General Terms and Conditions of Use

Version 4, May 8th 2024

General

1. Niped Prevention B.V. (hereinafter referred to as &niped) is the intellectual owner of the Personal Health Check (Dutch Patent of 16 March 2006, no. 1027047) and of various related products, services, brand and domain names. &niped’s services are offered through a web application that we call the &niped platform.
2. The Personal Health Check offers insight into personal health and vitality. For this purpose, the online questionnaire is completed and – if applicable – physical measurements, such as a blood pressure measurement, finger prick and/or urine test are taken. Motivational tips are then given to get started independently or with professional guidance. All from the personal, online health environment. The Personal Health Check is often offered by employers and health insurance companies.
3. When the physical measurements are part of your Personal Health Check and they are not offered at an employer’s location, &niped uses the unique This contains materials and instructions for independently performing your abdominal circumference measurement, finger prick and/or urine test.
4. If you participate through your employer or health insurance company, they may offer you the opportunity to connect your health check with a healthcare professional. This could be a general practitioner, company doctor, nurse, physician’s assistant or lifestyle coach, for example. This is always optional.
5. By using and/or visiting the &niped platform and/or related services, you agree to the following terms and conditions of use.

Platform usage

6. Authorization by &niped is required for logging in to the platform, as mentioned in Article 1. Authorized access to the platform is exclusively for personal, non-commercial use. The platform may only be used for the purpose for which the user is authorized.
7. The platform contains confidential data about your health. You are reminded to handle this information with care. The use of this platform is registered and restricted to authorized users. In addition, you must keep secret the login details that have been issued to you for the purpose of accessing this application. Should you discover any irregularities in the use or content of this platform, you are kindly requested to report this by e-mail to info@persoonlijkegezondheidscheck.nl.
8. Attempts to access this platform are logged by &niped. Log files are kept for a minimum of 3 months for analysis purposes.
9. The participation history will be recorded and kept for the period that the account is active. Should the account be inactive for a period longer than 2.5 years, we will send you an e-mail informing you that your account will be automatically deleted after six months, unless you indicate within the specified period that you wish to keep the account active. Should you not respond to the email, we will send two more reminders. The first after three months and the second and final reminder after five months. If we have not received a response by then, we will delete the account. If there is no activity or response to the emails, your account will be deleted after three years. At that point the remaining medical data will be completely anonymized. By using the account, the account will be reactivated and the period of 2.5 years will start again.

Personal Health Check and your data

10. For its services, &niped assumes that you answer the questions as accurately as possible and to the best of your knowledge and conscience and that any blood, urine or stool samples come from you personally.
11. You cannot participate if you are pregnant or were pregnant 6 months ago. Too many factors have changed during and 6 months after pregnancy for &niped to give reliable advice.
12. You can grant one or more healthcare providers, as mentioned under Article 4, temporary access to your account, whereby you can grant certain rights to the healthcare provider. You give explicit permission for this during your registration.
13. If your employer or health insurance company chooses to align the Personal Health Check with the approach of the company doctor or occupational health and safety service, you can indicate that &niped may share your data (personal data and results) with &niped-approved professionals (such as a BIG registered healthcare professional, company doctor or vitality consultant). In some cases they will discuss the results of the Personal Health Check with you. If a doctor’s assistant or practice assistant does not have their own BIG registration, the (company) doctor is fully responsible. Lifestyle coaches, who have access to the accounts of participants are bound to their original standards for the confidential handling of medical data and apply the code of conduct as described in the Kabiz and BLCN register.
14. When you participate in the Personal Health Check at the invitation of your GP, your health results are shared with your GP via an encrypted e-mail message (using Zorgmail). This way, your GP can contact you in case of any health risks and your measurement values can be added to your other health data. In this case we ask for your citizen service number (BSN) during registration with the aim of ensuring that the personal data to be processed in the context of the provision of care relates to that client.
15. Anonymized data about your health, family, lifestyle, measurements, gender, month and year of birth can be made available for scientific research. If you participate via Sanquin, your anonymized data will under no circumstances be made available for scientific research by &niped. In that case your anonymized data will be shared with Sanquin for which you have filled in a consent form from Sanquin.
16. Your name, address, date of birth and gender data – no medical data – may be made available to your insurer for the purpose of (partial) reimbursement of the costs of using the Personal Health Check. You do not have to bear any costs for this yourself and it does not affect your deductible.
17. When participating through an employer or insurer, your data may be included in a macro report that your employer or insurer receives from &niped. This applies from a minimum of 30 completed participations and these group results can never be traced back to you as an individual participant.
18. If you use the additional modules of the Personal Health Check, we also need your full address and first and last name in order to send you the materials for conducting the study. Your name and address are passed on once for this purpose to a contracted distribution center and delivery service. They may only use your data for the services or functions for which &niped has contractual agreements with them. These agreements also state that they must destroy your data immediately after providing the service.

Other

19. &niped also evaluates its services with regard to quality and effectiveness through periodic surveys. This evaluation is not mandatory and you can opt out at any time.
20. When using the checkbox, as mentioned in article 3, &niped will send a maximum of one extra checkbox to a participant if the cause of not being able to do the measurements is due to &niped. If a new checkbox needs to be sent at the request of the participant, or the cause of this is due to the participant, these costs are for the client.
21. If the blood and/or urine were to be analyzed at different laboratories, the results may differ. &niped attaches great importance to the quality of the measurements and therefore has all analyses determined at one laboratory. Possible follow-up analyses performed by the user in response to the health report could therefore have a different outcome if the analyses were performed by another laboratory.
22. The content of the platform, as mentioned in Article 1, and all its components are owned or licensed by &niped. The content is provided to user for his/her information and personal use and may not be used, copied, distributed, modified, transmitted, sold or otherwise made available to anyone other than user itself in any other way.
23. &niped has an obligation to make and keep the website and its components technically operational and to ensure that they are sufficiently secure. &niped complies with NEN-7510 and ISO-27001 for information security in healthcare. When sending and receiving information, it is encrypted. &niped uses at least TLS 1.2 encryption for the transmission of information and supports TLS1.3.
24. &niped is committed to using only reliable products and trusted partners.
25. Based on generally accepted quality standards, &niped selects the interventions that can be recommended to participants. Clients can add their own interventions that are advised to participants. They may also lay down the conditions under which intervention is to be offered. &niped accepts no liability for the quality, effectiveness and/or costs of the interventions that are advised to a participant by the client (not being &niped).
26. &niped accepts no liability for failures resulting from circumstances not attributable to &niped, such as (but not limited to) power supply failures, internet connection failures, telephone connection failures, overcrowding of connections, failures of third parties on which &niped depends, government measures, labor unrest among the staff of third parties providing services to &niped and (inter)national conflicts.
27. &niped accepts no liability for any direct or indirect damage, in whatever form, caused by unauthorized use by the user himself of the Website or parts thereof. This includes the distribution of harmful material or material prohibited by Law and the consequences of actions of third parties who have accessed the Website or parts thereof. &niped is authorized to remove harmful and/or prohibited material from the Website or parts thereof immediately and without prior notice.
28. The user indemnifies &niped against all claims by third parties that are directly or indirectly related to unauthorized use of the website or parts thereof by the user himself, as referred to in article 21 above.
29. &niped has established procedures to be able to take measures in the event of a security incident and/or data breach and to comply with the privacy rules and guidelines, as laid down in the AVG. For further information please refer to our privacy statement.
30. &niped makes every effort to prevent complaints. In case a participant wishes to file a complaint, a complaint handling protocol applies, which can be requested from info@persoonlijkegezondheidscheck.nl.
31. At any time, the participant may indicate through their own account that they wish to have their personal data deleted. For further information please refer to our privacy statement.
32. &niped is authorised to amend these General Terms and Conditions of Use. The participant will be informed of any changes by e-mail with the possibility to delete the account if not agreed. You can consult this webpage for the latest version, which you can recognize by the date on the document.
33. Disputes relating to the application of these General Terms and Conditions of Use shall be governed by Dutch law.

Participation via SOL/SIVAG

34. Your employer may offer the Personal Health Check with the support of the Food Industry Development Fund Foundation (SOL) or Foundation Service Institute for Safety, Working Conditions and Health (SIVAG). You will have been informed of this by your employer. If your Personal Health Check is under SOL or SIVAG and you agree to the terms and conditions, you agree that your first name, last name and email address will be shared with SOL/SIVAG and the project manager WeCreate (Risk & Compliance team only). Data may be shared with the Ministry of Social Affairs and Employment when actively requested. The purposes of sharing the data are:

• Burden of proof for participation
• Sample evaluation by Ministry of Social Affairs and Employment

Retention period first name, last name and e-mail address: from the subsidy regulation there is a retention period of 10 years for the complete subsidy administration for the main applicant, so this also applies to this data.