions are implemented or in the event that certain services or functions require the application of particular provisions, other than those referred to in these General Conditions, these conditions will be duly reported to the User, by publication in specific areas or pages of the App and / or Site or by sending a specific communication by email, notification, to the address indicated by the User during registration, so that he can view and lend your specific acceptance.
2. Definitions
Unless otherwise provided in the context of these General Conditions, the words and expressions indicated below have the following meaning:
• Account: means the authentication and / or authorization system and, in general, the personal profile created by each User, as defined below, - protected by a personalized password and userID - that can only be managed by the User, not transferable and necessary for use the Services;
• Medical Folder (s): means the set of health information and data (such as, by way of example and not limited to, blood group, pathologies, allergies, medicines taken, data relating to your health insurance) entered at the discretion of the Customer in the forms of the App, Site and, therefore, reachable from the QR Code and the UNIQUE Code of the Device;
• Customer / s: means the person who has downloaded directly from the stores and / or received from Process Service S.r.l. or by an authorized reseller of a Device, as defined below;
• General Conditions: indicates these terms and conditions of access and use of the App, the Site and the services;
• Data: the personal data provided by the User when registering and creating the Account or subsequently also when joining one or more services such as, by way of example but not limited to, name and surname; Street address; e-mail; VAT tax code;
• DoctorPass or Device: means the "DoctorPass" branded device (or DoctorPass by DoctorTag) consisting of the card, bracelet, pendant or other accessory that can be worn on the person - separately purchased by the Customer - containing a QR Code and UNIQUE numeric code with which the data entered by and at the discretion of the Customer, the data and health information that together form the "Medical Record" that the Customer, independently and under his own responsibility, intends to insert and "store" (including also the telephone number of one or more people, family members or family doctor, to be contacted in case of need or emergency);
• Instructions for Use: indicates the instructions for using the Device that can be consulted from the App and also on the relevant web page of the Site;
• Process Service S.r.l. : means Process Service S.r.l. Benefit Company, Innovative SME P.Iva 01549880050 ASTI (Italy), owner of the App, of the Site and provider of services, as governed by these General Conditions;
• Privacy: means - jointly and indiscriminately - the Privacy Policy [link] that the User must view and / or accept (also by giving their consent, where necessary under the law), for the creation of the Account and for the use of the Services;
• Service (s): means - individually or jointly - the applications, services, functionalities and tools connected to the possession and use of the Device which the Customers and interlocutors, as the case may be, can use, in compliance with and upon acceptance of the provisions of these General Conditions;
• Site: means the website corresponding to the domain name “doctorpass.it”;
• User / s: Customers, Doctors, Associations, Companies, Bodies are understood indifferently.
3. Provision of services
3.1 All Services are accessible of charge (at the date of drafting and publication of these General Conditions) on a voluntary basis only to adults and / or capable of acting.
In the event that Process Service S.r.l. becomes aware that the Customer is actually a person under the age of 18 and / or a person not legally capable of acting, in accordance with the laws in force, Process Service S.r.l. reserves the right and the right to ask the minor Customer to transmit written authorization from the parents or whoever exercises parental responsibility over the minor and any other supporting documentation (eg copy of identity documents and / or state certificate family, etc.). In the absence of transmission of such documentation, Process Service S.r.l. will have the right, at its sole discretion, to cancel the corresponding Account without notice, with consequent inhibition of the minor and / or unable to access the Services.
3.2 Users upon acceptance of these General Conditions and use of the Services:
acknowledge the correctness, completeness and truthfulness of the data entered, for which they assume full responsibility;
they undertake to keep their data updated, modifying them in case of variation;
affirm, under their sole responsibility, that they have reached the age of eighteen and / or that they are legally capable of acting in accordance with the law;
they also undertake not to register on the Site more than once even with different names and data, thus creating multiple Accounts and not to use the Services governed by these General Conditions in the name and / or on behalf of other Users, except in this case last case, upon request and written authorization by the person directly concerned and in any case against prior written authorization by Process Service Srl
3.3 Users are aware that all costs and / or expenses relating to hardware equipment and software programs necessary to activate and / or establish the connection to the Site and App to use the Services and all costs and / or expenses relating to connection to the internet network are their own exclusive competence.
3.4 Certain Services available on the Site may be subject to a fee. It is understood that the contractual regulations relating to paid services will be contained and supplemented by the general conditions of supply separately highlighted to the User himself in the pages of the Site and that the User must accept in the event of a request for paid services. Unless expressly waived in the context of these general conditions of supply, these General Conditions will also be fully applied to login, as well as to the use of User Data by third parties, the Users themselves must send a timely notification to the following address assistance @ doctorpass .it, in order to allow Process Service Srl to solve the problem, where appropriate also by modifying or deleting the User's Account, without prejudice to the possibility, in the latter case, to create a new one.
3.7 The User can modify his Account and / or his Data and the information referred to in the Medical Rescue Record whenever he deems it appropriate, as well as he can freely withdraw from the possibility of accessing the Services, by canceling the Account itself with all your data.
3.8 As a greater guarantee of the confidentiality of the authentication credentials to the Site, Process Service S.r.l. reserves the right to periodically modify the same, according to the times that will be promptly reported to the User and by sending the latter a communication or by publishing a notice containing a link or a temporary access method by accessing and / or using which it will be allowed to update and reset your login.
4. Services connected to the Customer Account
4.1 Customers may, in total autonomy, subscribe to all or only some of the Services that will be made accessible and usable through the App and / or the Site.
4.2 The object, methods and costs (where applicable) of using the Services will be those, from time to time, indicated in specific pages or masks of the App, the Site or through notices and communications. The Customer is always free to join the proposed service or not. Any service, additional to or different from the Services governed by these General Conditions, may be provided, subject to a feasibility examination, at the specific request of the Customer under conditions, terms and fees to be agreed separately.
4.3 Following the creation of the Account and following the instructions, from time to time, reported in the internal detail pages of the App and / or the Site, the Customer will be able to register and activate his Device and enter, by filling in the forms published therein, the Data and health information, thus creating your own Medical Record, writing them, then, within the Device itself.
4.4 The Customer will have the right, at any time, to write, modify, delete the Data and information contained in the Rescue Medical Record, simply by accessing their Account.
5. Responsibility
5.1 The functioning of the Services and the Device is subject to the correct use of the same by the Customer according to the instructions and methods indicated in the App and / or on the Site and / or in the Instructions for Use and / or printed on the back of the CARD ( if available).
5.2 The “DoctorPass” devices have a QR Code and a UNIQUE numerical code external and visible on the front of the device itself. This code is associated with the Customer, during the first registration on the Site, so that the Device becomes "exclusive" for him. The User is required to verify, before possible use, that the QR and personal unique code (present on the Device) correspond to the code associated with his / her account / name. This verification is possible by opening the App page entitled “your Qr code” on your Device, or by auto-reading your Qr code on the CARD. The Customer is solely responsible for systematically carrying out this verification, the use of a Device combined with another person (therefore with different health data) could cause SERIOUS COMPLICATIONS, in case of emergency or necessity.
5.3 Without prejudice to the possible application of mandatory provisions of law, Process Service S.r.l. will in no case be responsible, towards Users and / or third parties in general, for the behavior of the Users themselves, both online and in any other situation, nor for potential damages - direct, indirect, special or punitive, including damages for loss of earnings, personal injury - and / or losses deriving from the use of the Services and / or, in general, from the use of the Device, also as a result or as a consequence of the insertion, writing of the Device and / or reading by of third parties, unauthorized, of the Device and of the Data and information constituting the Medical Record and the other information and documents contained, nor, again, of the damages deriving from the loss of information or Data, or for any other damage suffered by the Users in connection with the use of the Device and the Services.
In this regard, the Customer accepts that Process Service S.r.l. is not able to exercise any control over the Data and information entered by the Customer himself or over the use made of the Device, nor, again, in relation to the changes or additions to the Medical Record made, possibly, by a Doctor and / or in relation to illegal, fraudulent and in any case unauthorized access to the Data and information written on the Device and therefore does not provide any guarantee for this purpose.
5.4 Process Service S.r.l. will use the best technologies and resources at its disposal based on the state of the art to provide the Services. The Services are provided "as is", with the exclusion of any guarantee as to their correct functioning and suitability or effectiveness for a particular purpose.
Process Service S.r.l. cannot be held responsible for technical problems or failures affecting telephone networks or lines, online computer systems, servers or providers, computer equipment, software, failure of e-mail programs caused by technical problems or traffic congestion on the Internet , due to technical problems connected to the servers on which the Site and the Services rely, or a combination of these factors.
Furthermore, Process Service Srl - although it undertakes, if within its competence, to intervene quickly to remedy any malfunction of the Services or disservice that should arise and / or that is reported to it by Users - cannot guarantee that any malfunctions of the Services, such as to make the Services themselves temporarily unavailable and such as to cause possible errors, omissions, interruptions, cancellations, defects, delays in operation or transmission, anomalies on the line.
The User is therefore required to systematically and constantly check the perfect functioning of the Device (through a test of the visualization of the data entered). In the event of an emergency, the User is solely responsible for the proper functioning of his Device.
5.5 The use of the Device and the Services is strictly personal and cannot be intended for commercial use. Except as specified in these General Conditions and for cases where this has been authorized in writing by Process Service Srl, it is forbidden to use the Device and / or Services to provide a service, or part of a service, in turn. an application or part of an application to a third party. In particular, the distribution, transmission or making available of the Device and / or the Services to third parties is not permitted.
5.6 Without prejudice to the possible application of mandatory provisions of law, the User undertakes to indemnify Process Service S.r.l. from any loss, damage, liability, negative consequence or expense deriving from or in any case connected to actions, claims, claims due to the fact that the latter has used the Device and / or the Services related to it in violation of any applicable legislation, the rights of third parties parts and / or the terms of these General Conditions.
5.7 Finally, it is understood that all the activities necessary or connected to the fruition and use of the Device and the Services are and will be carried out by the Users in complete autonomy, as well as under their sole responsibility, in the times and in the ways that they discretionally identify and identify.
6. Use of the Services
6.1 With the acceptance of these General Conditions, Process Service S.r.l. grants the User a limited, non-exclusive, non-transferable and non-sublicensable license to access the Services and make personal and non-commercial use of them.
6.2 This license does not include any right to resell or commercial use of the Device or Services, nor the right to make derivative use thereof and / or make any type of download or copy of account information for the benefit of another reseller or use data mining, robots or similar data acquisition and extraction devices.
6.3 All rights to the Device and Services remain with Process Service S.r.l.
7. Duration - termination
7.1 These General Conditions will be valid and effective from the moment of their acceptance by the User and will have an indefinite duration without prejudice to the provisions of article 8 below.
7.2 The User will have the right to withdraw from these General Conditions at any time by writing an email to: This email address is being protected from spambots. You need JavaScript enabled to view it..
7.3 Process Service S.r.l. will have the right to suspend or interrupt the Service governed by these General Conditions as indicated in the following article 10.
7.4 Process Service S.r.l. reserves the right to cancel the User's Account and / or to suspend or interrupt access and use of the Services in the event that it detects and ascertains that the same, the Services available on the App and on the Site or Device are used by the User fraudulently and / or not in accordance with or in violation of the provisions of these General Conditions and / or the Instructions for Use. It is understood that nothing will be due to the User, for any reason and for any reason, as a result of the cancellation of the Account and / or the suspension or interruption of the Service pursuant to the provisions of this article.
8. Changes / Interruptions of the Services
8.1 Process Service S.r.l. reserves the right to modify and / or integrate and / or update, in whole or in part, the Service governed by these General Conditions, as well as the General Conditions themselves or one or more clauses thereof, also depending on any changes in the legislation , national and / or community, and / or technical or technological variations of the Device and / or the Site.
8.2 Any changes or additions as indicated above will be communicated to the User in real time by publishing the updated version of these General Conditions on the Site and / or by sending a copy of the updated General Conditions by email to the User. The updated version of the Conditions will be deemed to be known by the User from the moment of its publication on the Site, as indicated above, or, where required, from the relative transmission to the User's email address and from that moment it must be considered applicable. to the Services.
8.3 On the occasion of the aforementioned changes to the General Conditions, the User may be required, where necessary, to accept the modified / updated version of the General Conditions themselves, it being understood that, in the event that the User does not intend to accept them, he / she may exercise the right of withdrawal referred to in the previous article 7.2.
8.4 Process Service S.r.l. may, at any time, temporarily or permanently interrupt the Service, in whole or in part. Within the limits of what is reasonably possible, each User will be informed about any interruption, definitive or temporary, of the Service. In no case Process Service S.r.l. may be held liable towards the User or third parties for changes, suspensions or interruptions of the Services.
8.5 It is understood that the cancellation of the Account, at the request of the Customer or in the face of fraudulent use of the Services or the Device, as indicated in Article 7.4 above, will also result in the complete cancellation of all Data and information, including sensitive or health nature, provided by the Customer when registering on the App and / or on the Site.
9 Protection of personal data
9.1 Pursuant to Article 13 of Legislative Decree no. 196/2003, Code regarding the protection of personal data, and in addition to the provisions of the Privacy made available and accepted by the User on the occasion of the acquisition of the Device and / or the creation of the Account on the App and / or Site - to which reference is made in full - we inform you that the User's personal data will be processed by Process Service Srl, as data controller, also for the activities necessary or in any case connected to the correct and timely management and execution of the services governed by these Conditions General.
10. Intellectual Property Rights
10.1 All trademarks (registered or not), as well as any and all intellectual work, distinctive sign or denomination, image, photograph, written or graphic text and more generally any other intangible asset protected by the relevant laws and international conventions of intellectual property and industrial property reproduced on the App and / or on the Site remain the exclusive property of Process Service Srl and / or its assignors, without the User having any rights over them from accessing the App and the Site and / or the provision of the Service. Any use, even partial, of the same is prohibited without the prior written authorization of Process Service S.r.l., in favor of which all related rights are exclusively reserved.
10.2 The property, the rights of use and commercial exploitation and, in any case, all rights, including copyrights, inherent in the Service and / or the Device are and will remain the exclusive property of Process Service S.r.l. The Service and the Device are protected by applicable copyright laws and any other applicable legislation.
11. Limitations on the use of the App and the Site
11.1 All contents present or made available through the App and the Site and / or the Service in the form of texts, graphics, logos, icon buttons, images, audio files, digital downloads, data and software collections and trademarks are the property of Process Service Srl and are protected by applicable laws, including laws relating to intellectual and industrial property law.
11.2 It is not allowed to extract and / or reuse parts of the App and the Site and / or the Service without the express written consent of Process Service S.r.l. . In particular, without the written consent of Process Service S.r.l. , it is not allowed to use data mining, robots or similar acquisition or extraction devices to extract (one or more times) to reuse any substantial part of the Service, nor to create and / or publish a database that reproduces substantial parts of the App, the Site and / or of the Service, nor modify, copy, distribute, frame, reproduce, republish, download, display, send, transmit or sell in any form and by any means the Site and / or the Service, in whole or in part, without have first obtained the written authorization of Process Service Srl
11.3 It is not allowed to violate or attempt to violate the security of the Service and / or the App, the Site, including, without limitation, the following:
(a) access to data not intended for the User, including connection to a server or account for which the User does not have access permissions;
(b) attempting to probe, scan or test the vulnerability of a system or network to breach its security or authentication measures without proper authorization;
(c) use of "deep-link", "page-scrape", "robot", "spider" or other device, program, algorithm, method or other similar or equivalent manual process to access, acquire, copy or monitor any section of the Service or content of the App and the Site or to reproduce or otherwise circumvent the structure or presentation of the links of the Service or the content of the App and the Site, in order to obtain or attempt to obtain materials, documents or information through tools not specifically made available on the Site and / or in any case through the Service;
(d) implementation of operations that subject the infrastructure of the Service and / or the App and the Site, the systems, the networks of Process Service S.r.l. , or the systems or networks connected to the App, the Site, the Service, Process Service S.r.l. , at an unreasonable or disproportionately high load;
(e) performing a reverse search, tracking or other search in order to (i) identify information about the Users of the Service or any other client of Process Service Srl, or its origin, or (ii) exploit the Service or any functionality, content or information available or offered through the App and the Site, with systems whose purpose is to reveal information, such as personal identification or information other than personal data, as provided by the Service;
(f) attempt to interfere with, interrupt or disable the Service provided to Users, hosts or networks through, but not limited to, tools such as "denial of service" attacks, overloading, "flooding", "mailbombing" or "crashing";
(g) forging TCP / IP packet headers or any other part of the header information in messages sent by e-mail or newsgroup;
(h) damage network nodes or network services or limit, disable, interrupt or otherwise prevent the ability of Process Service S.r.l. to monitor or make the Service available;
(i) take any action in order to obtain services to which the user is not entitled.
12. Loss or theft of the Device
12.1 The Customer is solely and exclusively responsible for the custody and maintenance of the Device as well as for any damage resulting from its use by the Customer.
12.2 In case of loss or theft of the Device, the User must give prompt written information, also by email (to the addresses indicated in the pages of the App and / or the Site), to Process Service Srl, providing the number of the unique code of series of the Device itself, in such a way as to allow the latter to lock the Device.
The blocking of the Device (being written) will be promptly communicated to the User. After the blocking request and in any case within the maximum term of 3 months from the date of activation of the block and in any case where of interest, it will be possible, in case of discovery, to unblock the Device by sending a communication to Process Service S.r.l.
13. Final provisions
13.1 Any use, of any duration and nature, of the App, the Site and / or the Services, will be considered as explicit acceptance of these General Conditions and of the Privacy. In no case may any non-fulfillment and / or User behavior differing from these General Conditions be considered as exceptions to the same or tacit acceptance of the non-fulfillment, even if not contested by Process Service S.r.l. Any inertia of Process Service S.r.l. in exercising or asserting any right or clause of these General Conditions, it does not constitute a waiver of such rights or clauses.
13.2 These General Conditions will continue to produce effects for the Users, even after the cancellation of the Account or the termination, for any other reason, of the supply or use of the Services, for all those clauses from which obligations arise which are destined to survive the validity. of the same.
15.3 These General Conditions - as, from time to time, possibly amended and / or supplemented - constitute the sole and integral agreement in relation to the subject matter.
13.4 Failure by Process Service S.r.l. of a right provided for by law or by these General Conditions, does not in any case constitute a waiver of the right itself.
13.5 The total or partial nullity, invalidity or inapplicability of one or more provisions or clauses of these General Conditions will not affect the full validity and applicability of the remaining provisions and clauses.
13.6 These General Conditions are governed exclusively by Italian law and must be interpreted and applied in accordance with this law.
13.7 Any disputes relating or in any case connected to the content of these General Conditions and the execution of the Services, including any matter relating to the relative existence, validity, effectiveness, interpretation and / or execution, resolution or termination, will be devolved exclusively to the judicial authority Italian and to the exclusive jurisdiction of the Court of Asti, without prejudice to the possible application of mandatory provisions of law.
Having read the General Conditions, you declare to be aware of the content and to expressly accept the provisions referred to in articles: 3.1 (Age of majority and ability to act); 3.2 (Conditions and documents for access to the Services), 3.5 (Responsibility in managing credentials); 4.4 (Performance of the Services); 5 (Limitation of Liability); 5.3 - 5.4 (Account cancellation and suspension of the Services); 8 (Changes and interruption of the service) and 13.7 (Jurisdiction).