Patient Portal Terms of Use & Privacy Policy
- Craig Obee
The patients will see this the first time they access the patient portal page as well as the link to the privacy policy.
Terms of Use - May 2021 to Present
PATIENT PORTAL TERMS OF USE
PLEASE NOTE THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS PORTAL
This online portal (the “Portal”) provides a means of collecting important information requested by your dental care provider, which includes both dental practices and referral centres where applicable (“Dental Care Provider”), from you and passes that information to your Dental Care Provider. The Portal also interacts with the software used by your Dental Care Provider and extracts certain limited information from your dental records to assist you with the completion of subsequent forms on the Portal. The Portal is a platform supplied to your Dental Care Provider who has contracted with Software of Excellence UK Ltd (“Portal Provider”) to provide the Portal as a processor on behalf of your Dental Care Provider. Your Dental Care Provider remains the data controller. These terms tell you the conditions for the use of the Portal.
By using the Portal you accept these terms. By using the Portal, you confirm that you accept these terms of use. If you do not agree to these terms, you must not use the Portal.
Dental Care Provider Privacy Policy. Please refer to your Dental Care Provider’s (Data Controller’s) Privacy Policy for details as to your rights to request access to, rectification, erasure or restriction of processing and how to contact them regarding your legal rights. In addition to these terms of use, your Dental Care Provider’s privacy policy also apply to your use of the Portal. In all cases, your first point of contact is with your Dental Care Provider. Portal Provider’s sole use and access to the data is for processing on behalf of your Dental Care Provider for the Dental Care Provider’s legitimate interests in providing dental care to you in accordance with Portal Provider’s contract with your Dental Care Provider.
Adding Your Information to the Portal. Whenever you make use of a feature that allows you to enter your information into the Portal, you must comply with the standards set out below. Any patient information provided must to your knowledge:
-Be current, true, accurate (where it states facts), supportable and complete.-Comply with the law applicable in England and Wales and in any country from which it is posted.
You acknowledge that any information you supply does comply with the above, and that you will be responsible for any information supplied.
You must keep your access credentials safe. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (such as a link in an email), you must treat such information as confidential. If you know or suspect that anyone other than you, or a designated confidant, has accessed the portal you must promptly notify your Dental Care Provider immediately.
Dental Care Provider websites. Where the Portal contains links to other websites and resources provided by your Dental Care Provider, your Dental Care Provider is solely responsible for any websites associated with the Portal.
Use of your personal information.
-When you enter your information to the Portal, you acknowledge the following uses of your information-To enable the transfer by Portal Provider of your information to your Dental Care Provider, in accordance with these terms of use and your Dental Care Provider’s Privacy Policy. -To enable Portal Provider to only:
--update your Dental Care Provider’s dental records with information that you provide; and extract content from your dental record to assist you with the completion of subsequent forms on the Portal.-The only actions undertaken by Portal Provider with your data is for the purpose of transferring information between you and your Dental Care Provider. -Information is processed on servers based in the European Economic Area (EEA).Please contact your Dental Care Provider for details of how they handle and protect your data once transferred to them.
How long do we retain your information?
Information is retained on the Portal for no longer than necessary to allow you to complete your forms, complete patient check-in and review any post-appointment information. Completed forms are held by your Dental Care Provider with your dental records.
Once any link sent to you to facilitate the actions above has expired, (normally no more than 30 days- but subject to Dental Care Provider use of the system) any information retained on the Portal will be deleted.
Prohibited uses of the Portal. You may use the Portal only for lawful purposes. You may not use the Portal:
-In any way that breaches any applicable local, national or international law or regulation.-In any way that is fraudulent.-To the harm or with the attempt to harm another person in any way.-To knowingly transmit any data, send or upload any harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.-To infringe any other person’s intellectual property rights.-To breach any legal duty owed to a third-party, such as a contractual duty or aduty of confidence.You also agree:
-Not to access without authority, interfere with, damage or disrupt any part of the Portal or any hardware or software in relation to it.-You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.-You will not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored, or any server, computer or database connected to the Portal. -You will not attack the Portal via a denial of service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.
Other terms relating to the Portal. Please note that these terms of use, their subject matter and their formation, are governed by English law. We may make changes to these terms and to the Portal from time to time.
How to relay questions or comments regarding the Portal? If you have any questions or comments regarding your use of the Portal, please contact your Dental Care Provider.
I agree with these terms.
Terms of Use - July 2020 to May 2021
SOFTWARE OF EXCELLENCE UK LIMITED
PATIENT PORTAL - TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PORTAL
What’s in these terms?
These terms tell you the rules for using the Portal (“the Portal”).
The Portal provides a means of collecting important information from you and securely passing that information to your dental care provider, which includes both dental practices and referral centres where applicable (“Dental Care Provider”).
Who we are and how to contact us
The Portal is provided by Software of Excellence UK Limited (“We“, “us”) for and on behalf of your Dental Care Provider.
We are registered in England and Wales under company number 02940919 and have our registered office and main trading address at Medcare South Bailey Drive, Gillingham Business Park, Gillingham, Kent, ME8 0PZ.
To contact us, please email support@soeuk.com or telephone our customer service line on 01634 266 800.
By using the Portal you accept these terms
By using the Portal, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use the Portal.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of the Portal:
Our Patient Portal Privacy Policy (Privacy Portal) which sets out the terms on which we process any personal data we collect from your Dental Care Provider, you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate.
Your Dental Care Provider’s privacy policy. Please contact your Dental Care Provider for details of how they handle and protect your data once transferred to them.
We may make changes to these terms and to the Portal
We amend these terms from time to time. Every time you wish to use the Portal, please check these terms to ensure you understand the terms that apply at that time.
We may also update and change the Portal from time to time and may change the content at any time. However, please note that any of the content on the Portal may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that the Portal or any content on it, will be free from errors or omissions unless otherwise stated.
We may suspend or withdraw the Portal
We do not guarantee that the Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Portal for business and operational reasons. You are also responsible for ensuring that all persons who access the Portal through your login credentials are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Prohibited uses of the Portal
You may use the Portal only for lawful purposes. You may not use the Portal:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is fraudulent.
To the harm or with the attempt to harm another person in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below.
To knowingly transmit any data, send or upload any harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To infringe any other person’s intellectual property rights.
To breach any legal duty owed to a third-party, such as a contractual duty or a duty of confidence.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the Portal in contravention of these terms.
Not to access without authority, interfere with, damage or disrupt any part of the Portal or any hardware or software in relation to it.
Geographical restrictions on use
The Portal is directed to people attending Dental Care Providers based in the United Kingdom or Eire. We do not represent that content is available on or through the Portal is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (such as a link in an email), you must treat such information as confidential.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you, or a designated confidant, knows your user identification code or password, you must promptly notify your Dental Care Provider immediately.
How you may use material on the Portal
We are the owner or the licensee of all intellectual property rights in the Portal, and all material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on the Portal must always be acknowledged.
If you print off, copy or download any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this Portal
The content on the Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Portal.
Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Portal is accurate, complete or up to date.
We are not responsible for any websites we link to
Where the Portal contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
Uploading patient content to the Portal
Whenever you make use of a feature that allows you to upload patient content to the Portal, you must comply with the content standards set out below.
Any uploaded patient content must:
Be current, true, accurate (where it states facts), supportable and complete.
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
Be relevant.
Not fall under a prohibited use of the Portal.
You warrant that any content you upload does comply with the above, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Portal will be considered non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and any third parties we work with a limited licence to use, store and copy that content in accordance with our Patient Portal Privacy Policy.
The rights you licence to us are described under the heading ‘Rights you are giving us to use patient content you upload’, see Rights you are giving us to use patient content you upload.
We have the right to remove any posting you make on the Portal if, in our opinion, your post does not comply with the content standards set out above.
Rights you are giving us to use patient content you upload
When you upload or post patient content to the Portal, you grant the following rights to use that content:
a licence to us to enable us to transfer your content to your Dental Care Provider, in accordance with these terms of use; and
a licence to your Dental Care Provider and, where appropriate, to other third parties we and your Dental Care Provider work with, to only:
update your Dental Care Provider’s dental records with your content that you provide; and
extract content from your dental record to assist you with the completion of subsequent forms on the Portal.
How to complain about content presented to you whilst using the Portal
If you wish to complain about content presented to you in the course of interacting with the Portal then please contact your Dental Care Provider.
Breach of these terms
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these content standards constitutes a material breach of these terms of use upon which you are permitted to use the Portal, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Portal.
Immediate, temporary or permanent removal of any content uploaded by you to the Portal.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Our responsibility for loss or damage suffered by you
Please note that we only provide the Portal for personal use. You agree not to use the Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
How we may use your personal information
We will only use your personal information as set out in our Patient Portal Privacy Policy (available [link to be inserted when finalised]). Please contact your Dental Care Provider for details of how they handle and protect your data once transferred to them.
We are not responsible for viruses and you must not introduce them
We do not guarantee that the Portal will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Portal. You should use your own virus protection software.
You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.
Which country’s laws apply to any disputes?
Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Original Terms Pre July 2020
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Terms of Use
SOFTWARE OF EXCELLENCE UK LIMITED
PATIENT EXPERIENCE PORTAL
TERMS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PORTAL
What's in these terms?
These terms tell you the rules for using the Portal (“the Portal”).
The Portal provides a means of collecting important information from you and securely passing that information to your dental practice.
Who we are and how to contact us
The Portal is provided by Software of Excellence UK Limited ("We", “us”) for and on behalf of dental practices.
We are registered in England and Wales under company number 02940919 and have our registered office and main trading address at Medcare South Bailey Drive, Gillingham Business Park, Gillingham, Kent, ME8 0PZ.
To contact us, please email support@soeuk.com or telephone our customer service line on 01634 266 800.
By using the Portal you accept these terms
By using the Portal, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use the Portal.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of the Portal:
Our Privacy Policy https://softwareofexcellence.co.uk/wp-content/uploads/2018/07/Software-of-Excellence-General-Privacy-Policy.pdf which sets out the terms on which we process any personal data we collect from your dental practice, you, or that you provide to us. By using the Portal, you consent to such processing and you warrant that all data provided by you is accurate.
Your dental practice’s privacy policy. Please contact your dental practice for details of how they handle and protect your data once transferred to them.
We may make changes to these terms and to the Portal
We amend these terms from time to time. Every time you wish to use the Portal, please check these terms to ensure you understand the terms that apply at that time.
We may also update and change the Portal from time to time and may change the content at any time. However, please note that any of the content on the Portal may be out of date at any given time and we are under no obligation to update it.
We do not guarantee that the Portal or any content on it, will be free from errors or omissions unless otherwise stated.
We may suspend or withdraw the Portal
The Portal is made available to patients free of charge.
We do not guarantee that the Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Portal for business and operational reasons. You are also responsible for ensuring that all persons who access the Portal through your login credentials are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Prohibited uses of the Portal
You may use the Portal only for lawful purposes. You may not use the Portal:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below, see Content Standards.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of the Portal in contravention of these terms.
Not to access without authority, interfere with, damage or disrupt:
any part of the Portal;
any equipment or network on which the Portal is stored;
any software used in the provision of the Portal; or
any equipment or network or software owned or used by any third party.
Geographical restrictions on use
The Portal is directed to people attending dental practices based in the United Kingdom or EIRE. We do not represent that content is available on or through the Portal is appropriate for use or available in other locations.
Use of Cookies
Cookies are created solely to support the application service. They are newly created at each user session and destroyed at the end of each user session – no sensitive information (PII or PHI) is retained
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (such as a link in an email), you must treat such information as confidential.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you, or a designated confidant, knows your user identification code or password, you must promptly notify your dental practice immediately.
How you may use material on the Portal
We are the owner or the licensee of all intellectual property rights in the Portal, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Our status (and that of any identified contributors) as the authors of content on the Portal must always be acknowledged.
You must not use any part of the content on the Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Do not rely on information on this Portal
The content on the Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Portal.
Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Portal is accurate, complete or up to date.
We are not responsible for any websites we link to
Where the Portal contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
Uploading patient content to the Portal
Whenever you make use of a feature that allows you to upload patient content to the Portal, you must comply with the content standards set out below.
Any patient content must:
Be current, true, accurate (where it states facts), supportable and complete.
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
Be relevant.
Content must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
Infringe any copyright, database right or trade mark of any other person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Be in contempt of court.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the content emanates from us if this is not the case.
Advocate, promote, or incite any third party to commit, or assist any unlawful or criminal act.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other websites.
You warrant that any such content does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to the Portal will be considered non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and any third parties we work with a limited licence to use, store and copy that content and to distribute and make it available to third parties in accordance with our Privacy Policy https://softwareofexcellence.co.uk/wp-content/uploads/2018/07/Software-of-Excellence-General-Privacy-Policy.pdf
The rights you licence to us are described under the heading ‘Rights you are giving us to use patient content you upload’, see Rights you are giving us to use patient content you upload.
We have the right to remove any posting you make on the Portal if, in our opinion, your post does not comply with the content standards set out above.
Rights you are giving us to use patient content you upload
When you upload or post patient content to the Portal, you grant the following rights to use that content:
a licence to us to enable us to carry out our obligations arising from the contract between us and you or your dental practice (as the case may be); and
a licence to your dental practice (where applicable) and to other third parties we and your dental practice work with to enable us or your dental practice to carry out our obligations arising from the contract between us and the dental practice or you and the dental practice (as the case may be).
How to complain about content presented to you whilst using the Portal
If you wish to complain about content presented to you in the course of interacting with the Portal then please contact your dental practice.
Breach of these terms
When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these content standards constitutes a material breach of these terms of use upon which you are permitted to use the Portal, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Portal.
Immediate, temporary or permanent removal of any content uploaded by you to the Portal.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Our responsibility for loss or damage suffered by you
Please note that we only provide the Portal for domestic and private use. You agree not to use the Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our general terms and conditions of supply of products and services SOE Terms and Conditions.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy. Please contact your dental practice for details of how they handle and protect your data once transferred to them.
We are not responsible for viruses and you must not introduce them
We do not guarantee that the Portal will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Portal. You should use your own virus protection software.
You must not misuse the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. You must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Portal will cease immediately.
Which country's laws apply to any disputes?
Please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
I agree with these terms.
Privacy Policy Link: https://softwareofexcellence.co.uk/wp-content/uploads/2018/07/Software-of-Excellence-General-Privacy-Policy.pdf
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