ORGANISATIONAL REGULATIONS OF THE HEALTHCARE ENTITY DR ROTH SPÓŁKA KOMANDYTOWA
hereinafter referred to as the “Regulations”
§ 1 GENERAL PROVISIONS
These Organisational Regulations are established for the healthcare entity DR ROTH spółka komandytowa, established by DR ROTH spółka komandytowa with its registered office in Warsaw at ul. Mikołaja Kopernika 15 lok. 21, 00-359 Warsaw, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0001224717, REGON: 525076590, NIP: 5252952636, entered in the Register of Entities Performing Medical Activity maintained by the Mazowieckie Voivode under register book number 000000263708, hereinafter referred to as the “Healthcare Entity”.
The Healthcare Entity performs medical activity in a healthcare establishment under the name: DR ROTH, hereinafter referred to as the “Healthcare Establishment”.
The Healthcare Entity operates on the basis of:
generally applicable provisions of law, including in particular:
the Act of 15 April 2011 on Medical Activity, consolidated text: Journal of Laws of 2018, item 2190, as amended, hereinafter referred to as the “Act on Medical Activity”;
the Act of 6 November 2008 on Patients’ Rights and the Patient Rights Ombudsman, consolidated text: Journal of Laws of 2009, item 417, as amended, hereinafter referred to as the “Patients’ Rights Act”;
entry in the relevant Register of Entities Performing Medical Activity;
these Regulations.
Use of healthcare services or non-medical services provided by the Healthcare Entity means that the person has become familiar with these Regulations and accepts them.
These Regulations also apply to third parties present on the premises of the Healthcare Establishment, in particular persons accompanying patients.
§ 2 OBJECTIVES AND TASKS OF THE HEALTHCARE ENTITY
The primary objective of the Healthcare Entity is to provide comprehensive and specialist healthcare services in the field of plastic surgery and dermatology, as well as health promotion and the promotion of health-oriented behaviour.
The objective of the Healthcare Entity is also to improve the appearance of patients and clients by applying medical and non-medical procedures and treatments, in particular in the field of aesthetic medicine and cosmetology, aimed at skin revitalisation, wrinkle reduction, improvement of body proportions and other activities intended to enhance natural beauty.
The tasks of the Healthcare Entity include in particular the provision of healthcare services in the field of specialist outpatient care, as well as:
performing obligations arising from the status of a healthcare provider;
systematically improving professional knowledge and skills;
observing professional ethics;
ensuring recognised treatment methods consistent with current medical knowledge;
using medical equipment subject to ongoing technical supervision and meeting all quality standards required by law;
providing medical services with particular regard to patient safety and needs, and observing patients’ rights;
other tasks assigned by the Head of the Healthcare Entity.
The objectives and tasks of the Healthcare Entity referred to in § 2 sections 1–3 are performed, among others, through:
performing diagnostic and laboratory tests carried out in order to determine the health condition;
analysing the individual needs of patients and clients and adapting therapy to specific cases;
monitoring the patient’s health condition;
providing medical advice and consultations;
monitoring the patient’s compliance with recommendations, whereby failure to follow recommendations may affect the effects of therapy;
monitoring progress and adjusting therapy in order to ensure optimal aesthetic and health-related results;
education on healthy lifestyle, prevention of ageing and ways of caring for the skin and appearance in order to maintain the effects achieved through aesthetic medicine.
Cosmetology and aesthetic services that do not fall within the scope of healthcare services do not constitute healthcare services within the meaning of the Act on Medical Activity and are provided on separate terms.
§ 3 TYPE OF MEDICAL ACTIVITY AND SCOPE OF HEALTHCARE SERVICES PROVIDED
The Healthcare Entity conducts medical activity in the form of outpatient healthcare services.
As part of its activity, the Healthcare Entity provides healthcare services in the following areas: specialist outpatient treatment, HC.1.3.3; other outpatient care, HC.1.3.9; and ultrasound diagnostic tests, HC.4.2.1.
The Healthcare Entity may also provide non-medical services, in particular in the field of cosmetology and skincare, which do not constitute healthcare services within the meaning of the Act on Medical Activity and are provided on separate terms.
The scope and type of healthcare services provided are determined individually each time, based on the patient’s current health condition, medical history and qualification for the service.
§ 4 ORGANISATION AND TASKS OF ORGANISATIONAL UNITS OF THE HEALTHCARE ENTITY AND CONDITIONS OF THEIR COOPERATION
The Healthcare Establishment includes the organisational unit DR ROTH located in Warsaw at ul. Mikołaja Kopernika 15 lok. 21, which comprises the following organisational units:
Aesthetic Medicine Clinic;
Plastic Surgery Clinic;
Ultrasound Laboratory;
Dermatology Clinic.
The tasks of the organisational units include providing comprehensive care to patients by performing healthcare services within the scope of specialist outpatient care, in particular by providing medical advice and consultations and by ordering and performing diagnostic tests.
All organisational units and persons employed therein cooperate with each other in order to ensure efficient and effective functioning of the Healthcare Entity in diagnostic, therapeutic, administrative and economic terms.
The organisational units of the Healthcare Entity cooperate with each other in order to ensure comprehensive patient care. Detailed rules of cooperation are determined by the Head of the Healthcare Entity.
All rooms of the Healthcare Establishment meet the requirements appropriate to the type of medical activity performed and the scope of healthcare services provided.
The Healthcare Entity ensures work organisation in a manner guaranteeing patient safety, protection of their privacy and respect for their personal dignity.
§ 5 METHOD OF MANAGING THE ORGANISATIONAL UNITS OF THE HEALTHCARE ESTABLISHMENT
The activity of the Healthcare Entity is managed by the management board of DR ROTH sp.k. with its registered office in Warsaw, being the head of the Healthcare Entity within the meaning of the provisions of the Act on Medical Activity, hereinafter referred to as the “Head”.
The Head represents the Healthcare Entity externally and makes decisions concerning its functioning.
The Head performs all rights and obligations imposed on the Healthcare Entity by generally applicable provisions of law.
The Head may appoint heads of individual organisational units and the Director of the Healthcare Establishment.
The Head makes decisions related to the ongoing activity of the Healthcare Entity, in particular concerning:
management of the personnel of the Healthcare Entity, including defining the duties, competences and authorisations of individual persons;
approval of procedures, instructions and other internal normative acts, excluding the Regulations;
management of the work of the subordinate part or the entirety of the Healthcare Establishment;
allocation of tasks, including permanent tasks, and resources for their performance, taking into account their importance, priority, professional qualifications and current workload of the direct performers;
supervision over the efficiency and effectiveness of work organisation;
official supervision over the performance of individual tasks by subordinate employees;
providing explanations and professional guidance to subordinate employees;
supervision over employees’ working conditions, with particular regard to occupational health and safety regulations and fire safety;
observing and supervising compliance by subordinate employees with legal provisions, internal normative acts and applicable ethical standards;
systematic evaluation of employees;
issuing opinions on job candidates;
submitting motions concerning rewards or disciplinary measures for subordinate employees;
submitting proposals concerning work improvement.
The following positions exist in the Healthcare Establishment:
medical positions:
dentist;
physician;
non-medical positions:
cosmetologist;
receptionist / patient care coordinator.
The basic duties within the positions referred to in § 5 point 6.1 include:
providing healthcare services with due diligence and in accordance with current medical knowledge;
issuing assessments and opinions on the patient’s health condition;
educating patients;
monitoring patients’ health condition;
issuing opinions and certificates, issuing prescriptions, referring patients for additional specialist consultations by issuing referrals;
maintaining medical documentation;
supervising the patient care process within the appropriate scope, including supervising the patient’s compliance with recommendations.
The basic duties within the position referred to in § 5 point 6.2.1 include:
performing cosmetic treatments indicated in the price list of the Healthcare Entity attached as Appendix No. 1 to the Regulations;
assessing patients’ skin condition and selecting appropriate products and treatments, taking into account the client’s individual needs;
providing cosmetic advice;
close cooperation with a physician where assistance in the field of aesthetic medicine is necessary;
educating patients and clients.
The basic duties within the position referred to in § 5 point 6.2.2 include:
organising the ongoing work of the Reception;
organising and supervising the proper service of patients and clients at the Reception, in particular answering telephone calls, scheduling appointments and providing information on the scope and rules of healthcare services;
ensuring safe and hygienic working conditions;
ensuring proper use and technical condition of equipment located in the Healthcare Entity;
ensuring proper and timely settlement of completed services and collection of fees;
performing other tasks assigned by authorised persons.
§ 6 PLACE OF PROVIDING HEALTHCARE SERVICES AND COSMETIC TREATMENTS
The Healthcare Entity provides healthcare services and cosmetic treatments at the Healthcare Establishment located at: ul. Mikołaja Kopernika 15 lok. 21, 00-359 Warsaw.
Healthcare services and cosmetic treatments are provided on the days and during the hours of operation of the Healthcare Establishment or its individual organisational units.
In order to ensure the safety of patients and employees of the Healthcare Entity and to protect property, video monitoring using devices enabling image recording is carried out in generally accessible rooms of the Healthcare Establishment.
Image recordings obtained as a result of monitoring are used exclusively for the purposes for which they were collected and are stored for no longer than 3 months from the date of recording. After this period, image recordings containing personal data obtained as a result of monitoring are destroyed, unless their retention is required by law.
Monitoring does not cover rooms in which healthcare services or cosmetic treatments are provided, nor sanitary rooms, with respect for patients’ right to privacy.
§ 7 COURSE OF THE PROCESS OF PROVIDING HEALTHCARE SERVICES AND COSMETIC TREATMENTS
The Healthcare Entity provides healthcare services and cosmetic treatments, hereinafter referred to as “Services”, within the scope specified in these Regulations, ensuring appropriate availability and quality of Services in the organisational unit and all organisational units indicated in § 4 section 1, in a manner guaranteeing patients the most convenient possible form of using the Services.
The Healthcare Entity provides Services:
for a fee, in accordance with the current price list of Services published on the website: https://www.drmartaroth.com/;
free of charge in the case of Services provided to a person requiring immediate assistance due to a threat to health or life, where it is indicated that the patient had no other possibility of obtaining assistance.
Services are provided on scheduled dates, after reservation.
Patient registration for individual Services at the Healthcare Entity takes place in person at the Healthcare Entity’s facility, by telephone, by email or via the contact form on www.drmartaroth.com.
Booking an appointment is temporary and constitutes only a PRELIMINARY RESERVATION of the date for performance of the Service at the Entity. The reservation is made upon payment by the patient of a deposit in the amount of PLN 300, which means that without prior payment of the deposit, the Healthcare Entity is not obliged to perform the Service covered by the reservation. The reservation is deemed made upon timely crediting of the deposit amount to the bank account of DR ROTH sp.k. The preliminary reservation then becomes a CONFIRMED RESERVATION. The deposit takes the form of a multi-purpose voucher.
Patients are requested to pay the deposit before the appointment, within 24 hours of making the preliminary reservation, via the payment link received at the telephone number or email address provided by them, or directly after arranging the appointment at the Healthcare Entity, in cash or by payment card.
Failure to pay the deposit within the deadline referred to in section 6 is equivalent to the patient’s resignation from the reservation and entitles the Healthcare Entity to cancel the appointment.
Payment of the deposit means acceptance by the person making the reservation of the terms set out in these Regulations.
Services are provided on the date agreed with the patient, on the days and during the hours of operation of the Healthcare Establishment.
Provision of Services requiring the patient’s personal presence is possible only after the patient reports directly before the healthcare service for which the patient has been registered at the Reception of the Healthcare Establishment and presents a photo identity document.
Services are provided in a manner ensuring compliance with legal requirements appropriate for individual Services, with due diligence and current medical knowledge by persons practising a medical profession, and with respect for patients’ rights.
A patient who has reserved an appointment is obliged to arrive on time. If the patient’s delay does not exceed 15 minutes, the delay time is deducted from the time scheduled for the procedure. In the event of a delay exceeding 15 minutes, the Healthcare Entity may refuse to provide the Service, withdrawing from the agreement for reasons attributable to the patient and retaining the deposit, or, at the discretion of the Healthcare Entity, may set a new appointment date while retaining the deposit towards that appointment.
Irrespective of other cases described in the Regulations, the Healthcare Entity may refuse to provide the Service where:
the Patient refuses to consent to the provision of the Service according to the template applicable at the Healthcare Entity;
the Patient does not qualify for the Service, as determined by a physician or cosmetologist;
the Patient does not consent to signing the required consents;
the Patient is in a condition preventing provision of the Service, for example is under the influence of alcohol or intoxicating substances, or due to a grossly poor hygienic condition, excluding situations of direct threat to the Patient’s life or health;
the Patient has not followed the physician’s recommendations, for example has not performed or has not presented for inspection, within the required time, appropriate diagnostic tests or additional consultations;
the Healthcare Entity is unable to verify the Patient’s identity on the basis of an identity document belonging to the Patient;
a failure has occurred on the premises of the Healthcare Entity or in the building of the Healthcare Entity, including power or water failure;
it is impossible to provide the Service for other reasons, including sanitary and epidemiological reasons, including those related to the need to ensure appropriate safety of the Healthcare Entity’s personnel and other patients;
the Patient has failed to comply with the instructions of the Healthcare Entity’s personnel concerning the need to prepare in a specified manner for the appointment, including in particular the performance of necessary tests;
the Patient has failed to pay for the appointment or Service in accordance with the provisions of these Regulations.
The need for the Healthcare Entity to refuse to provide the Service for the reasons indicated in section 13 is equivalent to withdrawal from the agreement concluded with the patient due to the patient’s fault and retention of the paid deposit.
The Patient has the right to reschedule the appointed date for performance of the Service at the Healthcare Entity twice, for important reasons, without losing the deposit, no later than 48 hours before the scheduled appointment. Failure to comply with this condition results in loss of the prepayment pursuant to Article 394 of the Polish Civil Code. This provision does not apply to the cases indicated in points 12 and 13 of this paragraph.
If the Service is performed, the deposit paid by the Patient is credited towards the price for performance of the Service.
The clinic sends the Patient, 12–48 hours before the scheduled appointment, a message reminding them of the date and time of the appointment to the telephone number or email address provided by the Patient.
The deposit may be used only by the patient who made the payment, unless the Healthcare Entity agrees to another solution.
In the event of failure to cancel an appointment or repeated cancellations, the Healthcare Entity reserves the right to refuse further registration due to disruption of the specialists’ work.
The Healthcare Entity reserves the right to change the dates or times of appointments, consultations and procedures or to cancel them in justified cases.
The previously agreed time of admission in the medical or cosmetic office is approximate due to the nature of the services provided and the emphasis on their highest quality and professionalism.
Payment for Services offered by the Healthcare Entity may be made in cash or by payment card.
Payment for Services is made after the service has been performed, whether consultation or procedure. The exception is the deposit payable before the Service is provided.
After payment, the patient receives a receipt or invoice.
The Healthcare Entity reserves the right to introduce changes to its offer and price list. The current offer is available at the Healthcare Entity and on the Healthcare Entity’s website.
Procedures are performed according to the price list in force on the date of performance of the Service.
All prices stated in the price list and on the website www.drmartaroth.com are gross prices and are expressed in Polish zlotys.
If payment for the performed service is impossible, the patient is obliged to draw up a payment statement and pay the amount due within 3 Business Days. In the absence of payment, the Healthcare Entity reserves the right to send a written demand for payment and, if the amount due is not paid within the specified period, to refer the matter to court.
Discounts, reductions and promotions for services cannot be combined.
§ 8 CONDITIONS OF COOPERATION WITH OTHER HEALTHCARE ENTITIES
The Healthcare Entity may cooperate in the scope of services provided to patients with other entities performing medical activity on the basis of a separate cooperation agreement.
The Healthcare Entity provides entities performing medical activity with patients’ medical documentation if such documentation is necessary to ensure continuity of services.
Cooperation takes place with respect for generally applicable provisions of law and patients’ rights.
Medical documentation is made available to another entity performing medical activity only to the extent necessary to ensure continuity of services and in accordance with provisions concerning medical documentation and personal data protection.
§ 9 PATIENTS’ RIGHTS AND OBLIGATIONS
The Patient has the right to services consistent with current medical knowledge. Medical personnel provide services to the patient with due diligence and in accordance with the principles of professional ethics.
The Patient has the right to request the opinion of another physician or the convening of a medical consultation board. The same applies to seeking the opinion of other medical personnel. The request or refusal of the request must be recorded in the medical documentation.
The Patient has the right to receive immediate healthcare services due to a threat to health or life.
The Patient has the right to obtain from the physician information about their health condition, diagnosis, proposed and possible diagnostic and therapeutic methods and the foreseeable consequences of their application or omission, as well as treatment results and prognosis. Information is also provided to persons authorised by the patient. If the patient does not wish to be informed about all or certain facts concerning their health condition, they have the right to request that the physician not provide such information.
The Patient has the right to confidentiality of information relating to them. Persons practising a medical profession are obliged to keep confidential all information about the patient and their health condition obtained in connection with practising the profession.
The Patient has the right to consent to the provision of services after obtaining from the physician all necessary information about their health condition and proposed treatment. In the case of surgery or the use of a treatment or diagnostic method involving increased risk, consent is given in writing. In any other situation, the patient may give or refuse consent orally.
The Patient has the right to respect for intimacy and dignity during the provision of services. A close person may be present during the provision of services. Medical personnel may refuse the presence of a close person only in the event of the probability of an epidemic threat or due to the health safety of the patient. Such refusal must be recorded in the medical documentation.
The Patient has the right to pain treatment. The Healthcare Entity is obliged to take actions consisting of determining the intensity of pain, treating pain and monitoring the effectiveness of such treatment during the provision of healthcare services.
The Patient has the right to access medical documentation concerning their health condition and healthcare services provided to them. The rules and methods for making medical documentation available are set out in Appendix No. 1 to these Regulations.
The Patient has the right to object to a physician’s opinion or decision if they disagree with its content.
The Patient has the right to report adverse reactions to medicinal products. Any harmful and unintended effect of a medicinal product may be reported by the patient to: a person practising a medical profession, the President of the Office for Registration of Medicinal Products, Medical Devices and Biocidal Products, or the entity responsible for placing the medicinal product on the market.
The Patient has the right to respect for private and family life. The Patient has the right to personal, telephone or correspondence contact with other persons and has the right to additional nursing care.
The Healthcare Entity does not maintain a deposit for valuables, unless separate provisions or internal procedures of the Healthcare Entity provide otherwise.
The Patient has the right to lodge a complaint if their rights have been violated. The complaint may be submitted to:
the Head of the Healthcare Entity;
the Office of the Patient Rights Ombudsman;
the Regional Medical Chamber, the Regional Chamber of Nurses and Midwives;
the Supreme Medical Chamber, the Supreme Council of Nurses and Midwives.
The Head of the Healthcare Entity may limit the exercise of patients’ rights in the event of an epidemic threat or due to the health safety of patients, as well as due to the organisational capabilities of the entity.
The Patient is obliged to comply with the rules set out in these Regulations.
The Patient is obliged to comply with occupational health and safety rules applicable at the Healthcare Entity and to follow the recommendations of the physician and other medical personnel.
The Healthcare Entity reserves the right to refuse to perform a service for a patient whose condition indicates alcohol consumption or use of intoxicating substances.
The Patient is obliged to provide personnel with true, complete and up-to-date information concerning their health condition, in particular chronic diseases, allergies, medications taken and previous procedures; providing false or incomplete information may make proper qualification for the service impossible and excludes the liability of the Healthcare Entity for resulting consequences.
Failure by the patient to follow pre- and post-procedure recommendations may affect the effects of therapy and excludes the liability of the Healthcare Entity for the result of the service.
Recording the image of personnel or other patients, including photographing, filming or recording, on the premises of the Healthcare Establishment requires their prior consent and must not violate privacy or safety rules.
A medical consultation constitutes a separate service and is not equivalent to qualifying the patient for a procedure or an obligation to perform it.
The effects of procedures, in particular aesthetic procedures, are individual and depend on many factors; the Healthcare Entity does not guarantee achievement of a specific aesthetic effect, and the patient’s subjective assessment of the effect does not constitute grounds for accepting a complaint, provided that the service was performed in accordance with current medical knowledge.
§ 10 RULES FOR MAKING MEDICAL DOCUMENTATION AVAILABLE AND CHARGING FEES FOR ACCESS
The Healthcare Entity maintains medical documentation of patients using its services, ensuring protection of personal data contained in the documentation, and makes the documentation available in accordance with applicable provisions.
The rules for making medical documentation available are set out in Appendix No. 1 to these Regulations.
The amount of fees charged for making medical documentation available is determined in accordance with Article 28 of the Act of 6 November 2008 on Patients’ Rights and the Patient Rights Ombudsman.
Medical documentation is made available in the forms, within the deadlines and on the terms specified in generally applicable provisions of law, after prior verification of the identity of the authorised person.
§ 11 PROVISION OF AESTHETIC MEDICINE SERVICES
Before performing a procedure, the physician conducts an interview with the patient in order to determine whether the patient’s health condition, past or current diseases, as well as lifestyle, constitute contraindications to undergoing the procedure or create a risk of side effects, and in order to determine post-procedure recommendations.
The physician may recommend basic medical tests in order to check the general health condition and determine the absence of medical contraindications to undergoing procedures.
Consent to a procedure may be given by an adult patient with full legal capacity.
By undergoing the procedure, the Patient declares and undertakes that:
they are aware of the purpose and possible effects of the procedure;
all issues directly or indirectly related to preparation for and application of the selected procedure have been explained to them and are fully understandable to them;
they are aware of and understand all contraindications, possible side effects and effects of the procedure;
they have been informed about the characteristics of the procedure and that it is performed with due diligence, while not guaranteeing achievement of a specific or expected aesthetic effect;
subjective assessment of the effect of the procedure does not constitute grounds for accepting a complaint, provided that the procedure was performed in accordance with current medical knowledge;
they have taken into account their health condition and will not undergo the procedure if it could have a negative impact on their health, life or mental or physical comfort;
they are not pregnant, in the postpartum period or breastfeeding, are not taking medications or substances constituting a contraindication to the procedure and do not suffer from conditions excluding its performance;
they have made an informed decision to choose the procedure, taking into account their health condition and available medical and technical possibilities;
they consent to modification of the manner of performing the procedure or to its interruption or withdrawal from performance if continuing it could pose a threat to the patient’s health or life.
§ 12 COMPLAINTS
Complaints concerning the provision of services may be submitted only in writing, electronically to the address kontakt@drmartaroth.com.
The complaint should contain data enabling identification of the patient, a description of the objections raised and contact details.
Complaints will be examined within 14 Business Days from the date of receipt of the complaint.
Patients submitting a complaint will be informed of the decision in writing.
§ 13 HYGIENE STANDARDS
Flat surfaces and other elements of the Healthcare Entity’s equipment with which the Patient has no direct contact during the procedure are disinfected at least once a day.
Patient stations are disinfected after each visit.
Personnel of the Healthcare Entity undergo periodic health examinations required by law and internal procedures aimed at ensuring patient safety.
Only disinfectants approved for use in a treatment room are used in the Healthcare Entity.
§ 14 RULES OF CONDUCT IN THE HEALTHCARE ESTABLISHMENT
Smoking, consumption of alcohol and use of intoxicating substances are strictly prohibited on the premises of the Healthcare Establishment.
Canvassing, trading, loud and uncivilised behaviour, in particular the use of words commonly regarded as offensive, and the use of devices and products of the Healthcare Entity are prohibited on the premises of the Healthcare Establishment.
Recording the image of personnel, other patients, the course of provision of services or the interiors of the Healthcare Establishment by means of devices recording image or sound is permitted only after obtaining the prior written consent of the Healthcare Entity and with respect for privacy and personal data protection regulations.
§ 15 RECORDING AND DISSEMINATION OF CLIENTS’ IMAGE BY THE HEALTHCARE ENTITY
The Healthcare Entity, after obtaining the patient’s prior consent, may record, by means of devices recording image and sound, the performance of the Service by the Team and the condition before and after performance of the Service.
In the situation referred to in section 1 above, the patient consents to the use and dissemination by the Healthcare Entity of the patient’s image without time or territorial limitation, in the following fields of exploitation:
by reproducing and recording it using audiovisual, digital, printing and similar methods;
by saving and storing it in the memory of computers and other electronic devices, for example smartphones;
by making it available and disseminating it in such a way that everyone may access it at a place and time chosen by them, in particular on the Internet and by publishing these materials on the Website and on the Instagram Profile;
by using it for advertising and promotional purposes of the Healthcare Entity and its Team;
by combining it with other images, advertising slogans, texts, graphics, the logo of the Healthcare Entity and the name and surname of Dr Marta Roth.
The consent referred to in sections 1–2 may be withdrawn at any time, provided that withdrawal of consent does not affect the lawfulness of use of the image made before its withdrawal.
If the Healthcare Entity needs to use the patient’s image in a field of exploitation other than those listed in section 2 above, the Healthcare Entity will request the patient’s consent to use the image in such additional field of exploitation. The terms of granting such consent will be determined individually.
If the patient’s image is to be used in fields of exploitation not listed in section 2, the Healthcare Entity will each time request separate consent from the patient, and the terms of granting it will be determined individually.
§ 16 INFORMATION CLAUSE — VIDEO MONITORING
Pursuant to Article 13 of 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, General Data Protection Regulation, “GDPR”, we hereby inform you that the premises of the Healthcare Establishment are covered by video monitoring.
The Controller processes your personal data in the form of image and time and place of the event in order to increase the safety of patients, employees of the Controller and other persons present in the monitored area, as well as to increase protection of property located there, on the basis of Article 6 section 1 letter e GDPR, processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, and Article 6 section 1 letter f GDPR, processing necessary for the purposes of legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject requiring protection of personal data.
Video monitoring covers entrances to and exits from the Controller’s healthcare establishment, communication routes and the reception/waiting area. The premises of the Controller’s healthcare establishment contain signs indicating that the facility is monitored.
Personal data are recorded by monitoring cameras recording image continuously. Only image is recorded and stored. Access monitoring records entries and exits of authorised persons.
Personal data from monitoring are stored for a period of three months.
The Controller secures and makes personal data available only to appropriate authorities authorised under applicable legal provisions, for example the police, prosecutor’s office or court. Apart from these entities, recipients of your personal data may include employees and associates of the Controller. The Controller does not make your personal data available to other recipients.
The Controller keeps your personal data confidential and protects them against unauthorised access by third parties in accordance with applicable provisions.
Your personal data will not be transferred to a third country outside the European Economic Area or to an international organisation.
Your personal data will not be processed in an automated manner and will not be profiled.
The data subject has the right to access their personal data, rectify, correct or supplement them if incomplete, erase or restrict processing, data portability and obtain a copy, object to processing or withdraw consent to the processing of personal data, if processing is based on consent; withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal.
The data subject has the right to lodge a complaint against the Controller with the Personal Data Protection Office if they consider that the processing of personal data violates the law.
Providing your personal data is voluntary, but technically necessary in order to remain on the premises of the Controller’s Healthcare Establishment.
§ 17 FINAL PROVISIONS
The provisions of the Regulations apply to all persons employed at the Healthcare Entity, regardless of the form of employment, as well as all persons cooperating with the Healthcare Entity and all patients of the Healthcare Entity.
In matters not regulated by the Regulations, generally applicable provisions of law apply.
The Regulations are available at the Healthcare Establishment and on the website: https://www.drmartaroth.com/.
Smoking and use of tobacco, tobacco products and nicotine products, including electronic cigarettes, are completely prohibited throughout the entire Healthcare Entity, as is consumption of alcoholic beverages and any other stimulants or intoxicating substances. Bringing animals onto the premises of the Healthcare Entity is prohibited.
The Healthcare Entity is not liable for items left unattended.
Inappropriate behaviour by the patient on the premises of the Healthcare Entity, gross violation of order or disruption of the course of services provided, results in refusal or interruption of the service and a request to immediately leave the Healthcare Entity.
Inappropriate behaviour by the patient, gross violation of order or the rules of the Regulations may result in refusal to provide or interruption of the Service, without the right to a refund of fees, and a request to leave the Healthcare Establishment.
Personnel of the Healthcare Entity are appropriately trained for the positions they hold and possess all required certificates and diplomas corresponding to their positions.
Personnel of the Healthcare Entity are obliged to comply with occupational health and safety rules applicable at the Healthcare Entity.
The provisions of the Regulations are made known to persons employed by and cooperating with the Healthcare Entity.
Any amendments to these Regulations require compliance with the form and procedure appropriate for their introduction.
These Regulations in this wording enter into force on 1 January 2025.
REGULATIONS ON MAKING MEDICAL DOCUMENTATION AVAILABLE AND CHARGING FEES
§ 1 Definitions
Medical documentation — all documents, data and records, including electronic ones, that may be relevant from the point of view of the diagnostic, therapeutic, rehabilitation process and provision of healthcare services. Medical documentation also includes documentation created and stored in electronic form.
Authorised person — a person indicated by the patient as authorised to access medical documentation, on the basis of an authorisation submitted by the patient and recorded in the medical documentation, bearing the patient’s signature. Authorisation in the form of a separate document is also permitted, including with a notarised signature, if required for effective verification.
Close person — spouse, relative up to the second degree or relative by affinity up to the second degree in a direct line, statutory representative, person living in cohabitation or person indicated by the patient.
Actual guardian — a person providing, without statutory obligation, permanent care for a patient who requires such care due to age, health condition or mental condition.
Extract — a summary document containing selected information or data from the entirety of the medical documentation.
Copy text / Transcript — a document created by rewriting the text from the original medical documentation while faithfully maintaining conformity of content with the original.
Copy — a document created by reproducing the original medical documentation, in the form of a photocopy or digital reproduction, scan.
Applicant — the patient, their statutory representative or another person/entity entitled to obtain medical documentation.
§ 2 Rules for making medical documentation available
Medical documentation is stored at the Healthcare Entity.
Medical documentation is made available while maintaining its integrity, confidentiality and authenticity, without undue delay.
If documentation is made available in printed form, the person authorised by the entity confirms its conformity with the documentation and marks it with their designation, including first name or names, surname, position and signature. The printout is prepared in a manner enabling identification of the person providing healthcare services.
If documentation in paper form is made available by issuing the original against confirmation of receipt and subject to return after use, at the request of public authorities or common courts, and also where delay in issuing the documentation could pose a threat to the patient’s life or health, a copy or full transcript of the issued documentation is retained at the healthcare entity.
If making the documentation available is not possible, the refusal is provided in electronic or paper form, in accordance with the request of the authorised authority, entity or person, together with the reason for refusal. In the case of refusal towards a natural person, oral information is permitted; however, at the applicant’s request, the refusal is prepared in written or electronic form.
The Healthcare Entity makes medical documentation available to the patient, their statutory representative or a person authorised by the patient.
Medical documentation is made available by an authorised person working at the healthcare entity, including medical personnel and administrative personnel.
After the patient’s death, medical documentation is made available to the person authorised by the patient during their lifetime or to the person who was the patient’s statutory representative at the time of death. Medical documentation is also made available to a close person, unless another close person objects to its disclosure or the patient objected during their lifetime.
The Healthcare Entity providing healthcare services makes medical documentation available to external entities:
entities providing healthcare services, if such documentation is necessary to ensure continuity of healthcare services;
public authorities, including the Patient Rights Ombudsman, the National Health Fund, professional self-government bodies of medical professions and national and regional consultants, to the extent necessary for the performance of their tasks;
entities referred to in Article 119 sections 1 and 2 of the Act on Medical Activity, to the extent necessary to conduct an inspection;
the founding entity referred to in Article 121 of the Act on Medical Activity, to the extent necessary to exercise supervision;
the Agency for Health Technology Assessment and Tariff System, to the extent necessary to perform statutory tasks;
the Medical Research Agency, to the extent specified by law;
the Minister of Health, courts, including disciplinary courts, prosecutor’s offices, forensic physicians and professional liability officers, in connection with pending proceedings;
authorities and institutions authorised under separate acts, if the examination was carried out at their request;
pension authorities and disability assessment panels, in connection with pending proceedings;
entities maintaining registers of medical services, to the extent necessary to maintain such registers;
insurance companies other than ZUS, with the patient’s consent;
competent medical boards, to the extent necessary to perform their tasks;
persons practising a medical profession in connection with an accreditation or certification procedure, to the extent necessary to conduct it;
the regional commission for adjudication on medical events, within the scope of pending proceedings;
heirs, within proceedings before the regional commission for adjudication on medical events;
entities performing inspection activities on the basis of Article 39 section 1 of the Act on the Healthcare Information System, to the extent necessary to conduct them;
members of infection control teams, to the extent necessary to perform their tasks;
a university or research institute for scientific purposes, without disclosing data enabling identification of the person to whom the documentation relates.
Medical documentation is also made available to persons preparing at the healthcare entity to practise a medical profession, only to the extent necessary to achieve teaching objectives. Such persons are obliged to keep confidential information contained in the medical documentation, also after the patient’s death.
Documentation is made available only to the extent necessary to achieve the purpose indicated in the request or arising from legal provisions.
§ 3 Methods of making medical documentation available
The Healthcare Entity makes medical documentation available:
for inspection, including access to healthcare databases, at the place where healthcare services are provided, excluding emergency medical activities, or at the registered office of the healthcare entity, ensuring that the patient or other authorised authorities or entities may make notes or take photographs;
by preparing an extract, transcript, copy or printout;
by issuing the original against confirmation of receipt and subject to return after use, and also where delay in issuing the documentation could pose a threat to the patient’s life or health;
by means of electronic communication;
on an IT data carrier, for example radiological examinations.
When making documentation available electronically, the Healthcare Entity applies measures adequate to data protection, in particular identity verification, restriction of access to authorised persons and data minimisation.
§ 4 Request for access to medical documentation
Medical documentation is made available on the basis of a request for access to medical documentation. A request for access to medical documentation may be submitted in any form, including in writing, orally or by means of electronic communication to the email address: kontakt@drmartaroth.com.
If a request for access to medical documentation is made orally in person at the registered office of the Healthcare Entity or by telephone, the person receiving the request is obliged to inform the Applicant of the need to verify the applicant’s identity before making medical documentation available.
Medical documentation is made available after prior verification of the Applicant’s identity:
in the case of a request submitted in person — by presentation of an identity document;
in the case of a request submitted in another manner — by verifying that the request comes from an email address or telephone number previously indicated in the medical documentation or contains a qualified electronic signature; the Healthcare Entity may require additional identity verification if necessary for data security.
In the absence of authorisation to obtain medical documentation or where disclosure is impossible for other reasons, the Healthcare Entity provides a refusal, in paper or electronic form as appropriate to the form of the request, together with the reason for refusal. At the Applicant’s request, the refusal is provided in written or electronic form.
Documentation is made available without undue delay, immediately after submission of the request, taking into account the need to verify identity and prepare the requested form of documentation.
The Entity maintains a register of disclosures of medical documentation. Each time, the fact of making a photocopy of medical documentation available to the patient must be recorded.
§ 5 Making medical documentation available after the patient’s death
After the patient’s death, medical documentation is made available to the person authorised by the patient during their lifetime or to the person who was the patient’s statutory representative at the time of death. Medical documentation is also made available to a close person, unless another close person objects to its disclosure or the patient objected during their lifetime.
In the event of a dispute between close persons, the matter will be resolved by a court. An application to the court may be submitted by a close person or a person practising a medical profession.
A person practising a medical profession may apply to the court if they have justified doubts as to whether the person requesting disclosure of the secret or objecting to its disclosure is in fact a close person.
If the patient objected during their lifetime to making medical documentation available, the court, in non-contentious proceedings at the request of a close person, may consent to making medical documentation available and determine the scope of its disclosure if this is necessary:
to pursue compensation or damages for the death of the patient;
to protect the life or health of a close person.
§ 6 Fees for making medical documentation available
The healthcare entity charges fees for making medical documentation available, subject to sections 4–5.
The amount of the fee is determined by the Healthcare Entity, taking into account statutory limits.
The maximum fee for:
one page of an extract or transcript of medical documentation may not exceed 0.002 of the average remuneration in the previous quarter, announced by the President of the Central Statistical Office;
one page of a copy or printout of medical documentation may not exceed 0.00007 of the average remuneration in the previous quarter, announced by the President of the Central Statistical Office;
making medical documentation available on an IT data carrier may not exceed 0.0004 of the average remuneration in the previous quarter, announced by the President of the Central Statistical Office.
No fees are charged for making medical documentation available:
for inspection at the healthcare entity;
in any form to the Social Insurance Institution, ZUS, in matters concerning retirement and disability insurance, sickness and maternity insurance, accidents at work and occupational diseases;
in connection with proceedings before the regional commission for adjudication on medical events;
in original form to law enforcement/protection institutions in cases provided for by law.
No fee is charged when medical documentation is made available to the patient or their statutory representative for the first time within the requested scope, in the following form:
extract, transcript, copy or printout;
on an IT data carrier;
copy in the form of digital reproduction, scan.
RULES FOR PURCHASING AND USING A VOUCHER
A Voucher may be purchased through the online store drmartaroth.com and in person at the Healthcare Entity. The Voucher entitles its holder to use selected Services provided at the Healthcare Entity and to purchase Products available in the online store drmartaroth.com.
The Voucher may be a value voucher or a voucher for a specific Service.
A Voucher for a specific Service may be redeemed only for the Service indicated on the Voucher. Changing the Service is possible only after prior agreement with the Healthcare Entity and only if organisationally possible; in such a case, the rules on additional payment/no change being given apply in accordance with sections 14–15.
The Voucher may be in paper or electronic form.
In the case of a paper Voucher, the buyer is obliged to collect it personally or through a person authorised in writing. The Healthcare Entity may verify the identity of the person collecting the Voucher.
At the buyer’s request and for an additional fee corresponding to shipping costs, the Healthcare Entity may send the Voucher to the address indicated by the buyer via postal operator or courier. The risk of loss or delay of the shipment after dispatch is borne by the buyer, unless legal provisions state otherwise.
In the case of an electronic Voucher, it is sent by the Healthcare Entity by email to the address indicated by the buyer within 3 Business Days from the date of payment being credited.
The Voucher may be transferred by the buyer to another person, the “Holder”, subject to sections 12 and 13.
In order to use the Voucher, the buyer or Holder is obliged to reserve a date for performance of the Service in accordance with the registration rules applicable at the Healthcare Entity. During reservation, the intention to redeem the Voucher must be communicated and its number and expiry date must be provided.
A condition for redeeming the Voucher is presenting the Voucher, the paper Voucher in original form or the electronic Voucher in a manner enabling reading of the number and verification, at the reception before performance of the Service or before purchase of the Product.
The Healthcare Entity reserves the right to exclude certain dates from the possibility of redeeming Vouchers for justified organisational reasons, in particular during periods of increased occupancy, selected holidays, technical breaks or training periods.
The Reception of the Healthcare Entity is authorised to verify the validity of the Voucher and, in the case of a named Voucher, to verify the identity of the person redeeming the Voucher. If entitlement to redeem the Voucher cannot be confirmed, the Healthcare Entity may refuse to redeem it until the circumstances are clarified.
The Healthcare Entity is not obliged to redeem the Voucher in the event of justified suspicion that it has been counterfeited, altered or abused; in such a case, the Healthcare Entity may retain the Voucher only against written confirmation and only to the extent permitted by law.
If the value of the Service or Product exceeds the value of the Voucher, the buyer or Holder is obliged to pay the difference.
If the value of the Service or Product is lower than the value of the Voucher, the Healthcare Entity does not refund the difference. The remaining amount may be used during a subsequent visit or for the purchase of Products within the Voucher’s validity period.
The Voucher Holder is entitled to change the date of performance of the Service in accordance with the rules applicable at the Healthcare Entity. In the event of failure to cancel an appointment or cancellation in breach of the rules, for example after the required deadline, the Voucher is deemed used in the part corresponding to the value of the reserved date or expires in full, in accordance with the rules on deposits/failure to cancel appointments applicable at the Healthcare Entity.
The Voucher is valid for 6 months from the date of issue, unless another validity period is indicated on the Voucher.
A purchased Voucher is not refundable and cannot be exchanged for cash. Failure to use the Voucher within its validity period does not entitle the holder to a refund of the amount paid or to an extension of the validity period, unless the Healthcare Entity decides otherwise in exceptional cases.
The Voucher Holder bears sole responsibility for its loss. The Healthcare Entity may issue a duplicate Voucher only if the Voucher can be clearly identified in the Healthcare Entity’s system and has not previously been redeemed; the decision in this respect belongs to the Healthcare Entity.
The Voucher may not be used in a manner contrary to these Regulations.
Each Voucher Holder acknowledges that:
the Voucher remains the property of the Healthcare Entity until it is redeemed;
Vouchers may not be resold to third parties or commercialised;
rights to the Voucher may not be sold, lent, disseminated, transferred or otherwise granted to third parties in a manner contrary to these Regulations;
a named Voucher may be redeemed only by the person indicated on the Voucher, unless the Healthcare Entity has given prior consent for redemption by another person;
information placed on the Voucher may not be removed, covered or altered;
the Voucher and its markings may be legally protected; actions contrary to the Regulations may result in refusal to redeem the Voucher and liability provided for by law.
The Healthcare Entity states that redemption of the Voucher for medical Services each time requires qualification for the procedure and may be refused for medical reasons; in such a case, the Voucher may be used for another Service or Product, provided this is possible and compliant with the Regulations, or the redemption date may be postponed.
COMPLAINTS CONCERNING VOUCHERS
Complaints concerning the purchase, validity or redemption of a Voucher may be submitted in a form enabling them to be recorded, in particular in writing or electronically, to the email address: kontakt@drmartaroth.com. The complaint should include the Voucher number and a description of the objections.
Complaints are examined within 14 Business Days from the date of receipt.
The person submitting the complaint will be informed of the manner in which it has been examined in written or electronic form.
PRIVACY POLICY
1. General information
This Privacy Policy defines the rules for processing personal data by the Controller and the rights of data subjects.
The Controller of personal data is DR ROTH spółka komandytowa with its registered office in Warsaw, 00-359 Warsaw, ul. Mikołaja Kopernika 15/21, KRS: 0001224717, NIP: 5252952636, REGON: 525076590, website: www.drmartaroth.com, email: kontakt@drmartaroth.com.
The Controller has appointed a Data Protection Officer. Contact with the Data Protection Officer is possible via the Controller at the email address: kontakt@drmartaroth.com, with the note “DPO”, or in writing to the Controller’s registered office address.
Contact with the Controller is possible via the email address: biuro@drmartaroth.com or correspondence address: DR ROTH sp.k., ul. Mikołaja Kopernika 15/21, 00-359 Warsaw.
2. Definitions
For the purposes of the Policy, the following terms mean:
Controller — DR ROTH sp.k. with its registered office in Warsaw.
Personal data — information about an identified or identifiable natural person, including, among others, identification data, contact data, image, health data and data collected through IT systems, including online identifiers. Health data constitute a special category of personal data within the meaning of Article 9 GDPR.
Policy — this Privacy Policy.
GDPR — Regulation of the European Parliament and of the Council, EU, 2016/679 of 27 April 2016.
Data subject — a natural person whose personal data are processed by the Controller, for example a patient, store customer, person contacting the Controller or website user.
Processing — an operation or set of operations performed on personal data, including collection, storage, use, disclosure and deletion.
3. Data processing by the Controller
The Controller processes personal data in accordance with applicable provisions, including GDPR, and in accordance with the principles of lawfulness, fairness, transparency, data minimisation, accuracy, storage limitation, integrity and confidentiality.
The Controller informs about data processing at the time of obtaining the data, including about the purposes, legal bases and rights of data subjects.
The Controller processes data only to the extent necessary to achieve specified purposes and for the period necessary to achieve them.
In the event of a personal data breach, the Controller acts in accordance with GDPR, including making notifications to the supervisory authority if required and informing data subjects when the conditions set out in Article 34 GDPR are met.
4. Security of personal data
The Controller applies organisational and technical measures ensuring data security, including access control, authorisations, registration of operations and security of IT systems.
The Controller requires subcontractors and cooperating entities to apply appropriate security measures and, where applicable, enters into data processing entrustment agreements.
The Controller conducts risk analysis and monitors the adequacy of the safeguards applied.
5. Purposes and legal bases of data processing by the Controller
A. Healthcare services — healthcare entity
Personal data, including health data, are processed for the purpose of providing healthcare services, maintaining medical documentation, diagnosis, treatment and ensuring continuity of healthcare.
Legal basis:
Article 6 section 1 letter c GDPR, legal obligation, including maintaining medical documentation;
Article 9 section 2 letter h GDPR, processing of health data for the purposes of medical diagnosis and healthcare;
and, to the necessary extent, Article 6 section 1 letter f GDPR, establishment, exercise and defence of claims.
B. Agreements and orders — store, products, vouchers, non-medical services
Placing an order or making a purchase, including products and vouchers, involves the processing of personal data for the purpose of handling the order and performing the agreement.
Legal basis:
Article 6 section 1 letter b GDPR, performance of an agreement;
Article 6 section 1 letter c GDPR, legal obligation — taxes/accounting;
Article 6 section 1 letter f GDPR, legitimate interest — pursuing/defending claims and organising service.
Data provided voluntarily, non-mandatory data, are processed on the basis of consent — Article 6 section 1 letter a GDPR — where the Controller requests such consent in an explicit manner.
C. Contact forms
Data from contact forms are processed for the purpose of handling the enquiry and contacting the person.
Legal basis: Article 6 section 1 letter f GDPR, legitimate interest of the Controller — communication, or Article 6 section 1 letter b GDPR if the contact concerns actions aimed at concluding an agreement.
D. Email and traditional correspondence
Data contained in correspondence are processed for the purpose of communication and handling the matter.
Legal basis: Article 6 section 1 letter f GDPR.
E. Telephone contact
Data provided during telephone contact are processed for the purpose of handling the matter.
Legal basis: Article 6 section 1 letter f GDPR.
The Controller may record telephone conversations only where it applies such a solution and informs the caller of this before recording begins, if applicable.
F. Recruitment
Candidates’ data are processed for the purpose of conducting recruitment.
Legal bases:
Article 6 section 1 letter c GDPR, obligations arising from labour law — scope required by law;
Article 6 section 1 letter a GDPR, consent — additional data or future recruitment;
Article 6 section 1 letter f GDPR, establishment, exercise and defence of claims.
G. Social media
Data of persons visiting the Controller’s profiles on social media, for example Instagram or TikTok, are processed in connection with maintaining the profiles, communication and promotional activities.
Legal basis: Article 6 section 1 letter f GDPR.
The Controller has no influence on data processing by providers of social media services for their own purposes.
H. Business relations — B2B
Contact data of representatives of contractors are processed for the purpose of cooperation and communication.
Legal basis: Article 6 section 1 letter f GDPR.
I. Direct marketing
If a person consents to receiving marketing information, for example by email or SMS, the data will be processed for the purpose of sending such information.
Legal bases:
Article 6 section 1 letter a GDPR, consent — within the scope of marketing communication;
Article 6 section 1 letter f GDPR, legitimate interest — marketing of the Controller’s own services within the limits permitted by law.
The person has the right to object to direct marketing.
6. Processing of data in IT systems
Personal data may be processed in the IT environment, including as part of backups, logs, change testing, abuse detection and ensuring system security.
Legal basis: Article 6 section 1 letter f GDPR.
7. Cookies and similar technologies
The Controller uses cookies and similar technologies on the website.
Cookies may include:
necessary, technical cookies;
functional cookies;
analytical/statistical cookies;
marketing cookies.
Cookies may constitute personal data, for example online identifiers, if they allow the user to be identified directly or indirectly.
The user may manage cookies through browser settings and — if implemented — through a consent management tool, cookie banner. Restricting cookies may affect the functionality of the website.
8. Recipients of data
Data may be disclosed to entities supporting the Controller, in particular:
IT and hosting service providers;
registration/CRM system providers;
accounting and HR service providers;
law firms;
payment operators;
courier/postal companies;
SMS/email service providers, notifications;
entities authorised under legal provisions, for example courts and law enforcement authorities.
The Controller discloses data only to the extent necessary to achieve the purpose.
9. Data retention period
The period of data processing depends on the purpose and legal basis of processing.