Terms and Conditions
1. Introduction
Welcome to Medixync. By accessing and using our service, you agree to be bound by these Terms and Conditions (“Terms”). These Terms govern your use of the Medixync electronic healthcare record system and all related services (the “Service”). These Terms are designed to protect both your practice and Medixync and are formulated in strict compliance with the laws of the Republic of the Philippines, particularly the Data Privacy Act of 2012 (Republic Act No. 10173).
2. Your Legal Obligation to Patient Privacy
2.1. Your Role as the Personal Information Controller
By using the Medixync, you, the healthcare provider, clinic, or hospital (“Client”), acknowledge and agree that you are the Personal Information Controller as defined by the Data Privacy Act of 2012. You are legally responsible for determining the purpose and means by which the personal and sensitive personal information of your patients (“Patients”) is processed. This includes the collection, use, retention, and sharing of their data.
2.2. Your Obligations under the Data Privacy Act
You are solely responsible for ensuring that your use of the Medixync complies with the Data Privacy Act and all other relevant laws and regulations. This includes, but is not limited to:
- Obtaining valid, informed consent from your Patients for the collection and processing of their health information.
- Providing clear and accessible privacy notices to your Patients.
- Ensuring that the data you process is accurate, relevant, and necessary for a legitimate purpose.
- Respecting and upholding the rights of your Patients as data subjects, including their rights to be informed, to access, to rectification, to object, and to erasure or blocking of their data.
3. Our Role in Upholding the Law for Patient Privacy
3.1. Our Role as the Personal Information Processor
Medixync acts as the Personal Information Processor on your behalf. We are entrusted by you to process your Patients’ data according to your instructions and in accordance with these Terms. We do not own your Patients’ data, nor do we determine the purposes for its processing. Our role is to provide a secure and legally compliant platform to store and manage this data.
3.2. Our Commitment to Data Security and Legal Compliance
Medixync is engineered with a steadfast commitment to data privacy and security. We implement robust technical, organizational, and physical measures to protect your Patients’ data, as mandated by the Data Privacy Act. These measures include:
- Encryption: All patient data is encrypted both at rest and in transit, ensuring its confidentiality and integrity.
- Access Control: We enforce strict, role-based access controls to ensure that only authorized personnel can access patient records, and only for legitimate purposes.
- Audit Trails: Our system maintains a comprehensive and immutable audit trail that logs all access, modifications, and deletions of patient data, providing a verifiable record for accountability.
- Secure Hosting: Patient data is stored on secure servers with redundant backups and disaster recovery protocols.
3.3. Facilitating Your Compliance
The Medixync includes features specifically designed to help you meet your legal obligations. These include:
- Tools to help you manage and document patient consent.
- A secure patient portal that allows your Patients to access their own records.
- Functionality to easily correct or update patient information, thereby upholding their right to rectification.
4. Data Ownership and Confidentiality
You, the Client, retain full ownership of all patient data that you input into the Medixync. Medixync will not access, use, or disclose this data except as required to provide the Service, as mandated by law, or as explicitly authorized by you. We are bound by a duty of confidentiality and will take all necessary steps to ensure the privacy of the data we process on your behalf.
5. Limitation of Liability
Medixync shall not be held liable for any data privacy violations or breaches that arise from your failure to comply with your obligations as the Personal Information Controller under the Data Privacy Act of 2012. You agree to indemnify and hold Medixync harmless from any claims, damages, or legal actions that result from your misuse of the Service or your failure to adhere to data privacy laws.
6. Termination
These Terms remain in effect as long as you use the Medixync. Upon termination of your account, Medixync will handle your patient data in accordance with your instructions and our data retention policy, ensuring a secure and legally compliant process for data return or deletion.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any legal action arising out of these Terms shall be filed in the competent courts of the Philippines.
By continuing to use the Medixync, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.