§1 General provisions
- The owner of the portal www.oncoindex.org (hereinafter referred to as the ‘Portal’) is Alivia – Young People Oncology Foundation, with its registered office in Warsaw 02-796 at ul. Zaruby 9 lok. 131, entered in the register of associations, other social and professional organisations, foundations and independent public healthcare organisations, kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Business Section of the National Court Register under KRS No 0000358654 (hereinafter referred to as the ‘Portal Operator’).
- These Rules set out the terms and conditions of using the Portal and services offered through it.
- The rules are made available to the User free of charge via the website in a form that enables them to retrieve, reproduce and record the Rules through the ICT system used by the Portal user.
- By using the Portal, the User acknowledges having read, accepted and agreed to comply with these Rules.
- All copyrights regarding the Portal’s name, graphic design, software, databases and graphic elements of pages which have been made available to users by the Portal are subject to legal protection and are owned by the Portal Operator.
- This Portal is an informational website intended to publish Oncoindex values, information about the availability of oncology therapies in Poland and information on drugs used in this type of therapies. The Portal is intended to inform the public about the values and time fluctuations of the Oncoindex and Suboncoindices. The Portal also enables the user to search for a list of drugs used to treat particular oncology diseases. Portal users may also sign a petition about the availability of oncology therapies and have an access to information on the Oncoindex project.
- The Portal does not contain sponsored content or advertising content relating to drugs or encouraging the purchase of specific products in specific establishments. The Portal Operator does not sell or mediate any goods or services for Users via the Internet. Therefore, the content presented on the Portal is exclusively informational in nature and does not constitute advertising of medicinal products, as defined in the Pharmaceutical Law Act of 6 September 2001 (consolidated text JoL of 2017, item 2211 as amended).
- The Portal Operator does not provide healthcare services. Therefore, the use of the Portal does not involve the participation of a healthcare provider as defined in the Act of 15 April 2011 on medical activity (consolidated text JoL of 2018, item 160 as amended).
- As part of the Portal, the Portal Operator undertakes to provide the Service to the extent and on the terms set out in these Rules.
- The use of the Portal by a User who is a consumer is free of charge and voluntary. The User may at any time cease to use the Portal by exiting the Portal’s website in the web browser.
- The online service agreement is concluded between the Parties at the time the User effectively opens the Portal’s website in the web browser. The contract is concluded for an indefinite term.
- User's email address - electronic mail address solely used by the User.
- SPC – Summary of Product Characteristics.
- ESMO - European Society for Medical Oncology
- Newsletter - an electronic form of news bulletin which can be sent by email to Portal Users, containing an overview of latest developments, industry news, presentations of the latest products, projects and company presentations.
- Oncoindex - The Oncoindex is an aggregated index reflecting the level of access to oncology drugs recommended for treatment by European scientific associations. It helps to assess whether Polish patients can count on treatment consistent with current medical knowledge. Selected therapeutic areas are evaluated within the framework of the Oncoindex. The Oncoindex then is used to examine whether for a given type of cancer at least one new therapy recommended by the European Society for Medical Oncology (ESMO) has been registered over the last 15 years. Analytical work is conducted in collaboration with an experienced external entity, and detailed information about the methodology adopted for the Oncoindex calculation can be found on the Portal.
- Rules - these Rules.
- Suboncoindex – The Suboncoindex is an index reflecting the level of access to oncology drugs recommended in treatment by European scientific associations for a given indication. It helps to assess whether Polish patients with a given type of cancer can count on treatment consistent with current medical knowledge.
- Parties - Portal Operator and User.
- Service Provider(s) – healthcare providers as defined in the Act of 15 April 2011 on medical activity (consolidated text JoL of 2018, item 160 as amended). The activity conducted by these entities is the object of the analysis as part of the Oncoindex calculation (access to oncology therapies).
- Content(s) - contents and multimedia objects (e.g. information, data, graphic files, photographs or videos) including copyrighted works, as defined in the Act on Copyright and Related Rights of 4 February 1994 (consolidated text JoL of 2018, item 1191 as amended) and images of natural persons presented on the Portal.
- Agreement - online service agreement concluded by and between the Parties.
- Service - the service includes the Portal Operator making available the following, according to the terms set out in these Rules, via the Portal:
- Oncoindex values;
- Information about the availability of oncology therapies in Poland and information on drugs used in this type of therapies;
- Other information related to the Oncoindex project;
- The possibility to search for the list of drugs that are used in the treatment of particular oncology diseases. This information includes, without limitation, the following data: active substance name, information on whether the therapy is accepted as part of ESMO therapeutic standards, current availability status (NFZ reimbursement), additional information to include the wording of SPC and treatment programmes;
- The possibility for the User to sign a petition regarding the availability of oncology therapies;
- The possibility to receive a Newsletter or other correspondence via the User's e-mail address.
- Act on Providing Services by Electronic Means - Act of 18 July 2002 on Providing Services by Electronic Means (consolidated text JoL of 2017, item 1219 as amended).
- User - a natural person of full age with full capacity to enter into legal transactions, who meets the conditions of the Rules and has accessed the Services provided by the Portal Operator.
- GDPR - Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
§3 Technical requirements
§4 Portal Operator’s rights and obligations
- The Portal Operator shall not be liable in particular for:
- any damage to third parties arising out of the User's unlawful use of the Portal;
- medical activity conducted by Service Providers;
- accuracy and up-to-dateness of data contained on the Portal databases and for decisions or actions taken by the User based thereon, due to the fact that the data contained on the Portal databases come from or have been compiled based on external data;
- any damage as a consequence of any interferences or Portal unavailability occurring as a result of events beyond the Portal Operator’s control;
- the operation of third-party online Services connected to the Service for example by links;
- any decisions taken by Users based on information made available via the Portal;
- The Portal Operator reserves the right to send to the User's e-mail address technical and system information related to the Portal’s functioning which is not commercial information as defined in the Act on Providing Services by Electronic Means.
§5 User’s rights and obligations
- The User is obliged in particular to:
- use the Portal in compliance with the law, with these Rules and with the accepted principles of morality;
- supply true data when filling in forms contained on the Portal, especially in order for a User to sign a petition regarding the availability of oncology therapies;
- use the Portal in a manner that does not interfere with its functioning, especially by using specific software or hardware;
- not to take actions such as sending out unsolicited commercial information or posting it on the Portal; taking IT related or any other actions aimed at obtaining unauthorised access to data or the Portal’s functionalities;
- use the Portal in a manner that is not disruptive to other Users and to the Portal Operator, without infringing on their personal rights (including right to privacy) and other rights vested in them;
- use any Contents posted on the Portal only for personal use. Any other use of the Contents is permitted only on the basis of express consent granted by the Portal Operator;
- immediately notify the Portal Operator of any violation of rights as well as any case of infringement of these Rules.
- Accessing the Portal’s database in a manner other than specified in the Rules, especially by means of software other than a standard web browser, represents a gross violation of these Rules and may constitute a basis for criminal prosecution.
- The User is liable for any actions performed by him or her on the Portal.
- The Content made available on the Portal, is copyright-protected, and may not be used without the Portal Operator’s prior consent. It is prohibited to copy, share and make available any of the Portal content to third parties, whether for a fee or free of charge.
- The User has the right to lodge a complaint in the event of irregularities in the functioning of the Service.
- The User may lodge a complaint in electronic format to the address email@example.com. or by registered letter to the Portal Operator’s address.li>
- The complaint should contain the complainant’s name, address and telephone details, e-mail address and description of the issue underlying the complaint.
- The Portal Operator processes complaints within 14 days from the date of its receipt in the correct format. If the complaint cannot be processed within the given time limit, the Portal Operator shall notify the complainant within that time limit by e-mail of the causes for the delay and of the expected processing time of the complaint.
- The complaint is considered lodged as of the day it is received by the Portal Operator.
- Every time the user enters the website, the user's web browser, for technical reasons, automatically sends the following data to the Portal Operator:
- the IP address of the connecting computer
- access date and time
- name and URL of the file requested
- quantity of data sent
- access status (file not sent, file not found, etc.)
- ID data of the web browser and operating system used
- name of the user's Internet provider
- website through which the Portal was accessed
These data are used to enable the use of the Portal or performance of the Agreement and the legal basis for the processing is Article 6(1)(b) of the GDPR. In order to use the Portal, the transmission of this data is necessary.
These data may be used to ensure the security of the Portal and of the Portal Operator’s systems, and to improve and customise the Portal contents. The above purposes of processing represent the legitimate interests of the Portal Operator. The legal basis for data processing for these purposes is Article 6(1)(f) of the GDPR.
The data shall be processed only for the time necessary to achieve the above-mentioned purposes, and in accordance with the applicable laws and regulations.
If the User signs a petition available on the Portal, his or her first name, surname, and email address will also be processed. These data are used to identify the user who signs the petition and then to deliver the petition to its recipients, on the basis of the user’s consent (Article 6(1)(a) of the GDPR).
The User’s data will only be processed for that purpose until the petition is delivered to its recipients or until the User's consent to processing the data is revoked.
- If a User expresses consent to receiving a Newsletter, his or her full name and e-mail address will be processed for that purpose until the User opts out of the Newsletter or until this Service ceases to be provided by the Portal Operator. The basis for processing the User's data is expressed consent (Article 6(1)(a) of the GDPR).
- Upon the expiry of the above periods of data processing for the purposes indicated in par. 1–3, data will be processed to demonstrate that the Portal Operator processed the User’s data in accordance with the law (pursuant to Article 6(1)(f) of the GDPR). These data may be processed throughout a period following which any claims against the Portal Operator become time-barred.
- The personal data controller is Alivia – Young People Oncology Foundation, with its registered office in Warsaw 02-796 at ul. Zaruby 9 lok. 131.
- Where the User consents to the processing of personal data, the User may revoke this consent at any time by contacting the Portal Operator at firstname.lastname@example.org. The User may revoke the consent to receiving the Newsletter by contacting the Portal Operator in the above manner as well as by clicking the relevant link provided in each newsletter. Revoking the consent to data processing has no effect on the legality of any processing conducted pursuant to the consent before it was revoked.
- All data subjects, whose personal data are being processed, have the right of access, rectification, erasure and the right to limit its processing as well as the right to data portability. Every data subject also has the right to object to data processing. The data subject also has the right to lodge a complaint with a personal data protection authority.
- The Portal Operator may refuse to erase personal data in circumstances indicated in the relevant laws and regulations, especially if the storage of this data is necessary to demonstrate that data processing was conducted in compliance with the law, or if these data are necessary for the defence or enforcement of claims.
- The anticipated recipients of the data are entities to be entrusted by the Portal Operator with data processing including, without limitation, providers of technical infrastructure used to operate the Portal, entities contracted to provide customer service to Users, employees of the Portal Operator or of those entities, to the extent necessary to achieve the purposes of data processing as defined in these Rules. The Portal Operator may disclose User information to competent public authorities or other authorised entities if compelled to do so by the relevant decision or ruling of such an authority or by the applicable laws and regulations in force. Other than in the above cases, a User's personal data will not be disclosed to any third party without the User's consent.
- The Portal Operator declares that it will make every effort to ensure a high level of security in the use of the Portal for its Users. Any events that may affect the security of the transmission of information, including those involving suspected sharing of files containing viruses and other files of a similar nature or content of similar nature other than files, should be reported to the Portal Operator to email@example.com.
- At the same time, the Portal Operator declares that the advanced technologies used to protect the Portal to secure access to data and Content are aimed at ensuring the highest level of security. In order to facilitate the use of the Portal or the provision of Services, the Portal Operator may use companies operating outside the European Union, in countries which do not ensure the same personal data protection level as EU member states. In such situations, personal data may only be transferred to non-EU member states on the basis of relevant mechanisms to secure these data, such as concluding with the recipient Commission’s standard contractual clauses issued as part of the Commission Decision of 27 December 2004 or Commission Decision of 5 February 2010 as amended. Everyone can receive a copy of these mechanisms by contacting the Portal Operator at firstname.lastname@example.org.
- Session cookies – these cookies are required to enable the performance of the basic functions of the Service;
- The user may manage cookie preferences and, for example, block cookies, using the browser settings.
§10 Withdrawal/Termination of the agreement
- By commencing use of the Portal, the user acknowledges and accepts that, pursuant to Article 38(13) of the Consumer Rights Act of 30 May 2014 (consolidated text JoL of 2017, item 683 as amended), he or she is not eligible to withdraw from the agreement because the provision of Services starts immediately upon the conclusion of the Agreement, that is before the lapse of the 14-day time limit for withdrawal from the agreement specified in the Consumer Rights Act.
- The Portal Operator may terminate the provision of the Services or Portal operation at any time without giving any reasons.
- The User may terminate the agreement without stating any reasons and with immediate effect by contacting the Portal Operator at email@example.com.
§11 Final provisions.
- The current Rules are published on the Portal and made available in electronic format to the User free of charge as well as at his or her request by sending an e-mail to firstname.lastname@example.org a format enabling the User to retrieve, reproduce and record the wording of the Rules.
- The Portal Operator reserves the right to amend these Rules at any time.
- In matters not specifically provided for in these Rules, the provisions of the Civil Code, the provisions of the Act of 18 July 2002 on Providing Services by Electronic Means (JoL of 2002, No. 144, item 1204 as amended) and of the Act on Copyright and Related Rights of 4 February 1994 (consolidated text of 17 May 2006 – JoL No. 90, item 631) shall apply.
- Any disputes shall be settled by courts with jurisdiction for the Portal Operator’s registered office as provided in the Code of Civil Procedure.
- In the event that any of these Rules are duly declared invalid or unenforceable, the remainder of the Rules will remain fully valid and enforceable. An invalid rule shall be replaced by one that comes closest to expressing the intention of the invalid rule and that of these Rules as a whole.
- The Rules shall become effective on the day of their publication on the Portal.