TERMS of SERVICE

For purposes of providing, administering, and evaluating your concerns under our IntelliConsult Clinic Management Services, we seek your authorization and consent to the collection, access, use, storage, processing, and disclosure of your personal information and sensitive personal information, including your name, age, residence, employment information, past and present medical history, medical records, consultation records, medical certificates, results of medical and laboratory examinations, diagnoses, medical abstracts, treatments, prescriptions, recommendations, fitness-for-work assessments, HMO utilization, and other information reasonably necessary in connection with the medical and occupational health services provided to you (collectively, the “Information”). As part of a consultation, including a video or online consultation, you may be requested to provide photographs or images, or to allow photographs or images to be captured, when reasonably necessary for the assessment, documentation, validation, or management of your medical concern. Any photograph or image obtained in connection with the consultation shall form part of your Information and shall be collected, accessed, used, processed, stored, and retained in accordance with the purposes stated herein, the Data Privacy Act of 2012, its Implementing Rules and Regulations, applicable issuances of the National Privacy Commission, and other applicable laws. The Information furnished to, generated by, or collected by us may be accessed and processed only by authorized personnel and service providers who reasonably require such access in the performance of their functions, including our physicians, nurses, consultants, subcontractors, medical facilities, authorized personnel of the Corporate Clinics & Wellness Management Department (CCWMD) and Occupational Health Services (OHS), and other duly authorized representatives.

This may include access by Company nurses, IntelliConsult physicians, CCWMD personnel, and OHS personnel to relevant medical and consultation records for purposes of providing medical care, reviewing your medical history, validating medical certificates and supporting documents, assessing fitness for work or return to work, monitoring occupational health concerns, managing clinic and wellness programs, preparing authorized reports, and performing other medical, occupational health, or administrative functions reasonably connected with the IntelliConsult Clinic Management Services.
Your Information may also be reasonably processed and used for the administration, monitoring, evaluation, and improvement of the IntelliConsult Clinic Management Services, including preparation of utilization and service reports, quality assurance, clinical and operational review, service planning, assessment of health trends, validation and audit, and reporting to authorized personnel of Health, Environment, Safety and Security (HESS), CCWMD, OHS, and other duly authorized occupational health, human resources, or management representatives, as may be applicable.
Where reasonably necessary for legitimate occupational health and workforce management purposes, you likewise consent to the disclosure to your employer and its duly authorized representatives, including your immediate supervisor where appropriate, of information relevant to your fitness for work, work restrictions or limitations, recommended period of absence, return-to-work status, and attendance or absenteeism related to your medical consultation or condition.
Such disclosure shall be limited to information reasonably necessary for the stated purpose. Your diagnosis, detailed medical history, laboratory results, consultation notes, and other clinical information shall not be disclosed to your immediate supervisor or other personnel who do not require access to such information, unless you have specifically authorized the disclosure or the disclosure is otherwise permitted or required by law.
We may likewise disclose Information to government authorities when required or permitted by applicable law, including Republic Act No. 11332, otherwise known as the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, and other applicable public health laws and regulations.
After every evaluation or consultation, reports may be generated from the Information collected. For this purpose, your Information shall be retained for a period of fifteen (15) years, subject to applicable legal, regulatory, contractual, and medical-record retention requirements. You have the right to reasonable access to your Information, to request correction of inaccurate or incomplete Information, and to lodge a complaint before the National Privacy Commission, subject to limitations permitted by law.
We shall maintain appropriate safeguards for the confidentiality and security of your Information in accordance with Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012, its Implementing Rules and Regulations, applicable issuances of the National Privacy Commission, and our applicable privacy policies.

Should you wish to access, correct, or update your Information, or if you have any inquiries regarding the processing of your Information, you may contact our Data Protection Officer at dpo@intellicare.net.ph or dpo@avega.net.ph, whichever is applicable.
The Company shall not disclose Information obtained in connection with the service except as provided herein, as authorized by you, or as otherwise permitted or required by law. Information capable of identifying you shall remain confidential and shall be disclosed only to persons authorized to receive such Information and only to the extent reasonably necessary for the applicable purpose.

By using our service:

1. You attest that you have read and understood the foregoing and understand and agree that:
a. your Information may be collected, accessed, used, stored, processed, and disclosed for the purposes described above, including medical consultation, occupational health assessment, administration of the service, medical certificate validation, billing, HMO-related processing, reporting, quality assurance, audit, and service improvement;
b. you may choose what Information you provide, subject to the understanding that withholding, omitting, or providing inaccurate or false Information may affect the accuracy and adequacy of the medical assessment, fitness determination, validation process, or services provided to you;
c. the Information you provide, together with Information generated during your consultation, may be processed for the evaluation and management of your medical concerns, assessment of fitness for work or return to work, validation of medical certificates, administration and billing of the service, and other purposes reasonably related to the IntelliConsult Clinic Management Services;
d. your consultation, utilization, attendance, and other relevant occupational health data may be processed for reporting to HESS, CCWMD, OHS, and other duly authorized employer representatives for service monitoring, workforce health management, utilization review, absenteeism monitoring, quality assurance, audit, health trend analysis, medical certificate validation, and improvement of the service;
e. where individual identification is not reasonably necessary for the purpose of the report or analysis, Information may be presented in aggregated, statistical, or de-identified form;
f. authorized Company nurses, IntelliConsult physicians, CCWMD personnel, OHS personnel, and other authorized medical or occupational health personnel may access relevant medical records, previous consultation records, medical certificates, and supporting documents when reasonably necessary for medical assessment, continuity of care, fitness-for-work assessment, return-to-work evaluation, occupational health monitoring, or validation of a medical certificate;
g. your employer’s duly authorized representatives, including your immediate supervisor where appropriate, may receive limited information reasonably relevant to your fitness for work, work restrictions or limitations, recommended duration of absence, return-to-work status, and attendance or absenteeism, subject to the confidentiality limitations stated above; and
h. you may request access to your Information and, where appropriate, request correction of Information that you believe to be inaccurate or incomplete. If access is denied on a lawful ground, the basis for such denial and available remedies shall be communicated to you as required by applicable law.

2. You authorize the Company to:
a. obtain, access, collect, use, store, and process Information and related documents, including medical certificates, laboratory and diagnostic results, consultation records, medical records, and summaries thereof, when reasonably necessary for the provision, administration, validation, or evaluation of services provided to you;
b. allow authorized Company nurses, IntelliConsult physicians, CCWMD personnel, OHS personnel, consultants, and other authorized medical or occupational health personnel to access relevant Information for medical consultation, continuity of care, validation of medical certificates, fitness-for-work assessment, return-to-work evaluation, occupational health monitoring, clinic and wellness management, reporting, and related purposes;
c. disclose relevant Information to the Company’s authorized personnel, subcontractors, physicians, nurses, consultants, medical facilities, CCWMD, OHS, HESS, and other service providers or authorized representatives to the extent reasonably necessary for the performance of their respective functions;
d. provide HESS, CCWMD, OHS, and other duly authorized employer representatives with reports and information reasonably necessary for occupational health administration, utilization monitoring, workforce health management, attendance or absenteeism monitoring, medical certificate validation, service evaluation, and improvement of the IntelliConsult Clinic Management Services;
e. disclose to your employer or its duly authorized representatives, including your immediate supervisor where appropriate, your fitness-for-work status, work restrictions or limitations, recommended duration of absence, return-to-work status, and related attendance or absenteeism information, without disclosing detailed clinical information except when specifically authorized by you or otherwise permitted or required by law; and
f. disclose Information to government authorities and other persons authorized by law when such disclosure is required or permitted under applicable laws, rules, and regulations.

3. You further understand and agree that:
a. an online consultation, including medical advice provided through IntelliConsult, is based on the Information made available by you, your treating physician, if any, and other authorized sources. In the absence of a physical examination, the IntelliConsult physician may not be aware of clinical findings or other circumstances that could affect the assessment, diagnosis, or recommended treatment;
b. an online consultation differs from a face-to-face medical examination and may be limited by the Information, documents, images, laboratory results, and other materials available to the IntelliConsult physician;
c. any diagnosis or assessment made through an online consultation may therefore be provisional and subject to confirmation or modification following physical examination, diagnostic testing, or further medical evaluation; and
d. an online consultation is not intended to substitute for a face-to-face medical evaluation when your symptoms, condition, or clinical circumstances require physical examination, diagnostic testing, emergency assessment, or other in-person medical care.

4. Public Health Reporting
You consent to the disclosure of Information concerning a notifiable disease or health event of public health concern, including COVID-19 when applicable, to persons or government authorities authorized to receive such Information for reporting, surveillance, contact tracing, infection-control, or other public health purposes, when required or permitted by applicable law.

5. Release and Limitation of Liability
You agree to hold the Company and its officers, directors, stockholders, employees, consultants, and physicians free and harmless from claims, suits, charges, fees, damages, or liabilities arising from or connected with:
a. the legitimate and authorized use of the IntelliConsult Clinic Management Services;
b. the lawful collection, access, use, processing, storage, or disclosure of your Information in accordance with this authorization and consent, the Data Privacy Act of 2012, its Implementing Rules and Regulations, applicable issuances of the National Privacy Commission, and other applicable laws;
c. your material omission, non-disclosure, falsification, or misrepresentation of relevant medical or occupational health information which affects the medical assessment, fitness determination, validation process, or service provided; and
d. death or bodily injury sustained without fault, negligence, or medical malpractice on the part of the Company or its officers, directors, stockholders, employees, consultants, or physicians.

Nothing in this provision shall be construed as a waiver of any right or remedy that cannot lawfully be waived under applicable law.