General Terms and Conditions

Version 3.1, 18 september 2023

1. 1. &niped is the intellectual property owner of the Personal Health Check (Dutch Patent of 16 March 2006, no. 1027047) and of various related products, services, brand and domain names, collectively referred to as the &niped platform.
   2. By using and/or visiting the &niped platform and/or related services, you consent to the following General Terms and Conditions of Use.
   3. Authorization by &niped is required to log in to the platform referred to in Article 1. Authorized access to the platform is intended exclusively for personal, non-commercial use. The platform may only be used for the purpose for which the user authorization has been granted.
   4. This web application contains confidential information related to your health. You are advised to treat this information with great care. Use of this application is registered and restricted to authorized users. You are advised to keep the login data you received for accessing this application private and secure. If you notice any inconsistencies in the use or content of this application, please report them by email to info@persoonlijkegezondheidscheck.nl.
   5. All attempts to access the web application are logged by &niped. Log files are stored for at least three months for analytical purposes.
   6. Participation progress is registered and saved for as long as the account is active. If your account is inactive for a period of over 2 ½ years, we will send you an email to inform you that your account will be deleted automatically after six months unless you indicate within that time period that you want to continue to have an active account. If you do not respond to this email, we will send you two reminders, the first after three months and the second and final reminder after five months. If we still do not receive a response to these emails, we will delete the account. If there is no activity in the account or a response to the emails sent, your account will be deleted after a total of three years. All medical data still available will be fully anonymised at that point. Using the account will reactivate it and initiate a new period of 2 ½ years.
   7. In providing its services, &niped assumes that the participant answers the questions as accurately as possible and in good conscience and that any blood, urine or faecal samples originate from the participant personally.
   8. The user may not participate if pregnant or having been pregnant within the past six months. The reason is that numerous factors change during pregnancy and during six months after pregnancy, as a result of which &niped is unable to provide the user with reliable advice.
   9. The user can grant access to his or her account to one or more healthcare providers and grant specific rights to this provider.
   10. If your employer or healthcare insurer decides to integrate the Personal Health Check with the approach taken by the company doctor or occupational health and safety agency, you can indicate that &niped may share your information (personal data and results) with professionals approved by &niped (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 nurse practitioner is not registered with BIG, the company or other doctor assumes full responsibility. Lifestyle coaches with access to participant accounts are bound by their original standards for the confidential handling of medical data and must adhere to the code of conduct as described in the Kabiz and BLCN register.
   11. When you participate in the Personal Health Check at the invitation of your general practitioner, your health results are shared with your general practitioner via an encrypted e-mail message (using Zorgmail). This way, your GP can contact you himself in case of any health risks and your readings can be added to your other health data. In this case, we ask for your BSN during registration for the purpose of ensuring that the personal data to be processed in the context of providing care relates to that client.
   12. Data on your health, family, lifestyle, measured values, gender and month and year of birth may be made available for scientific research in anonymized form. &niped has a contract with the NIPED Data Management Foundation to this end. The NIPED Data Management Foundation in turn has a contract with the NIPED Research Foundation, which makes the anonymized and aggregated data available to contracted research partners, such as universities and knowledge institutions, for scientific, non-commercial research.
   13. Your personal details (name, address, date of birth and gender) – not medical data – may be made available to your insurer for purposes of a full or partial reimbursement of the cost of participation in the Personal Health Check. You are not required to pay for this service and it has no effect on your deductible.
   14. Your data – fully anonymous and not identifiable to you – is included in a macro report for the commissioning party.
   15. If you use the additional modules of the Personal Health Check, we also require your full name and address in order to send you the materials to carry out the home test(s). Your name and address are provided once only to a contracted distribution centre and delivery service, which may only use your information for the services or functions for which they have been engaged by &niped. This contract also states that they must destroy your personal data immediately after providing the service.
   16. &niped evaluates its services in terms of quality and effectiveness by means of periodic surveys. This evaluation is not mandatory and you may opt out of it at any time.
   17. &niped will send no more than one extra checkbox to a participant if the reason that the measurement could not be carried out is attributable to &niped. If a new checkbox must be sent at the request of the participant or if the reason is attributable to the participant, the commissioning party is responsible for the cost.
   18. The contents of the platform referred to in Article 1 and all of its components are the property of or licensed by &niped. The content is provided to the user for information purposes and for his or her personal use and may not be used, copied, distributed, modified, sent, sold or made available to anyone other than the user in any manner whatsoever.
   19. &niped has a best efforts obligation to make the website and its components available on a technically functional level and to ensure the sufficient security of the website. &niped complies with the NEN-7510 and ISO-27001 requirements for information security in healthcare. All data sent and received is encrypted. &niped uses TLS 1.2 encryption at a minimum for the transfer of information and supports TLS1.3.
   20. &niped guarantees that only reliable products and reliable partners are used. Any liabilities of &niped as a result of deficiencies in its services that result in demonstrable damage are regulated by law, in particular the Dutch Civil Code.
   21. If blood and/or urine is analysed at different laboratories, the results may differ. &niped feels very strongly about the quality of the measurements, which is why only one laboratory is used for all analyses. Any follow-up analyses that the user has carried out in response to the health report may therefore have different results than an analysis carried out by another laboratory.
   22. &niped selects interventions that can be recommended to users based on generally accepted quality standards. Commissioning parties can add their own interventions to be recommended to participants. They can also determine the conditions and manner in which the interventions are offered. &niped accepts no liability for the quality, effectiveness and/or costs of interventions recommended to a participant by the commissioning party (if not &niped).
   23. &niped accepts no liability for deficiencies resulting from circumstances that cannot be attributed to NIPED, such as (but not limited to) power failures, internet connection failures, telephone connection failures, connection overloads, shortcomings of third parties on which &niped is dependent, government measures, labour disputes among the employees of third parties that provide services to &niped and national and international conflicts.
   24. &niped accepts no liability for any direct or indirect damage of any kind caused by the unauthorized use of the website or its components by the user. This includes the distribution of harmful or legally prohibited material and the consequences of actions by third parties that have gained access to the website or its components. &niped is authorized to remove harmful and/or prohibited materials from the website and its components immediately and without prior notification.
   25. The user indemnifies &niped of all third-party claims related directly or indirectly to the unauthorized use of the website or its components by the user, as intended in Article 21 above.
   26. &niped has developed procedures for measures to be taken in the event of a security incident and/or data leak and to comply with privacy regulations and guidelines, as established in the GDPR. In the event of an increased risk, the participant is notified about the incident and possible adverse effects within 72 hours. For more information, see our Privacy Policy.
   27. &niped makes every effort to prevent complaints. If a participant wishes to submit a complaint, a complaint management protocol applies, which can be requested by email to info@persoonlijkegezondheidscheck.nl.
   28. The participant can request the deletion of personal data at any time through his or her own account. The Data Protection Officer and Security Officer will then be informed. The participant can withdraw the request within 24 hours. If the request is not withdrawn within 48 hours, the personal data will be deleted. The health data will remain available in anonymized form for scientific research via the research database.
   29. &niped has the right to make changes to these General Terms and Conditions of Use. The participant will be informed by mail about any changes with the option to delete the account if they do not agree. You can consult this web page for the most recent version, which can be recognized by the date of the document.
   30. Dutch law applies to any disputes related to the application of these General Terms and Conditions of Use. Disputes are exclusively submitted to the competent court of Amsterdam.
   31. Your employer may offer the Personal Health Check with support from the Stichting Ontwikkelingsfonds Levensmiddelenindustrie (SOL) of Stichting Service Instituut Veiligheid, Arbeidsomstandigheden en Gezondheid (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:- Evidence of participation
       – Random evaluation by the Ministry of Social Affairs and Employment.Data retention period: the subsidy regulation stipulates a retention period of 10 years for the entire subsidy administration for the main applicant, so this also applies to this data.