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Terms and Conditions of Service Use and Privacy Policy

 

            The Get Health by Healthy Together Application (“which will henceforth be referred to as “Application”) is made between Phyathai 2 Hospital Co., Ltd. (“Company”) of one party and the Application User (“User”) of another party, which shall include the users who are subscribed to the Application. The providing of services and information in this Application is under these terms and conditions. In any event, when the User has used the service of this Application, it is considered that the User has read and understood the terms and conditions of the Company’s Application well. The use of service is considered to be the declaration of intention and the acceptance of terms and conditions of the Company’s Application in all respects. The objective of the conditions of service use is to inform the legal rights and duties that should be followed.

 

  1. Definition

  2. .1 “Service Provider” means Phyathai 2 Co., Ltd. as the juristic person who provides the Get Health by Healthy Together Application by which the said service providing is under these Terms and Conditions (“Terms and Conditions”). The Get Health by Healthy Together Application covers the Phyathai-Paolo Hospital Group, consisting of Prasit Patana Plc., Phyathai 1 Hospital, Phyathai 2 Hospital, Phyathai 3 Hospital, Phyathai Sriracha Hospital, Phyathai Nawamin Hospital, Paolo Hospital Phaholyothin, Paolo Hospital Chokchai 4, Paolo Hospital Samutprakarn, Paolo Hospital Rangsit, Paolo Hospital Kaset, and Paolo Hospital Phrapradaeng, including personnel concerning any operations, such as collection, record, organization, structure, maintenance, revision, change, retrieval, use, disclosure, forwarding, publicity, transfer, combination, deletion, or destruction of personal data according to the personal data protection law that is currently enforced or that will be amended occasionally.

  3. .2 “User” means a person who is registered as the User of Get Health by Healthy Together Application in one own’s name under these Terms and Conditions.

  4. .3 “Conditions of Service” means agreement, term, term of contract, or other similar names to inform the legal rights and duties.

  5. .4 “Information” means any information that the User or its attorney-in-fact has given to the Application.

  6. .5 “Identification Code” means Login Name or Username, Password, and PIN-One Time Password, including other codes or other identification methods concerning the use of this service whether they are called by any names or whether they are the code that Phyathai-Paolo Group has assigned or the code that the User has set by oneself.

  7. .6 “Personal Data” means the information concerning individual things of the User, such as name, last name, gender, personal identification number, passport number, HN, telephone number, e-mail, personal information, and other information with the name of individual, number, code, or any other things that can identify that person or photo in the database system of the User and/or those that the Service Provider has collected from the User, individual, or any other agencies for the management benefit of the Service Provide, which receives the protection under the law regarding any actions done on the computer network and the law regarding the protection of any personal data.

  8. .7 “Device” means any devices used to access Get Health by Healthy Together Application, such as mobile phone, tablet, computer, or any other types of device and communication device that the Service Provider has specified for using the Get Health by Healthy Together.

 

  1. Subscriptions

For the User to gain full access to the Get Health by Healthy Together Application, the User can subscribe according to the method as specified in the Application. In any event, the Application reserves the right to deny the subscription of some users and has the right to cancel the membership or suspend the use of service of all users at all times. For example: In case of violating the terms and conditions of Application use or incase the User has traded, exchanged, or transferred the membership account to another person.

 

  1. Use of Application

The User agrees and accepts to use this Application according to the legal objective under these specified terms and conditions only. In any event, the User shall not perform one or the other actions as follows:

  1. Harass or insult the nation, religion, and monarchy

  2. Submit/write a message that is rude, obscene, and indecent or a message that defamed, instigated, threaten, slandered, or blackmailed other user members or the third person.

  3. Carry out or allow the third person to modify, translate, or reverse the production process of the Application part or Application frame or copy any service parts from the Application as well as violating the copy right, trademark, or other intellectual property of the Service Provider or other users.

  4. Duplicate, republish, modify, download, upload, post, publicize, or reveal to the publish of the illegal or immoral work with no written permission from the Service Provider in advance or violate the right of intellectual property of the Service Provider or other persons, which shall include but not limited to the copyright, patent, trademark, trade secret, or other intellectual property by any methods.

  5. Download, upload, post, or perform any actions to seek for illegal benefits from any contents or statements or works from this Application with no written consent in advance from the Service Provider and/or publish the tread or reveal the statement that causes damage to the Service Provider, internet user member, and/or the third party, including using of computer software or interrupting, interfering, or disturbing the work or the service providing of the Service Provider or computer and/or computer system of the third party.

  6. Any actions that contradict to the announcement or the policy of the Service as specified in these terms and conditions and/or the revision of terms and conditions that the Service Provider has announced or specified later. If the Service Provider acknowledges that the User has performed one or other actions that contradict to these terms and conditions, the Service Provider has the right to suspend the service providing to the Service without prior notice and/or might take legal actions on the User as the Service Provider sees appropriate immediately.

 

4.    Right of Service Provider

  1. Right to the business that import the data in the system: The User accepts that the sole Service Provider might check, change, and delete any business names (including business name, address, telephone, facsimile, distance, score, and photo) or any data on the Application. The decision of the Service Provider regarding the data on the Application is considered as final.

  2. Right to keep and use the personal data of the User: The Service Provider shall ask for the information of the User when the User creates the account on the Application, such as name-last name, e-mail, date of birth, gender, or mobile phone number). The Service Provider might use the information of the User, such as Facebook account, to make the registration with the Application become easier.  The User can use the name of the User to create the account name and use the application venue of the User to allow the Application to know the province that the User is residing. This shall include the use of e-mail or telephone number of the User to contact the User. In this regard, the Use agrees to give consent to the Service Provider to collect and process the personal data of the User in the use of the said Application.

  3. Right to disclose the information in case of necessity: The Service Provider reserves the right to check the violation of law or morality on the Application and the violation of requirements and conditions of service of the Service Provider. The Service Provider might disclose the information of the User to the third person if the Service Provider honestly believes that the said disclosure of information is to proceed with the actions on the suspicion of illegal activities, the enforcement of conditions of service of the Service Provider, and the compliance according to the legal procedure to prevent the rights, reputations, and assets of the Service Provider and other user members, including other cases that the Service Provider sees appropriate.

  4. Right to delete, change, and modify the subscription: The Service Provider reserves the right to delete the user member whether by any methods as the Service Provider sees appropriate.

  5. Limitation of liability of the Service Provider: The Service Provider denies the liability in the damages that occur from the importation, creativity, publicity, or any other actions of all users by which the User disclaims the right to request the Service Provider to be liable for the said damages.

  6. The Service Provider does not guarantee the accurateness of any information whether that information belong to the Service Provider or come from other sources, including the information that is created and shared by the user member of the Application.

 

The said limitation of liability of the Service Provider shall include the mistakes from service providing, data transmission, or any actions of the Service Provider, Service Provider’s business alliances, co-service provider, or other internet users by deleting or suspending the publicity of statements according to the Computer-Related Crime Act, B.E. 2550 (2007) in case the User finds that the Service Provider has publicized the illegal information according to Article 14 of the Computer-Related Crime Act, B.E. 2550 (2007). The User might notify the Service Provider to suspend or delete the widespread of illegal information via the specified channel. Upon receiving the complaint, the Service Provider shall take the following actions:

 

Delete, destroy, or change the information to not widespread further quickly; Make the copy of complaint as well as the details of complain of the complainant and submit to the User under the supervision of the Service Provider: Suspend the widespread of the said information as quickly as possible according to the suitability and the conditions of service providing in each type, but not exceeding 7 working days as from the date of receiving the said complaint or other suitable durations to remedy the damages and suspend the offenses as quickly as possible. Hence, when the Service Provider has proceeded with the abovementioned actions, the Use agrees to disclaim all legal defenses to the Service Provider and the Service Provider shall be released from all liabilities according to the law. ]

 

  1. Compensation: The User agrees and accepts that the User shall cooperate with the Service Provider in taking actions to correct and stop the problems that occur from the breach of contract, violation, or other legal problems with the Service Provider fully as well as agreeing and protecting the Service Provider, directors, Service Provider’s users, or Service Provider’s employees or Service Provider’s affiliated companies from being sued or claimed for damages from the third party.

 

 

                  For the damages that occur to the Application, Service Provider, Service Provider’s directors, Service Provider’s users, Service Provider’s employees, or Service Provider’s affiliated companies due to the User, the Service Provider has the right to claim for damages from the User according to the actual expenses that the Service Provider has spent whether for correction, reparation, rebuild, compensation, or any other actions to compensate for the said damages of the Service Provider. The User must make a full compensation for damages within the period that the Service Provider has specified. If the User has defaulted the compensation for damages within the specified period of time, the Service Provider has the right to calculate the default interest from the principle according to the rate as the law has specified. However, even though the said damages have occurred from the action of the third party, the said damages could not occur without cooperation, help, support, or negligence of the User. The User shall be liable for the damages that occur from the action of the said third party, including associated companies or those who violate the Service Provider like the joint debtors.

 

                  5.    Privacy Policy

                           For the subscription agreement, including the contents and all service providing of the Application, the User accepts to read and understand the conditions of service use and the privacy policy thoroughly. The User accepts the conditions of service use in all respects and the privacy policy. The Service Provider has the policy to protect your personal data as follows:

 

                  The personal data collected in the use of Get Health by Healthy Together Application might be disclosed to the following persons or agencies:

  1. Cloud Service Provider that uses the service from the third party whether locating in Thailand or foreign countries, information system administrator, and relevant application and information system developer as the personal data processor, including the Call Center as the Service Provider’s customer service officer can only gain access to the general information for direct using in the Get Health by Healthy Together Application only with no other health information under the supervision and the conditions of personal data protection that the Service Provider as the personal data controller has specified with no collection, use, or disclosure of personal data of the User for the business benefits of the personal data processor with no apparent consent from the User as the owner of personal data.

  2. Court, inquiry official, Department of Special Investigation, and agencies with duties and authorities according the law to check, retrieve the data, gain access to the data, or order the Service Provider to disclose the information.

 

            The User has the following rights according to the Personal Data Protection Act, B.E. 2562 (2019):

  1. The right to gain access and receive the copy of personal data concerning oneself that is in the responsibility of the Service Provider or request to disclose the acquisition of personal data without consent according to Article 30.

  2. The right to receive the personal data concerning oneself from the Service Provider in case the Service Provider has made the said personal data in the form that can be read or used in general with the devices that can automatically work, use, or disclose the personal and the right to receive the personal data that the Service Provider has submitted or transfer the personal data in the said form to the personal data controller directly, unless it could not be done due to the technical conditions according to Article 31.

  3. The right to oppose the collection, use, or disclosure of personal data concerning oneself at any time according to Article 32.

  4. The right to request for the Service Provider to delete or destroy or make the personal data to be the data that cannot identify the owner of personal data according to Article 33.

  5. The right to request the personal data controller to suspend the use of personal data according to Article 34.

  6. The right to request the Service Provider to provide the accurate, up-to-date, and complete personal data and to not cause the misunderstanding according to Article 35.

  7. The right to complain in case the Service Provider, including personnel/employee or the Service Provider’s contractor, violates or does not comply with the Personal Data Protection Act, B.E. 2562 (2019).

 

6.    Personal Data Retention Period

Normally, the maximum personal data retention period is 10 years, unless the law has specified to keep the data for longer than a specified period. Your personal data will be kept as long as the as the objective of use of the said data is still remained.

 

7.    User Information

  1. The Service Provider might collect the User information, such as e-mail, telephone number, profile picture, age, weight, height, or gender as well as the content of information that the User has input or publicized by oneself. This information allows the Service Provider to analyze in order to improve the service providing in other forms of use. At the same time, the Use of Get Health by Healthy Together Application can add the personal data for the Service Provider to process and present the information that is more suitable with the target of the Customer, such as counting the walking steps or amount of calories burned in each day. This processing is the prerequisites for the Service Provider to present the service to the User.

  2. In case the User has changed the personal data of the User, the User must notify the Service Provider for the Service Provider to revise the data to be accurate, up-to-date, and complete the most. However, if the User does not notify the change of the said personal data to the Service Provider, it shall be considered that the personal data of the User that the Service Provider has supervised is accurate, up-to-date, and complete by which the User disclaims the right to argue or take legal actions against the Service Provider on the incompleteness of the said personal data.

  3. If the User connects the service with the application of the third person (such as Google Fit, Apple HealthKit, Huawei Health, or Facebook), Get Health by Healthy Together shall collect and use the personal data of the User from the third person’s application, which shall include but not limited to the name of User, profile picture, e-mail, age, gender, and personal data that the User has allowed to gain access to the connection with Get Health by Healthy Together Application, such as walking steps, movement, weight, or height. These personal data shall be processed for the development of use and the presentation of information on service providing to the User.

  4. The User acknowledges and agrees to allow the Service Provider to contact the User or disclose the personal data of the User via telephone, SMS, e-mail, or other methods that the Service Provider has specified and those that the User has previously given to the Service Provider or in the use of Get Health by Healthy Together Application for benefits of use or to solve the problem concerning the service of Get Health by Healthy Together Application as well as approving for the Service Provider to show the notification, communicate, or publicize the news about Get Health by Healthy Together Application or services or other news of the Service Provider within the Application by sending the notification or alert or message in the same way via the device.

 5. Transfer of information received from Google APIs:

 

          8.    Information that the Service Provider Automatically Collects

                           The Service Provider might collect the information regarding the use of service of the User automatically. For example: Usage, active hours, Device ID or Unique Identifier, language information, or name of device and operating system model. 

 

            9.    Responsibilities of the User of Get Health by Healthy Together Application

                 9.1    The User shall not upload or send the data with viruses, Trojan, or instruction set that intends to disturb, interfere, obstruct, or destroy the computer system into the computer network system of the medical facilities of the Service Provider.

                  9.2  The User shall not

  1. Copy, classify the components for reverse engineering, or perform any other actions that cause changes whether as a whole or some parts of Get Health by Healthy Together Application

  2. Interfere or obstruct the function of software, systems, devices, tools, or any networks in the service use or violate the rules, regulations, requirements, or service policies

  3. Avoid the credibility and safety checking process of the services, networks, or other systems that are relevant

  4. Gain access and/or use the service by other methods apart from as specified in these terms and conditions

  5. Use the Get Health by Healthy Together Application service illegally

  6. Consent for other unauthorized persons to use the name, password, and any procedures for the said person to gain access and use the service

                 9.3    The User agrees to protect the medical facilities of the User from any accusations or claims of any persons that occur from or regard the breach of law or these Terms and Conditions of the User or the use of Get Health by Healthy Together Application in a way that might cause damages to other persons. The User agrees to compensate for any damages and expenses for the medical facilities of the User due to the said matter whether directly or indirectly (which shall include but not limited to the lawyer fee and cost of litigation).

 

            10.  Change, Limitation, Suspension, or Cancellation of Access or Providing of Get Health by Healthy Together Application

                           10.1  The Service Provider of Get Health by Healthy Together Application provides the service AS IS and AS AVAILABLE. The Service Provider reserves the right to improve and update the Application periodically at any time without prior notice to enhance the operational efficiency or increase the experiences in using the better Application that might change, limit, suspend or cancel some functions or services.

                  10.2  The Service Provider has the right to suspend or cancel the access to Get Health by Healthy Together Application (including the personal data account of the medical service recipient) immediately whether as a whole or some parts if the Service Provider has doubted or seen that the service use is contradicted to these terms and conditions or is contradicted to the law or public order or good moral of the people or is abnormal or has the circumstances that lead to the belief that the service use might cause damages to any persons.

                 10.3  The Service Provider might revise these terms and conditions at any time without prior notice by which the Service Provider shall notify the User about the said revision via the Application or any other methods that the Service Provider sees appropriate. The continuance in the use of Get Health by Healthy Together Application means that the User acknowledges and agrees to bind according to the said revision. The User has the duty to monitor the said revision and shall not claim of not acknowledging the revision of these Terms and Conditions that lead to the violation of these Terms and Conditions.

                  10.4  The User can request the desire to delete the account of the User of Get Health by Healthy Together Application by calling the Call Center 1772.

 

            11.  Liability and Exclusion of Liability

                  The Service Provider shall be responsible for the damages that occur with intention or serious negligence, which are the damages that only occur as normal. The Service Provider shall not be liable for the damages that occur from force majeure or special circumstance. Hence, the User agrees in any cases that the Service Provider shall not be responsible for the damages that occur from the following reasons:

                  11.1  Use of Identification Code of the User of Get Health by Healthy Together Application together with the secret code or personal secret code or the use of Mobile PIN or other methods as specified by the Service Provider whether it is the act of any person

                  11.2  Force majeure or incidents that the Service Provider cannot control, which shall include the malfunction of communication device or the signal transmitter or the disturbance from computer viruses or the illegal actions or in case the Service Provider has closed this service to improve or maintain the system that prevents the User from using the service of Get Health by Healthy Together Application

                  11.3  Delay, mistake, or defection of computer system or equipment of the User or the Service Provider of telecommunication network system unless the said delay, mistake, or defection is caused with intention or serious negligence of the Service Provider

                  11.4  Delay in the operational procedures of Get Health by Healthy Together Application

                  11.5  User’s non-compliance with these Terms and Conditions or other relevant terms and conditions

 

            12.  Intellectual Property

                  The User agrees and accepts that the Service Provider owns or has the sole ownership in the intellectual property on the Get Health by Healthy Together Application. All works or information on this Application whether they are in the form of copyright, patent, trademark, and intellectual property right or other rights are prohibited to be duplicated, transferred, revised, publicized, or in any other forms whether as a whole or some parts without receiving the written permission from the Service Provider strictly. The violator shall be prosecuted according to the law to the fullest extent.

 

            13.  Completeness of Terms and Conditions

                  In case it is shown that any term or any condition in this document is incomplete, void, or unenforceable whether by any respects, it shall be considered the said term or condition that is incomplete, void, or unenforceable does not affect the completeness or the enforcement of other terms and conditions in this document.

 

            14.  Applicable Law

                  These Terms and Conditions shall be enforced and interpreted according to the Thai law and the Thai court shall be the only competent court to consider the dispute that occurs regarding the use of service according to these Terms and Conditions.

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