Terms and Conditions
The MEDLIST Platform ("Platform") offers you ("The Doctor") a digital solution accessible online via desktops and mobile devices, through which it can benefit from listing in the MEDLIST database. By registering on the Platform, the Doctor benefits from increased visibility among patients, having the opportunity to display relevant information about his medical activity, available specializations, working hours and other useful details.
These Terms and Conditions represent the provisions under which the Doctor may request, through the Platform, the provision of the Service (defined below) by the Provider (defined below).
1. DEFINITIONS
"Platform" - Web application that provides:
The User with access to an extensive database of doctors working in individual medical offices, clinics, polyclinics and partner hospitals of the Provider. This allows the identification and selection of the appropriate specialist doctor for his/her medical needs, making appointments based on updated availability, facilitating appointments for medical laboratory tests or imaging services;
The Doctor with a digital solution accessible online via desktops and mobile devices, through which he/she can benefit from being listed in the MEDLIST database. By registering on the Platform, the Doctor benefits from increased visibility among patients, having the possibility to display relevant information about his medical activity, available specializations, working hours and other useful details.
"Doctor" – The natural person who holds all the necessary legal authorizations for the provision of medical services on the territory of Romania and who has become a partner of the Provider by accepting these Terms and Conditions or by signing a contract that allows listing on the Platform, for a fee.
"User" - Any natural person who accesses and uses the MEDLIST Platform for personal purposes, in order to identify and select the appropriate specialist for his medical needs. The User has access to an extensive database of doctors working in individual medical offices, clinics, polyclinics and partner hospitals of the Provider and can make appointments based on updated availability, including for medical consultations, laboratory tests or imaging services.
“Personal Data” - Any information regarding the User that allows his/her identification, either directly or indirectly, such as name, surname, telephone number, e-mail address, geolocation and other similar data, provided by the User through the Platform, in order to make an appointment for a medical consultation.
“Intellectual Property Rights regarding the Platform” -All intellectual property rights held by the Provider regarding the Platform, including, but not limited to:
Copyrights over the software and other components of the Platform, as well as all rights acquired and legally protected regarding Platform;
Intellectual property rights, such as the registered trademark “MEDLIST”, according to the Registration Certificate no. 019062409 issued by the European Union Intellectual Property Office.
“Provider” - MEDLIST S.R.L., a Romanian legal entity, with its registered office located in the municipality of Bucharest, sector 1, str. Siriului no. 22-26, 3rd floor, registered in the Trade Register under no. J40/12436/2024, CUI 50273937.
"The Service" - digital promotion and facilitation of interaction with patients by the Provider in favor of the Doctor, consisting of:
listing the Doctor in its online database, available on the Platform, which ensures the public visibility of the Doctor within a network of medical units;
publishing relevant information about the Doctor – name, surname, professional title, years of experience, studies and professional training, specializations, languages spoken, name of the medical unit in which he/she works, professional photo, working hours, address, telephone number, personal website, e-mail, short presentation of the Doctor for the public profile (vision, mission, values) – on a dedicated page within the Platform;
facilitating access of Users to the services offered by the Doctor, by making search and selection functionalities available in the database criteria such as specialty, city or town where the Doctor works, gender, languages spoken, insurance, distance;
offering an online scheduling interface, callows Users to make direct appointments with the Doctor, depending on the availability set and updated by the Doctor on the Platform;
providing access to authentic reviews given to the Doctor on the Platform by Users.
2. CONCLUSION OF THE CONTRACT
2.1. Registration and use of the Platform or Services implies the express and unequivocal agreement of the Doctor regarding the use of the Service, which includes these Terms and Conditions, as well as the Privacy Policy, and their acceptance is equivalent to the conclusion of a contract between the Doctor and the Provider, hereinafter referred to as the "Contract".
2.2. The Doctor will have access to the Service provided by the Provider only after fulfilling the following conditions and completing the steps described below:
The Doctor accesses the website www.medlist.ro;
The Doctor carefully reads these Terms and Conditions and the attached Privacy Policy and expresses his/her agreement by checking the box "I agree with the Terms and Conditions and the Privacy Policy";
The Doctor creates an account by completing and transmitting correct and real information about him/her and related to each location where the Doctor carries out his/her activity (name, surname, professional title, years of experience, studies and professional training, specializations, languages spoken, name of the medical unit where he/she carries out his/her activity, professional photo, brief presentation of the Doctor for the public profile, respectively the vision, mission, values) and authentic contact data (working hours, address, telephone number, personal website, e-mail) that belong to him/her, according to registration form available on the Platform. The Doctor will also provide the Provider with the following information about the persons designated to use the Doctor's account: name and surname, city, telephone, e-mail;
The Doctor accesses his account for the first time using the email address and password created, which must not be disclosed to other persons than those designated by him to use the account.
In the event that the username and password are stolen or compromised, the Doctor is obliged to immediately notify the Provider by sending an e-mail to [email protected].
2.3. The contract will be considered concluded when the Doctor checks the box "I agree with the Terms and Conditions and the Privacy Policy".
3. PRICE
3.1. Use of the Platform and Services is free of charge for the Doctor. However, please note that the standard fees of your internet or mobile operator may apply, such as those for connecting to the network and browsing the internet.
3.2. To the extent that the Physician requests the Provider to provide additional or personalized services to those provided for in these Terms and Conditions – such as individualized promotion services, integration of dedicated technical solutions, consultancy on optimizing the online presence or other specific services – these will be the subject of a separate agreement. The terms of supply, duration, tariffs and any other relevant aspects regarding personalized services will be negotiated directly by the Parties and will be stipulated in a separate contract, concluded in writing, in compliance with applicable legal provisions.
3.3. To the extent that the Physician accepts the offer of paid services made available by the Provider – such as individualized promotion services, integration of dedicated technical solutions, consultancy on optimizing the online presence or other specific services – these will be the subject of a separate agreement. The terms of supply, duration, tariffs and any other relevant aspects regarding the respective services will be negotiated directly by the Parties and will be stipulated in a separate contract, concluded in writing, in compliance with the applicable legal provisions.
4. PROVISION OF THE SERVICE
4.1. The Provider undertakes to provide the Service to the Doctor, through the Platform.
4.2. The Service will be delivered in electronic format, by displaying the appointment made by the User to the Doctor, directly on the screen of the device used to access the Platform. The Doctor will also receive a notification by e-mail or SMS to confirm the appointment.
4.3. The Doctor understands and agrees that all Intellectual Property Rights over the Platform belong exclusively to the Provider. The Doctor does not acquire any intellectual property rights under this Agreement, but only benefits from a non-exclusive right of use, during the term of the Agreement, limited to accessing, identifying and managing appointments for medical consultations.
4.4. To the extent thatwho has expressed his/her agreement by making the professional photo of the Doctor available to the Provider, according to art. 2.2 letter c) of these Terms and Conditions, the Doctor understands that he/she grants the Provider a non-exclusive, territorially unlimited and free right to use, publish and display on the Platform the professional photo of the Doctor for the purpose of promoting the medical services provided through the Platform. The publication of these visual elements is done without the Doctor being able to request any financial compensation or other benefit from the Provider. The Doctor guarantees that he/she owns all intellectual property rights over the professional photo and the materials provided, assuming full liability for any claim made by third parties in connection with their use by the Provider.
5. LIMITATION OF LIABILITY
5.1. The Doctor declares and guarantees that all information provided to the Provider for listing on the Platform is current and consistent with reality, including, but not limited to: professional qualifications, professional photo, specializations, skills and experience, as well as the prices of the medical services displayed. The Doctor assumes full responsibility for the veracity and legality of the data transmitted, including for compliance with legal requirements regarding the right of doctors to practice the medical profession in accordance with applicable legislation. Any discrepancy between the information provided and reality, which may negatively affect the Users, the image of the Provider or the operation of the Platform, shall be the exclusive responsibility of the Doctor and may lead, as the case may be, to the suspension or unilateral termination of the collaboration.
5.2. The Doctor assumes full responsibility for managing, honoring and respecting the appointments made by Users through the Platform, in accordance with the information displayed and the availability declared by the Doctor. The Doctor understands and accepts that failure to comply with the appointment schedule – including through repeated cancellations, unjustified delays or failure to provide medical services as agreed – may have negative consequences on his reputation within the Platform, through the publication of reviews, ratings or comments from Users. These reviews, once published, are publicly visible and can be accessed by any person using the Platform, without the intervention of the Provider in their content, except in situations where they are found to be false, offensive or inconsistent with the rules of the Platform, in which case the Provider reserves the right to intervene according to its editorial policy.
5.3. The content obtained or received by the Doctor from the Provider, its employees, contractors, partners or sponsors will be used exclusively for informational purposes and for the management of medical consultation appointments.
5.4. The Doctor is solely responsible for the correct, complete and timely updating of information regarding the availability of appointments (including dates, time slots and schedule changes) in the dedicated interface within the Platform. The Doctor understands that failure to update or incorrect updating of this information by the designated personnel (operators, receptionists, coordinators, etc.) may lead to overlapping appointments, the impossibility of honoring consultations or other dysfunctions in the relationship with the Users. In this context, the Doctor assumes full responsibility for any inconvenience generated to the Users as a result of these omissions or errors, including for any negative reviews or damage to their own image on the Platform.
5.5. The Physician understands and accepts that the Provider has no control over and has no obligation to intervene in relation to:
Users accessing the Platform and/or the Services;
The content accessed by the User through the Platform or Services;
The effects that the content accessed through the Platform or Services may have on the Physician;
The manner in which the Physician interprets or uses the content available on the Platform or through the Services;
The actions taken by the Physician as a result of accessing the content on the Platform or from the Services;
The content, accuracy, compliance with copyrights, legality or decency of materials and information accessible through links to other sites available on the Platform.
5.6. The Provider provides the Platform and the Services "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE". We do not provide any warranty, express or implied, regarding these Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR SERVICES. ANY OTHER WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.FITNESS FOR A PARTICULAR PURPOSE OR NEED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFICIENT, SECURE, ACCURATE OR IN ACCORDANCE WITH YOUR EXPECTATIONS.
5.7. The Doctor understands that the provision of the Services may be subject to changes or interruptions and accepts that the Provider cannot be held liable for such situations.
5.8. The Provider does not assume responsibility for interruptions in the operation of the Platform that occur during updates, maintenance or improvements, for lack of internet connectivity or for other situations in which access to the Platform is affected due to technical problems beyond the control of the Provider.
5.9. The Provider cannot be held liable for any indirect, special, incidental or consequential damages resulting from the use or inability to use the Platform.
6. DURATION AND TERMINATION OF THE CONTRACT
6.1. The contract is considered concluded for an indefinite period.
6.2. The doctor has the right to terminate the use of the Platform at any time, without any additional obligation.
6.3. The Provider reserves the right to temporarily suspend, until the situation is clarified, or to permanently suspend the Doctor's access to the Platform, without prior notice, in the following situations:
If it finds or has reasonable suspicions that the provisions of these Terms and Conditions or other policies published on the Platform are not respected by the Clinic;
In the event of non-use of the account for a long period, considered by the Provider as indicative of disinterest or abandonment of the account, with a negative impact on the functionality or image of the Platform;
If the Doctor provides false or inaccurate information in the registration process or in the administration of the account - including, but not limited to, using a first and last name of the Doctor that does not belong to him or is not officially recognized, or providing contact data (email address, phone number) that are not valid, do not belong to the Doctor or cannot be used for effective communication;
If abusive, fraudulent or contrary to purpose use is detected legitimate use of the Platform, including the use of services for purposes other than promoting the Doctor's medical activity and facilitating interaction with Users.
6.4. The Provider is free to adopt such measures to protect the integrity of the Platform, the experience of Users and public trust, without being required to provide compensation or damages for restricting access under the terms of this clause.
6.5. The Doctor understands that, after the termination of the Contract, he/she no longer has the right to use the Platform.
6.6. In all the cases mentioned above, the Contract will terminate, but the provisions of sections 5, 8 and 9 will still remain applicable.
7. STATEMENT CONCERNING PERSONAL DATA
7.1. In accordance with the provisions of Regulation (EU) 679/2016 (GDPR), the Provider will collect the personal data of the Doctor and of the persons designated to use the Doctor's account (name and surname, city, telephone, e-mail) exclusively for the purpose of creating the Doctor's user account.
According to this Contract, the Provider processes the personal data of the Doctor and of the persons designated to use the Doctor's account, as a controller, in accordance with Regulation (EU) 679/2016.
In this regard, the Provider undertakes to comply with the following obligations:
To act strictly for the purpose of performing the Service;
To implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, modification, disclosure or unauthorized access, as well as against any other form of illegal processing.
7.2. By accessing and using the Platform, duly completing and submitting the form available within it, the Doctor confirms that he and the persons designated to use the Doctor's account have expressed their explicit and unequivocal consent for the Provider to process their personal data for the purpose mentioned above.
7.3. The Provider will process the personal data of the Doctor and the persons designated to use the Doctor's account for the entire period necessary to achieve the aforementioned purpose and, subsequently, in accordance with applicable legislation.
In accordance with the provisions of Regulation (EU) 679/2016 (GDPR), the Doctor and the persons designated to use the Doctor's account, as data subjects, benefit from the following rights:
The right to obtain from the Provider, upon request and free of charge, confirmation that his personal data are ornot processed, as well as the rectification, updating, blocking or deletion of data whose processing does not comply with Regulation (EU) 679/2016. This right also includes the transformation of incomplete or inaccurate data into anonymous data, as well as the notification of third parties to whom the data have been disclosed of any operation carried out in accordance with the aforementioned.
The right to object at any time, for justified and legitimate reasons relating to his personal situation, to the processing of his data, except in cases where there are legal provisions to the contrary. In the event of a justified objection, the processing of such data will no longer be carried out.
The right to object at any time, free of charge and without any justification, to the processing of his/her data for direct marketing purposes, either on behalf of the Provider or a third party, or to their disclosure to third parties for such purposes.
The right to request and obtain the withdrawal or annulment of any decision that produces legal effects concerning him/her, adopted exclusively on the basis of automated processing of personal data, intended to evaluate personal aspects, such as professional competence, credibility or behavior. He/she also has the right to re-evaluate similar decisions that significantly affect him/her, if they were adopted exclusively on the basis of automated data processing.
The right to address the National Supervisory Authority for the Processing of Personal Data and/or the courts for the defense of the rights guaranteed by Regulation (EU) 679/2016.
7.4. To exercise these rights, the Doctor and the persons designated to use the Doctor's account may contact the Provider by e-mail at [.]. Refusal to provide the personal data necessary to achieve the above-mentioned purpose, as well as the subsequent request to delete the personal data of the Doctor and the persons designated to use the Clinic's account, will lead to the deletion of the personal data from the system and the impossibility of accessing the Service through the Platform.
7.5. If some of the data provided by the Doctor is incorrect, the Doctor and the persons designated to use the Doctor's account are asked to contact the Provider as soon as possible to correct them.
7.6. The transfer of personal data of Users who are individuals who make medical appointments through the Platform between Medlist, as an independent operator and exclusive administrator of the Platform, and the Doctor, as the Recipient Operator, is carried out exclusively in the context of the need to provide the medical service contracted by the User through the Platform. The transfer of personal data of individual Users is subject to compliance with the provisions of the transfer agreement, established in the form of Annex I to these Terms and Conditions, the applicable legislation on the protection of personal data and the terms imposed by Medlist.
8. APPLICABLE LAW AND COMPETENT COURT
8.1. The use of the online Platform and/or the Application, the listing of the Doctor, as well as the management of Users' appointments for medical consultations and the conclusion of the Contract are regulated and interpreted in accordance with Romanian law.
8.2. Any dispute related to the use of the Platform or the Contract will first be attempted to be resolved amicably. If the parties do not reach an agreement, the dispute will be definitively resolved by the competent Romanian court.
8.3. Consumers benefit from the rights conferred by the legislation in force, and they cannot waive these rights. Any contractual clauses that limit or exclude the legal rights of consumers will be considered null and void and will not have any effect on them.
9. OTHER PROVISIONS
9.1. The Provider reserves the right to modify or supplement these Terms and Conditions at any time, and the modifications/supplements will be published on the Platform. Continuing to use the Platform after the entry into force of these modifications/supplements constitutes the Doctor's acceptance to comply with the new provisions. The Doctor is encouraged to periodically check these Terms and Conditions.
IN THE EVENT THAT THE DOCTOR DOES NOT WANT TO ACCEPT THE TERMS AND CONDITIONS, INCLUDING THESE MODIFICATIONS/SUPPLICATIONS, HE IS OBLIGED TO Cease Using the PLATFORM AND THE SERVICES OFFERED.
9.2. The Platform, the Services, including, but not limited to, any modifications, additions, revisions and/or derivatives thereof, as well as the related intellectual property rights, are owned by the Provider and protected by applicable copyright, trademark and other legal regulations and treaties.international.
9.3. The Doctor understands that the fees for medical consultations are fully borne by the User and that any dispute between the User and the Doctor will be resolved directly with the User, without the involvement of the Provider.
9.4. The Doctor undertakes to use the data and information available on the Platform exclusively for professional purposes, as a medical service provider.
9.5. The Provider informs the Doctor that it will carry out marketing activities and will transmit information in this regard only if the Doctor has expressed his explicit consent, by checking the relevant box in the dedicated section.
The Doctor expressly agrees to these Terms and Conditions and the Privacy Policy.
ANNEX I - PERSONAL DATA TRANSFER AGREEMENT
I. The parties to the agreement are MEDLIST S.R.L., a Romanian legal entity, with its registered office located in the municipality of Bucharest, sector 1, Siriului Street no. 22-26, 3rd floor, registered in the Trade Register under no. J40/12436/2024, with the unique registration code 50273937, e-mail [email protected], legally represented by the administrator, Musellim Erman, hereinafter referred to as the "Transferring Operator" or "Medlist",
and
The Doctor, hereinafter referred to as the "Recipient Operator",
together referred to as the "Parties" and individually as the "Party".
II. Definitions
All terms used in this agreement have the meaning defined by Regulation (EU) 2016/679. For clarity, the following specific definitions are introduced:
“GDPR” / “Regulation” Regulation (EU) 2016/679 of the European Parliament and of the Council 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;
“personal data” means any information relating to a natural person and which can lead to the identification of that person, such as (but not limited to): a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
“data subject” means any natural person who is a citizen of a country which is a member of the European Union;
"transfer "data processing" means any disclosure or making available of personal data by an operator or processor to another entity outside its organizational structure; "processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; "platform" means the website www.medlist.ro, managed by the Transferring Operator; "user" means any natural person, citizen of a country that is a member of the European Union who accesses the website www.medlist.ro, creates an account account on this site and makes an appointment at the clinics or doctors listed on www.medlist.ro;
"appointment" means the act of selection and reservation made by a user, through the www.medlist.ro platform, of a consultation, investigation or other medical service offered by a provider (the Recipient Operator), for a specific date, time and location. The appointment implies the expression of the intention to access the medical service and involves the collection of personal data in order to identify the user and transmit the relevant information to the selected provider.
III. Subject matter of the agreement
3.1. This agreement regulates in detail the manner and conditions in which Medlist, as an independent operator and exclusive administrator of the Platform, transfers to the Recipient Operator the personal data of individual users who make medical appointments through the platform.
3.2. The transfer is carried out exclusively in the context of the need to provide the medical service contracted by the user through the Platform and is strictly subject to compliance with the provisions of this agreement and applicable legislation.regarding data protection and the terms imposed by Medlist.
3.3. Medlist holds and exercises full operational and legal control over the Platform, including the data processing architecture, information flows and technical means of accessing data by the Recipient Operator. In this capacity, Medlist is the only entity competent to define:
the typology and categories of personal data that may be collected and transferred;
the time and conditions of transfer to the Recipient Operator;
the technical means of access and related limitations;
the permitted purposes of processing and associated prohibitions.
3.4. The Recipient Operator accepts and acknowledges that any access to the transferred personal data is subject to strict compliance with the limitations imposed by Medlist and that it does not acquire, through this agreement, any right of disposal, reuse, further processing or extended storage of the data, other than those expressly permitted.
3.5. In all cases, Medlist reserves the right to modify, suspend or limit data flows, access conditions and processing purposes, without prejudice to the rights of the data subjects, and the Recipient Operator is obliged to promptly comply with any such updates.
IV. Nature and purpose of processing
4.1. The transfer is in the nature of a punctual, individualized and time-limited transfer, carried out exclusively in the context of a valid appointment by a user of the Platform. Personal data are transmitted by Medlist to the Recipient Operator only to the extent that they are strictly necessary to identify the data subject and ensure the provision of the scheduled medical service.
4.2. Once the transfer is completed, the Recipient Operator becomes exclusively responsible for the subsequent processing of the personal data received, assuming all obligations arising from its capacity as an independent operator under the GDPR.
4.3. Medlist is not liable under any circumstances for the actions, inactions or subsequent decisions of the Recipient Operator with regard to the transferred data, and any use thereof outside the purpose strictly related to medical scheduling falls under the exclusive responsibility of the Recipient Operator.
4.4. It is expressly prohibited to use the data for any other purpose, including marketing, profiling, research or other commercial purposes, without prior obtaining a valid, specific, informed and freely expressed consent from the data subject. The obligation to inform, document and preserve evidence of this consent lies entirely with the Recipient Operator.
4.5. Any use of the data outside the stated purpose, without the consent of the data subject, will constitute a serious breach of this agreement, attracting the full and exclusive liability of the Recipient Operator for any damage caused to the data subject or Medlist, including from the perspective of sanctions applicable by the supervisory authorities.
V. Categories of data transferred
5.1. The transfer will include exclusively those personal data that are strictly necessary for the correct identification of the data subject and for the completion of the related medical appointment, as it was made by the user through the Platform. These may include, as appropriate:
Identification data: name, surname;
Contact data: telephone number, e-mail address;
Schedule data: date and time of appointment, type of medical service requested, doctor or specialty chosen, selected medical unit;
Medical data or other sensitive information, voluntarily completed by the data subject in the appointment form, relevant to the medical act or necessary for the provision of the service (e.g. symptoms, mentions of existing conditions, preferences for the doctor, special requirements, etc.).
5.2. The transferred data are collected by Medlist exclusively through the Platform, following a voluntary and informed action by the user. Medlist will transfer to the Recipient Operator only those data provided by the data subject expressly for the purpose of the appointment, without collecting, storing or transferring data in excess of the declared purpose.
5.3. After the transfer, the entire responsibility for the processing of these data lies with the Recipient Operator, who is obliged:
to use them exclusively for the purpose of providing the medical service related to the appointment;
not to process them subsequently for other purposes without the valid consent of the data subject;
to implement appropriate technical and organizational measures for the protection of these data;
to comply with the applicable legislation on data protection, includingin terms of their retention, archiving, access and deletion.
5.4. Any use of the transferred data for secondary purposes (e.g. marketing, surveys, profiling, research) is prohibited without the prior, explicit and informed consent of the data subject. In this context, the Recipient Operator will act independently and solely responsible, without the involvement or liability of Medlist.
VI. Legal basis
6.1. The transfer of personal data from Medlist to the Recipient Operator is carried out in accordance with Regulation (EU) 2016/679 (GDPR), namely "processing is necessary for the performance of a contract to which the data subject is a party".
6.2. Specifically, the act of medical scheduling carried out by the data subject through the Platform constitutes a clear step on his part to conclude a contract for the provision of a medical service with a specific provider - namely the Recipient Operator. The transfer of data to this operator is therefore necessary and indispensable for fulfilling the appointment and providing the requested service.
6.3. At the same time, with regard to the obligations regarding transparency, Medlist ensures complete and prior information to the user, in accordance with art. 13 GDPR, through the Policy on the processing of personal data, permanently available on the Platform.
6.4. Medlist ensures that, at the time of making the appointment, the user is informed in a transparent manner and has the opportunity to consult the privacy policy and the terms regarding data protection. In this regard, Medlist fulfills its legal obligations related to its role as operator in the collection and transfer stage.
6.5. After the transfer, the Recipient Operator becomes solely responsible for the compliance of the subsequent processing, including for respecting the rights of the data subject and for obtaining any additional consent, in situations where it intends to process the data for purposes other than those related to the execution of the programming.
VII. Quality of independent operators
7.1. Each Party acts as an independent operator, having the exclusive competence to establish, autonomously, its own purposes and means of processing the personal data that are incumbent on it. The data transfer carried out by Medlist does not generate any relationship of operator - person empowered between the Parties.
7.2. Medlist is not responsible for the processing carried out by the Recipient Operator after the transfer, including, but not limited to, the storage, use, disclosure, modification or deletion of data. All these operations are the exclusive responsibility of the Recipient Operator, in accordance with its legal obligations as an independent operator under the GDPR.
VIII. Obligations of the Recipient Operator
The Recipient Operator, as an independent operator who receives the personal data transferred by Medlist, undertakes to comply with the following essential obligations regarding the processing and protection of this data:
To use personal data exclusively for the purpose of fulfilling the programming made by the user through the Platform and for the provision of the related medical service, without extending the purpose of processing beyond those expressly provided for in this agreement;
To comply with the legal deadlines for the retention of personal data, according to the applicable regulations in the health field, and to have measures to delete or anonymize the data as soon as they are no longer necessary for the initial purpose or there is no longer a legal obligation to retain them;
To not transfer, disclose, share or make available to other entities the personal data received from Medlist, without the express and prior consent of Medlist and, where applicable, of the data subject;
To implement and maintain appropriate technical and organizational measures, proportionate to the risks involved, to ensure the confidentiality, integrity, availability and security of personal data throughout the processing;
To inform Medlist, without undue delay and no later than 12 hours after becoming aware of it, of any security incident, unauthorized access, loss, compromise or disclosure of transferred data, providing all the details necessary to assess the situation;
To allow, at the justified request of Medlist, the conduct of audits or documentary checks on the manner in which the obligations assumed by this agreement are complied with, with regard to the transferred data, including by making available the relevant documentation regarding data protection.
IX. Rights of individualsdata subjects
Medlist will cooperate with the Recipient Operator in processing requests received from data subjects, in accordance with the GDPR. Any request received by the Recipient Operator related to personal data transferred through the Platform will be immediately transmitted to Medlist, without being analyzed, modified or resolved without the express approval of Medlist. The parties will cooperate reasonably to respond to requests within the applicable legal deadlines.
X. Duration of the agreement
This agreement enters into force on the date of signing and remains valid for the entire duration of the use of the Platform by the Recipient Operator. Medlist reserves the right to unilaterally terminate the agreement at any time, in particular in the event of a significant non-compliance, a security breach or any behavior that endangers the confidentiality or integrity of personal data.
XI. Confidentiality
The Parties undertake to treat all information accessed or transmitted under this agreement as strictly confidential. The Recipient Operator will take all necessary measures to prevent unauthorized disclosure, including to employees, collaborators or third parties. Any breach of the confidentiality obligation shall entail the exclusive liability of the Recipient Operator.
XII. Liability
The Recipient Operator is directly and fully liable for any damage, sanction, fine or dispute generated by the non-compliant or unauthorized processing of the transferred personal data. Medlist is exempted from any form of legal, financial or reputational liability in connection with the operations performed by the Recipient Operator after the transfer of the data.
XII. Applicable law and dispute resolution
This agreement is governed by the provisions of Regulation (EU) 2016/679, as well as by Romanian legislation in force. Any dispute arising between the Parties in connection with the interpretation or execution of this Agreement shall be settled amicably, and in the absence of an agreement, it shall be referred to the competent courts at the headquarters of Medlist.
XV. Final Provisions
Any amendment to this Agreement shall be made only in writing, with the consent of both Parties. The Agreement is concluded in two original copies, one for each Party, both having the same legal value. If any provision of the agreement becomes invalid or unenforceable, the remaining provisions shall remain valid.
The Physician expressly agrees to the Personal Data Transfer Agreement.
Clinical Terms and Conditions
The MEDLIST Platform ("Platform") offers your clinic ("Clinic") a digital solution accessible online via desktops and mobile devices, through which it can benefit from listing in the MEDLIST database. By registering on the Platform, the Clinic benefits from increased visibility among patients, having the opportunity to display relevant information about its medical activity, including the profiles of collaborating doctors, available specializations, working hours and other useful details.
These Terms and Conditions represent the provisions under which the Clinic may request, through the Platform, the provision of the Service (defined below) by the Provider (defined below).
1. DEFINITIONS
"Platform" - Web application that provides:
The User with access to an extensive database of doctors working in individual medical offices, clinics, polyclinics and partner hospitals of the Provider. This allows the identification and selection of the right specialist for their medical needs, making appointments based on updated availability, facilitating appointments for medical laboratory tests or imaging services;
Clinics a digital solution accessible online via desktops and mobile devices, through which they can benefit from being listed in the MEDLIST database. By registering on the Platform, the Clinic benefits from increased visibility among patients, having the opportunity to display relevant information about its medical activity, including the profiles of collaborating doctors, available specializations, working hours and other useful details.
"Clinic" - Any private entity under Romanian law, either a company or an individual medical practice, which holds all the necessary legal authorizations for the provision of medical services on the territory of Romania and which has become a partner of the Provider by accepting these Terms and Conditions or by signing a contract thatallows listing on the Platform, for a fee.
"User" - Any natural person who accesses and uses the MEDLIST Platform for personal purposes, in order to identify and select the appropriate specialist for their medical needs. The User has access to an extensive database of doctors working in individual medical offices, clinics, polyclinics and partner hospitals of the Provider and can make appointments based on updated availability, including for medical consultations, laboratory tests or imaging services.
“Personal Data” - Any information regarding the User that allows his/her identification, either directly or indirectly, such as name, surname, telephone number, e-mail address, geolocation and other similar data, provided by the User through the Platform, in order to make an appointment for a medical consultation.
“Intellectual Property Rights regarding the Platform” -All intellectual property rights held by the Provider regarding the Platform, including, but not limited to:
Copyrights over the software and other components of the Platform, as well as all rights acquired and legally protected regarding Platform;
Intellectual property rights, such as the registered trademark “MEDLIST”, according to the Registration Certificate no. 019062409 issued by the European Union Intellectual Property Office.
“Provider” - MEDLIST S.R.L., a Romanian legal entity, with its registered office located in the municipality of Bucharest, sector 1, str. Siriului no. 22-26, 3rd floor, registered in the Trade Register under no. J40/12436/2024, CUI 50273937.
The "Service" - digital promotion and facilitation of interaction with patients by the Provider in favor of the Clinic, consisting of:
listing the Clinic in its online database, available on the Platform, which ensures the public visibility of the Clinic within a network of medical units;
publishing relevant information about the Clinic – name, logo, date of establishment, number of collaborating doctors, including profiles of collaborating doctors, photos of collaborating doctors, specializations, opening hours, address, reception phone number, website, e-mail, short presentation of the Clinic for the public profile (the story of the clinic, vision, mission, values) – on a dedicated page within the Platform;
facilitating Users' access to the services offered by the Clinic, by providing search and selection functionalities based on criteria such as specialty, city or town where the Clinic operates, gender of the collaborating doctor, languages spoken by the collaborating doctor, insurance, distance;
providing an online scheduling interface, which allows Users to directly make appointments with the Clinic's collaborating doctors, depending on the availability set and updated by the Clinic on the Platform;
providing access to authentic reviews given to the Clinic or the Clinic's collaborating doctors on the Platform by Users.
2. CONCLUSION OF THE CONTRACT
2.1. Registration and use of the Platform or Services implies the Clinic's express and unequivocal agreement to use the Service, which includes these Terms and Conditions, as well as the Privacy Policy, and acceptance thereof is equivalent to the conclusion of a contract between the Clinic and the Provider, hereinafter referred to as the "Contract".
2.2. The Clinic will have access to the Service provided by the Provider only after fulfilling the following conditions and completing the steps described below:
The Clinic accesses the website www.medlist.ro;
The Clinic carefully reads these Terms and Conditions and the attached Privacy Policy and expresses its agreement by checking the box "I agree with the Terms and Conditions and the Privacy Policy";
The Clinic creates an account by completing and submitting correct and real information about it and related to each location where the Clinic operates (name, logo, date of establishment, number of collaborating doctors, including profiles of collaborating doctors, photos of collaborating doctors, specializations, brief presentation of the Clinic for the public profile, respectively the story of the clinic, vision, mission, values) and authentic contact data (opening hours, address, reception phone number, website, e-mail) that belong to it, according to the registration form available on Platform. The Clinic will also provide the Provider with the following information about the persons designated to use the Clinic's account: name and surname, city, telephone, e-mail;
The Clinic accesses its account for the first time using the email address and password created, which must not be disclosed to other persons than those designated by it to use the account.
In the event that the username and password are stolen or compromised, the Clinic is obliged to immediately notify the Provider by sending an e-mail to [email protected].
2.3. The contract will be considered concluded when the Clinic checks the box "I agree to the Terms and Conditions and the Privacy Policy".
3. PRICE
3.1. Use of the Platform and the Services is free of charge for the Clinic. However, please note that the standard fees of your internet or mobile operator may apply, such as those for connecting to the network and browsing the internet.
3.2. To the extent that the Clinic requests the Provider to provide additional or personalized services to those provided for in these Terms and Conditions – such as individualized promotion services, integration of dedicated technical solutions, consultancy on optimizing the online presence or other specific services – these will be the subject of a separate agreement. The terms of supply, duration, tariffs and any other relevant aspects regarding personalized services will be negotiated directly by the Parties and will be stipulated in a separate contract, concluded in writing, in compliance with applicable legal provisions.
3.3. To the extent that the Clinic accepts the offer of paid services made available by the Provider – such as individualized promotion services, integration of dedicated technical solutions, consultancy on optimizing the online presence or other specific services – these will be the subject of a separate agreement. The terms of supply, duration, tariffs and any other relevant aspects regarding the respective services will be negotiated directly by the Parties and will be stipulated in a separate contract, concluded in writing, in compliance with the applicable legal provisions.
4. PROVISION OF THE SERVICE
4.1. The Provider undertakes to provide the Clinic Service, through the Platform.
4.2. The Service will be delivered in electronic format, by displaying the appointment made by the User with the selected doctor, a collaborator of the Clinic, directly on the screen of the device used to access the Platform. The Clinic will also receive a notification by e-mail or SMS to confirm the appointment.
4.3. The Clinic understands and agrees that all Intellectual Property Rights over the Platform belong exclusively to the Provider. The Clinic does not acquire any intellectual property rights under this Agreement, but only benefits from a non-exclusive right of use, for the duration of the Agreement, limited to accessing, identifying and managing appointments for medical consultations.
4.4. To the extent that it has expressed its agreement by making the Clinic's logo available to the Provider, according to art. 2.2 letter c) of these Terms and Conditions, the Clinic understands that it grants the Provider a non-exclusive, territorially unlimited and free right to use, publish and display on the Platform the Clinic's logo and/or the photos of the collaborating doctors for the purpose of promoting the medical services provided through the Platform. The publication of these visual elements is done without the Clinic being able to request any financial compensation or other benefit from the Provider. The Clinic guarantees that it owns all intellectual property rights to the logo and materials provided, assuming full responsibility for any claim made by third parties in connection with their use by the Provider.
5. LIMITATION OF LIABILITY
5.1. The Clinic declares and guarantees that all information provided to the Provider for listing on the Platform is current and consistent with reality, including, but not limited to: professional qualifications, photos of collaborating doctors, specializations, skills and experience of collaborating doctors, as well as prices for the medical services displayed. The Clinic assumes full responsibility for the veracity and legality of the data transmitted, including for compliance with legal requirements regarding the right of doctors to practice the medical profession in accordance with applicable legislation. Any discrepancy between the information provided and reality, which may negatively affect the Users, the Provider's image or the functioning of the Platform, shall be the exclusive responsibility of the Clinic and may lead, as the case may be, to the suspension or unilateral termination of the collaboration.
5.2. The Clinic assumes full responsibility for the management, honoring and compliance with the appointments made by the User.through the Platform, in accordance with the information displayed and the availability declared by the Clinic. The Clinic understands and accepts that failure to comply with the appointment schedule – including through repeated cancellations, unjustified delays or failure to provide medical services as agreed – may have negative consequences on its reputation within the Platform, through the publication of reviews, ratings or comments from Users. These reviews, once published, are publicly visible and can be accessed by any person using the Platform, without the Provider's intervention in their content, except in situations where they are found to be false, offensive or inconsistent with the Platform's rules, in which case the Provider reserves the right to intervene in accordance with its editorial policy.
5.3. The content obtained or received by the Clinic from the Provider, its employees, contractors, partners or sponsors will be used exclusively for informational purposes and for the management of medical consultation appointments.
5.4. The Clinic is solely responsible for the correct, complete and timely updating of information regarding the availability of appointments (including dates, time slots and schedule changes) in the dedicated interface within the Platform. The Clinic understands that failure to update or incorrect updating of this information by the designated personnel (operators, receptionists, coordinators, etc.) may lead to overlapping appointments, the impossibility of honoring consultations or other dysfunctions in the relationship with the Users. In this context, the Clinic assumes full responsibility for any inconvenience generated to the Users as a result of these omissions or errors, including for any negative reviews or damage to its own image on the Platform.
5.5. The Clinic understands and accepts that the Provider has no control over and has no obligation to intervene in relation to:
Users who access the Platform and/or the Services;
The content accessed by the User through the Platform or Services;
The effects that the content accessed through the Platform or Services may have on the Clinic;
The way in which the Clinic interprets or uses the content available on the Platform or through the Services;
The actions taken by the Clinic as a result of accessing the content on the Platform or from the Services;
The content, accuracy, compliance with copyrights, legality or decency of materials and information accessible through links to other sites available on the Platform.
5.6. The Provider provides the Platform and the Services "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE". We do not provide any warranty, express or implied, regarding these Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR SERVICES. ANY OTHER WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE OR NEED, ARE DISCLAIMED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFICIENT, SECURE, ACCURATE OR IN ACCORDANCE WITH YOUR EXPECTATIONS.
5.7. The Clinic understands that the provision of the Services may be subject to changes or interruptions and accepts that the Provider cannot be held liable for such situations.
5.8. The Provider does not assume responsibility for interruptions in the functioning of the Platform that occur during updates, maintenance or improvements, for lack of internet connectivity or for other situations in which access to the Platform is affected due to technical problems beyond the Provider's control.
5.9. The Provider cannot be held liable for any indirect, special, incidental or consequential damages resulting from the use or inability to use the Platform.
6. DURATION AND TERMINATION OF THE CONTRACT
6.1. The Contract is considered concluded for an indefinite period.
6.2. The Clinic has the right to terminate the use of the Platform at any time, without any additional obligation.
6.3. The Provider reserves the right to temporarily suspend, until the situation is clarified, or to permanently suspend the Clinic's access to the Platform, without prior notice, in the following situations:
If it finds or has reasonable suspicions that the provisions of these Terms and Conditions or other policies published on the Platform are not respected by the Clinic;
In the event of non-use of the account for a long period, considered by the Provider as indicative of disinterest or abandonment of the account, with a negative impact on the functionality or image of the Platform;
If the Clinic provides false or inaccurate information in the registration process or in the administrationaccount – including, but not limited to, using an officially unrecognized Clinic name, or providing contact details (email address, phone number) that are not valid, do not belong to the Clinic or cannot be used for effective communication;
If abusive, fraudulent or contrary to the legitimate purpose of the Platform is detected, including the use of services for purposes other than promoting the Clinic's medical activity and facilitating interaction with Users.
6.4. The Provider is free to adopt such measures to protect the integrity of the Platform, the Users' experience and public trust, without being required to provide compensation or damages for restricting access under the terms of this clause.
6.5. The Clinic understands that, after the termination of the Contract, it no longer has the right to use the Platform.
6.6. In all the cases mentioned above, the Contract will terminate, but the provisions of sections 5, 8 and 9 will still apply.
7. STATEMENT CONCERNING PERSONAL DATA
7.1. In accordance with the provisions of Regulation (EU) 679/2016 (GDPR), the Provider will collect the personal data of the persons designated to use the Clinic account (name and surname, city, telephone, e-mail) exclusively for the purpose of creating the Clinic user account.
According to this Contract, the Provider processes the personal data of the persons designated to use the Clinic account, as a controller, in accordance with Regulation (EU) 679/2016.
In this regard, the Provider undertakes to comply with the following obligations:
To act strictly for the purpose of performing the Service;
To implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, modification, disclosure or unauthorized access, as well as against any other form of illegal processing.
7.2. By accessing and using the Platform, completing the form available within it and submitting it, the Clinic confirms that the persons designated to use the Clinic's account have expressed their explicit and unequivocal consent for the Provider to process their personal data for the purpose mentioned above.
7.3. The Provider will process the personal data of the persons designated to use the Clinic's account for the entire period necessary to achieve the aforementioned purpose and, subsequently, in accordance with applicable legislation.
In accordance with the provisions of Regulation (EU) 679/2016 (GDPR), the persons designated to use the Clinic's account, as data subjects, benefit from the following rights:
The right to obtain from the Provider, upon request and free of charge, confirmation that their personal data are or are not being processed, as well as the rectification, updating, blocking or deletion of data whose processing does not comply with Regulation (EU) 679/2016. This right also includes the transformation of incomplete or inaccurate data into anonymous data, as well as the notification of third parties to whom the data have been disclosed of any operation carried out in accordance with the aforementioned.
The right to object at any time, for justified and legitimate reasons relating to his personal situation, to the processing of his data, except in cases where there are legal provisions to the contrary. In the event of a justified opposition, the processing of said data will no longer be carried out.
The right to object at any time, free of charge and without any justification, to the processing of his data for direct marketing purposes, either on behalf of the Provider or of a third party, or to their disclosure to third parties for such purposes.
The right to request and obtain the withdrawal or annulment of any decision which produces legal effects concerning him, adopted exclusively on the basis of automated processing of personal data, intended to evaluate personal aspects, such as professional competence, credibility or conduct. He also has the right to re-evaluate similar decisions that significantly affect him, if they were adopted exclusively on the basis of automated data processing.
The right to address the National Supervisory Authority for the Processing of Personal Data and/or the courts for the defense of the rights guaranteed by Regulation (EU) 679/2016.
7.4. To exercise these rights, the persons designated to use the Clinic account may contact the Provider by e-mail, at [.]. Refusal to provide the personal data necessary to achieve the above-mentioned purpose, as well as the subsequent request to delete the personal data of the persons designated to use the Clinic account, will lead to the deletion of the personal dataof the system and the impossibility of accessing the Service through the Platform.
7.5. If some of the data provided by the Clinic is incorrect, the persons designated to use the Clinic's account are asked to contact the Provider as soon as possible to correct them.
7.6. The transfer of personal data of Users who are individuals who make medical appointments through the Platform between Medlist, as an independent operator and exclusive administrator of the Platform, and the Clinic, as the Recipient Operator, is carried out exclusively in the context of the need to provide the medical service contracted by the User through the Platform. The transfer of personal data of Users who are individuals is subject to compliance with the provisions of the transfer agreement, established in the form of Annex I to these Terms and Conditions, with the applicable legislation on the protection of personal data and with the terms imposed by Medlist.
8. APPLICABLE LAW AND COMPETENT COURT
8.1. The use of the online Platform and/or the Application, the listing of the Clinic and its collaborating doctors, as well as the management of Users' appointments for medical consultations and the conclusion of the Contract are regulated and interpreted in accordance with Romanian law.
8.2. Any dispute related to the use of the Platform or the Contract will first be attempted to be resolved amicably. If the parties do not reach an agreement, the dispute will be definitively resolved by the competent Romanian court.
8.3. Consumers benefit from the rights conferred by the legislation in force, and they cannot waive these rights. Any contractual clauses that limit or exclude the legal rights of consumers will be considered null and void and will not have any effect on them.
9. OTHER PROVISIONS
9.1. The Provider reserves the right to modify or supplement these Terms and Conditions at any time, and the modifications/supplements will be published on the Platform. Continuing to use the Platform after the entry into force of these amendments/supplements constitutes the Clinic's acceptance to comply with the new provisions. The Clinic is encouraged to periodically check these Terms and Conditions.
IN THE EVENT THAT THE CLINIC DOES NOT WANT TO ACCEPT THE TERMS AND CONDITIONS, INCLUDING THESE AMENDMENTS/SUPPLICATIONS, IT IS OBLIGED TO Cease Using the PLATFORM AND THE SERVICES OFFERED.
9.2. The Platform, the Services, including, but not limited to, any amendments, supplements, revisions and/or derivatives thereof, as well as the related intellectual property rights, are owned by the Provider and protected by applicable copyright, trademark and other legal regulations and international treaties.
9.3. The Clinic understands that the fees for medical consultations are fully borne by the User and that any dispute between the User and the Clinic will be resolved directly with the User, without the involvement of the Provider.
9.4. The Clinic undertakes to use the data and information available on the Platform exclusively for professional purposes, as a provider of medical services.
9.5. The Provider informs the Clinic that it will carry out marketing activities and will transmit information in this regard only if the Clinic has expressed its explicit consent, by checking the relevant box in the dedicated section.
The Clinic expressly agrees to these Terms and Conditions and the Privacy Policy.
ANNEX I - PERSONAL DATA TRANSFER AGREEMENT
I. Parties to the agreement
MEDLIST S.R.L., a Romanian legal entity, with its registered office located in the municipality of Bucharest, sector 1, str. Siriului no. 22-26, 3rd floor, registered in the Trade Register under no. J40/12436/2024, with the unique registration code 50273937, e-mail [email protected], legally represented by the administrator, Musellim Erman, hereinafter referred to as the "Transferring Operator" or "Medlist",
and
Clinica, hereinafter referred to as the "Recipient Operator",
together referred to as the "Parties" and individually as the "Party".
II. Definitions
All terms used in this agreement have the meaning defined by Regulation (EU) 2016/679. For clarity, the following specific definitions are inserted:
“GDPR” / “Regulation” Regulation (EU) 2016/679 of the European Parliament and of the Council 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 dataof these data and repealing Directive 95/46/EC;
“personal data” means any information relating to a natural person and which can lead to the identification of that person, such as (but not limited to): a name, an identification number, location data, an online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity;
“data subject” means any natural person who is a citizen of a country which is a member of the European Union;
“data transfer” means any disclosure or making available of personal data by a controller or processor to another entity outside its organisational structure;
“processing” means any operation or set of operations performed on personal data or on sets of personal data, with or without the use of automated means, such as collection, recording, organization, structuring, storage, adaptation or modification, extraction, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, deletion or destruction;
"platform" means the website www.medlist.ro, managed by the Transferring Operator;
"user" means any natural person, citizen of a country that is a member of the European Union who accesses the website www.medlist.ro, creates an account on this website and makes an appointment with the clinics or doctors listed on www.medlist.ro;
"appointment" means the act of selection and reservation carried out by a user, through the platform www.medlist.ro, of a consultation, investigation or other medical service offered by a provider (the Operator Recipient), for a specific date, time and location. Scheduling involves expressing the intention to access the medical service and involves the collection of personal data in order to identify the user and transmit relevant information to the selected provider.
III. Subject matter of the agreement
3.1. This agreement regulates in detail the manner and conditions in which Medlist, as an independent operator and exclusive administrator of the Platform, transfers to the Recipient Operator the personal data of users who are individuals who make medical appointments through the platform.
3.2. The transfer is carried out exclusively in the context of the need to provide the medical service contracted by the user through the Platform and is strictly subject to compliance with the provisions of this agreement, applicable data protection legislation and the terms imposed by Medlist.
3.3. Medlist holds and exercises full operational and legal control over the Platform, including the data processing architecture, information flows and technical means of accessing data by the Recipient Operator. In this capacity, Medlist is the only entity competent to define:
the typology and categories of personal data that may be collected and transferred;
the time and conditions of transfer to the Recipient Operator;
the technical means of access and related limitations;
the permitted purposes of processing and associated prohibitions.
3.4. The Recipient Operator accepts and acknowledges that any access to the transferred personal data is subject to strict compliance with the limitations imposed by Medlist and that it does not acquire, through this agreement, any right to dispose of, reuse, further process or extended storage of the data, other than those expressly permitted.
3.5. In all cases, Medlist reserves the right to modify, suspend or limit data flows, access conditions and processing purposes, without prejudice to the rights of the data subjects, and the Recipient Operator is obliged to promptly comply with any such updates.
IV. Nature and purpose of processing
4.1. The transfer is in the nature of a punctual, individualized and time-limited transfer, carried out exclusively in the context of a valid appointment by a user of the Platform. Personal data are transmitted by Medlist to the Recipient Operator only to the extent that they are strictly necessary to identify the data subject and ensure the provision of the scheduled medical service.
4.2. Once the transfer is completed, the Recipient Operator becomes exclusively responsible for the subsequent processing of the personal data received, assuming all obligations arising fromits capacity as an independent operator under the GDPR.
4.3. Medlist is not liable under any circumstances for the actions, inactions or subsequent decisions of the Recipient Operator with regard to the transferred data, and any use thereof outside the purpose strictly related to medical scheduling falls under the exclusive responsibility of the Recipient Operator.
4.4. It is expressly prohibited to use the data for any other purpose, including marketing, profiling, research or other commercial purposes, without prior obtaining a valid, specific, informed and freely expressed consent from the data subject. The obligation to inform, document and keep evidence of this consent lies entirely with the Recipient Operator.
4.5. Any use of data outside the stated purpose, without the consent of the data subject, will constitute a serious breach of this agreement, attracting the full and exclusive liability of the Recipient Operator for any damage caused to the data subject or Medlist, including from the perspective of sanctions applicable by the supervisory authorities.
V. Categories of data transferred
5.1. The transfer will include exclusively those personal data that are strictly necessary for the correct identification of the data subject and for the carrying out of the related medical appointment, as it was carried out by the user through the Platform. These may include, as appropriate:
Identification data: name, surname;
Contact data: telephone number, e-mail address;
Scheduling data: date and time of the appointment, type of medical service requested, doctor or specialty chosen, selected medical unit;
Medical data or other sensitive information, voluntarily completed by the data subject in the appointment form, relevant to the medical act or necessary for the provision of the service (e.g. symptoms, mentions of existing conditions, preferences for the doctor, special requirements, etc.).
5.2. The transferred data are collected by Medlist exclusively through the Platform, following a voluntary and informed action by the user. Medlist will transfer to the Recipient Operator only those data provided by the data subject expressly for the purpose of making the appointment, without collecting, storing or transferring data in excess of the declared purpose.
5.3. After the transfer, the entire responsibility for the processing of these data lies with the Recipient Operator, who is obliged:
to use them exclusively for the purpose of providing the medical service related to the appointment;
not to subsequently process them for other purposes without the valid consent of the data subject;
to implement appropriate technical and organizational measures for the protection of these data;
to comply with the applicable legislation on data protection, including with regard to their retention, archiving, access and deletion.
5.4. Any use of the transferred data for secondary purposes (e.g. marketing, surveys, profiling, research) is prohibited in the absence of prior, explicit and informed consent of the data subject. In this context, the Recipient Operator will act independently and solely responsibly, without the involvement or liability of Medlist.
VI. Legal basis
6.1. The transfer of personal data from Medlist to the Recipient Operator is carried out in accordance with Regulation (EU) 2016/679 (GDPR), namely "processing is necessary for the performance of a contract to which the data subject is a party".
6.2. Specifically, the act of medical scheduling carried out by the data subject through the Platform constitutes a clear step on his part to conclude a contract for the provision of a medical service with a specific provider - namely the Recipient Operator. The transfer of data to this operator is, therefore, necessary and indispensable for honoring the scheduling and providing the requested service.
6.3. At the same time, with regard to the obligations regarding transparency, Medlist ensures complete and prior information to the user, in accordance with art. 13 GDPR, through the Policy regarding the processing of personal data, permanently available on the Platform.
6.4. Medlist ensures that, at the time of scheduling, the user is informed in a transparent manner and has the opportunity to consult the privacy policy and data protection terms. In this regard, Medlist fulfills its legal obligations related to its role as controller at the collection and transfer stage.
6.5. After the transfer, the Recipient Controller becomes solely responsible for the compliance of further processing, including for respecting the rights of the data subject and for obtaining any additional consent, in situations where you intendto process the data for purposes other than those related to the execution of the programming.
VII. Quality of independent operators
7.1. Each Party acts as an independent operator, having the exclusive competence to establish, autonomously, its own purposes and means of processing the personal data that are its responsibility. The data transfer carried out by Medlist does not generate any relationship of operator - person empowered between the Parties.
7.2. Medlist is not responsible for the processing carried out by the Recipient Operator after the moment of transfer, including, but not limited to, the storage, use, disclosure, modification or deletion of the data. All these operations are the exclusive responsibility of the Recipient Operator, in accordance with its legal obligations as an independent operator under the GDPR.
VIII. Obligations of the Recipient Operator
The Recipient Operator, as an independent operator who receives the personal data transferred by Medlist, undertakes to comply with the following essential obligations regarding the processing and protection of this data:
To use personal data exclusively for the purpose of fulfilling the programming made by the user through the Platform and for the provision of the related medical service, without extending the purpose of processing beyond those expressly provided for in this agreement;
To comply with the legal deadlines for the retention of personal data, according to the applicable regulations in the health field, and to have measures to delete or anonymize the data as soon as they are no longer necessary for the initial purpose or there is no longer a legal obligation to retain them;
To not transfer, disclose, share or make available to other entities the personal data received from Medlist, without the express and prior consent of Medlist and, where applicable, of the data subject;
To implement and maintain appropriate technical and organizational measures, proportionate to the risks involved, to ensure the confidentiality, integrity, availability and security of personal data throughout the processing;
To inform Medlist, without undue delay and no later than 12 hours after becoming aware of it, of any security incident, unauthorized access, loss, compromise or disclosure of the transferred data, providing all the details necessary to assess the situation;
To allow, upon Medlist's justified request, to conduct audits or documentary checks on the manner in which the obligations assumed by this agreement are complied with, with regard to the transferred data, including by making available the relevant documentation regarding data protection.
IX. Rights of data subjects
Medlist will cooperate with the Recipient Operator in processing requests received from data subjects, in accordance with the GDPR. Any request received by the Recipient Operator related to personal data transferred through the Platform will be immediately transmitted to Medlist, without being analyzed, modified or resolved without the express approval of Medlist. The Parties will cooperate reasonably to respond to requests within the applicable legal deadlines.
X. Duration of the Agreement
This agreement enters into force on the date of signing and remains valid for the entire duration of the use of the Platform by the Recipient Operator. Medlist reserves the right to unilaterally terminate the agreement at any time, in particular in the event of a significant non-compliance, a security breach or any behavior that endangers the confidentiality or integrity of personal data.
XI. Confidentiality
The Parties undertake to treat all information accessed or transmitted under this agreement as strictly confidential. The Recipient Operator will take all necessary measures to prevent unauthorized disclosure, including to employees, collaborators or third parties. Any breach of the confidentiality obligation shall entail the exclusive liability of the Recipient Operator.
XII. Liability
The Recipient Operator is directly and fully liable for any damage, sanction, fine or dispute generated by the non-compliant or unauthorized processing of the transferred personal data. Medlist is exempted from any form of legal, financial or reputational liability in connection with the operations carried out by the Recipient Operator after the transfer of the data.
XII. Applicable law and dispute resolution
This agreement is governed by the provisions of Regulation (EU) 2016/679, as well as by Romanian legislation in force. Any dispute arisingbetween the Parties regarding the interpretation or execution of this Agreement shall be settled amicably, and in the absence of an agreement, it shall be referred to the competent courts at the Medlist headquarters.
XV. Final Provisions
Any amendment to this Agreement shall be made only in writing, with the consent of both Parties. The Agreement is concluded in two original copies, one for each Party, both having the same legal value. In the event that a provision of the Agreement becomes null or inapplicable, the other provisions shall remain valid.
The Clinic expressly agrees to the Personal Data Transfer Agreement.
User Terms and Conditions
The MEDLIST Platform ("Platform") offers a solution accessible online via desktops and mobile devices. It provides you ("User") with a comprehensive database of doctors working in individual medical practices (CMI), clinics, polyclinics and hospitals. The main purpose of the Platform is to support you in identifying the right doctor for your medical needs and to facilitate the making of an appointment. You can search for doctors by specialty, city or town where they operate, gender, languages spoken, insurance, distance.
These Terms and Conditions represent the provisions under which the User may request, through the Platform, the provision of the Service (defined below) by the Provider (defined below).
1. DEFINITIONS
"Platform" - Web application that offers you, as a User, access to an extensive database of doctors working in individual medical practices, clinics, polyclinics and partner hospitals of the Provider. This allows you to identify and select the right specialist for your medical needs, make appointments based on updated availability, facilitate appointments for medical laboratory tests or imaging services, the possibility of providing authentic reviews to the selected doctor, following the appointment made on the Platform, and to consult authentic reviews given by other Users to doctors listed on the Platform.
"Clinics/Polyclinics/Hospitals" - Any private entity under Romanian law, either a company or an individual medical practice, which holds all the necessary legal authorizations for the provision of medical services on the territory of Romania and which has become a partner of the Provider by signing a contract that allows listing on the Platform.
"Personal data" - Any information relating to the User that allows his/her identification, either directly or indirectly, such as name, surname, telephone number, e-mail address, geolocation and other similar data, provided by the User through the Platform, in order to carry out scheduling for medical consultation.
“Intellectual Property Rights regarding the Platform” -All intellectual property rights held by the Provider regarding the Platform, including, but not limited to:
Copyrights over the software and other components of the Platform, as well as all rights acquired and legally protected regarding the Platform;
Intellectual property rights, such as the registered trademark “MEDLIST”, according to the Registration Certificate no. 019062409 issued by the European Union Intellectual Property Office.
“Provider” - MEDLIST S.R.L., a Romanian legal entity, with its registered office located in the municipality of Bucharest, sector 1, str. Siriului no. 22-26, 3rd floor, registered in the Trade Register under no. J40/12436/2024, CUI 50273937.
The "Service" - ensuring the possibility for Users to make online medical appointments, through the Platform with doctors from CMI, clinics, polyclinics or partner hospitals, to provide authentic reviews of the selected doctor, following the honoring of the appointment made on the Platform, and to consult the authentic reviews given by other Users to the doctors listed on the Platform.
2. CONCLUSION OF THE CONTRACT
2.1. Registration and use of the Platform or Services implies the express and unequivocal agreement of the User regarding the use of the Service, which includes these Terms and Conditions, as well as the Privacy Policy, and their acceptance is equivalent to the conclusion of a contract between the User and the Provider, hereinafter referred to as the "Contract".
2.2. The User will have access to the Service provided by the Provider only after fulfilling the followingr conditions and following the steps described below:
The User is at least 18 years old;
The User accesses the website www.medlist.ro;
The User carefully reads these Terms and Conditions and the attached Privacy Policy and expresses his/her agreement by checking the box "I agree with the Terms and Conditions and the Privacy Policy";
The User creates an account by completing and transmitting correct and real information about himself/herself (last name and first name, date of birth, gender) and authentic contact data (email, mobile number) that belong to him/her, according to the registration form available on the Platform;
The User accesses his/her account for the first time using the email address and password created, which must not be disclosed to other persons.
In the event that the username and password are stolen or compromised, the User is obliged to immediately notify The Provider by sending an e-mail to [email protected].
2.3. The contract will be considered concluded when the User checks the box "I agree to the Terms and Conditions and Privacy Policy".
3. PRICE
The use of the Platform and the Services is free for Users. However, please note that the standard fees of your internet or mobile operator may apply, such as those for connecting to the network and browsing the internet.
4. PROVISION OF THE SERVICE
4.1. The Provider undertakes to provide the Service to the User, through the Platform.
4.2. The Service will be delivered in electronic format, by displaying the appointment confirmation with the selected doctor, directly on the screen of the device used to access the Platform. The User will also receive a notification by e-mail or SMS to confirm the appointment.
4.3. The User understands and agrees that all Intellectual Property Rights on the Platform belong exclusively to the Provider. The User does not acquire any intellectual property rights under this Agreement, but only benefits from a non-exclusive right of use, for the duration of the Agreement, limited to accessing, identifying and making appointments for medical consultations.
5. LIMITATION OF LIABILITY
5.1. The Provider does not provide any guarantee, explicit or implicit, regarding the professional qualifications and experience of the doctors registered in the database by the CMI, clinics, polyclinics or hospitals, as well as regarding the quality of medical services or their price. It is recommended that the User conduct their own evaluation of doctors and medical services before placing an order to schedule a medical consultation.
5.2. The User assumes full responsibility for the choice of the doctor with whom he made the appointment.
5.3. The Provider does not specifically support or recommend any doctor registered by the CMI, clinics, polyclinics or hospitals in the Platform database, accessible through it.
5.4. The content obtained or received by the User from the Provider, its employees, contractors, partners or sponsors will be used exclusively for informational purposes and for making appointments for medical consultations.
5.5. The Provider assumes no liability for the use of the Platform for the purpose of making an emergency medical appointment. If you need emergency medical care, we recommend that you call the emergency number 112. Any use of the Service in such situations involves the full assumption of risks by the User.
5.6. The Provider has no control over and cannot guarantee the availability of a specific doctor from a CMI, clinic, polyclinic or hospital at a specific date or time. The Provider also does not assume liability for canceled, unexecuted, improperly executed appointments or for any damages resulting from them.
5.7. The Provider is not liable for situations in which the operators of the CMI, clinics, polyclinics or hospitals do not correctly and timely update on the Platform, information regarding the dates and time slots available for appointments, which may lead to overlaps or errors in the management of appointments.
5.8. The User understands and accepts that the Provider has no control and is not obliged to intervene in relation to:
Users who access the Platform and/or the Services;
The content accessed by the User through the Platform or Services;
The effects that the content accessed through the Platform or Services may have on the User;
The way in which the User interprets or uses the content available on the Platform or through the Services;
Actactions taken by the User as a result of accessing content on the Platform or in the Services;
The content, accuracy, compliance with copyrights, legality or decency of materials and information accessible through links to other sites available on the Platform.
5.9. The Provider provides the Platform and the Services "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE". We do not provide any warranty, express or implied, regarding these Services. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVIDER DOES NOT WARRANT, EXPRESS OR IMPLIED, THE OPERATION OF THE PLATFORM OR SERVICES. ANY OTHER WARRANTIES, INCLUDING THOSE CONCERNING MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE OR NEED, ARE DISCLAIMED. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFICIENT, SECURE, ACCURATE OR IN ACCORDANCE WITH YOUR EXPECTATIONS.
5.10. The User understands that the provision of the Services may undergo changes or be interrupted and accepts that the Provider cannot be held liable for such situations.
5.11. The Provider does not assume responsibility for interruptions in the operation of the Platform that occur during updates, maintenance or improvements, for lack of internet connectivity or for other situations in which access to the Platform is affected due to technical problems beyond the control of the Provider.
5.12. The Provider cannot be held liable for any indirect, special, incidental or consequential damages resulting from the use or inability to use the Platform.
6. DURATION AND TERMINATION OF THE CONTRACT
6.1. The contract is considered concluded for an indefinite period.
6.2. The User has the right to cease using the Platform at any time, without any additional obligation.
6.3. The Provider reserves the right to temporarily suspend, until the situation is clarified, or to permanently suspend a User's access to the Platform, without prior notice, in the following situations:
If it finds or has reasonable suspicions that the User does not comply with the provisions of these Terms and Conditions or other policies published on the Platform;
In the event of non-use of the account for a long period;
If the User does not show up for at least three registered and uncancelled appointments within the maximum allowed period;
If the User did not use his real name or if the contact details provided (email and mobile number) are not real or do not belong to him;
If fraudulent use of the Platform or its use for purposes other than those defined in this document is detected, including the creation of false appointments, without the intention of benefiting from the scheduled medical services.
6.4. The User understands that, after the termination of the Agreement, he/she no longer has the right to use the Platform.
6.5. In all the aforementioned cases, the Agreement will terminate, but the provisions of sections 5, 8 and 9 will still remain applicable.
7. STATEMENT CONCERNING PERSONAL DATA
7.1. In accordance with the provisions of Regulation (EU) 679/2016 (GDPR), the Provider will collect the User's personal data exclusively for the purpose of promoting and carrying out medical appointments at CMI, clinics, polyclinics or partner hospitals.
According to this Contract, the Provider processes the User's personal data as an operator, in accordance with Regulation (EU) 679/2016.
In this regard, the Provider undertakes to comply with the following obligations:
To act strictly for the purpose of performing the Service;
To implement appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, modification, disclosure or unauthorized access, as well as against any other form of illegal processing.
7.2. By accessing and using the Platform, completing the form accordingly and submitting it, the User confirms and expresses his explicit and unequivocal consent for the Provider to process his personal data for the purpose mentioned above.
7.3. The Provider will process the User's personal data for the entire period necessary to achieve the aforementioned purpose and, subsequently, in accordance with applicable law.
In accordance with the provisions of Regulation (EU) 679/2016 (GDPR), the User, as a data subject, benefits from the following rights:
The right to obtain from the Provider, upon request and free of charge, confirmation that his personal data are or are not being processed, as well as the rectification, updating, blocking or deletion of data whose processing does not comply with Regulation (EU) 679/2016. This right also includes the transformation of incomplete or inaccurate data into anonymous data, as well as the notification of third parties to whom the data have been disclosed of any operation carried out in accordance with the aforementioned.
The right to object at any time, for justified and legitimate reasons relating to his personal situation, to the processing of his data, except in cases where there are legal provisions to the contrary. In the event of a justified opposition, the processing of said data will no longer be carried out.
The right to object at any time, free of charge and without any justification, to the processing of his data for direct marketing purposes, either on behalf of the Provider or of a third party, or to their disclosure to third parties for such purposes.
The right to request and obtain the withdrawal or annulment of any decision which produces legal effects concerning him, adopted exclusively on the basis of automated processing of personal data, intended to evaluate personal aspects, such as professional competence, credibility or conduct. He also has the right to re-evaluate similar decisions that significantly affect him, if they were adopted exclusively on the basis of automated data processing.
The right to address the National Supervisory Authority for Personal Data Processing and/or the courts for the defense of the rights guaranteed by Regulation (EU) 679/2016.
7.4. To exercise these rights, the User may contact the Provider by e-mail, at [.]. Refusal to provide the personal data necessary to achieve the above-mentioned purpose, as well as the subsequent request to delete the User's personal data, will lead to the deletion of the account from the system and the impossibility of accessing the Service through the Platform.
7.5. If some of the data provided by the User is incorrect, he is asked to contact the Provider as soon as possible to correct them.
8. APPLICABLE LAW AND COMPETENT COURT
8.1. The use of the online Platform and/or the Application, the registration of orders for medical appointments and the conclusion of the Contract are regulated and interpreted in accordance with Romanian law.
8.2. Any dispute related to the use of the Platform or the Contract will first be attempted to be resolved amicably. If the parties do not reach an agreement, the dispute will be definitively resolved by the competent Romanian court.
8.3. Consumers benefit from the rights conferred by the legislation in force, and they cannot waive these rights. Any contractual clauses that limit or exclude the legal rights of consumers will be considered null and void and will not produce effects on them.
9. OTHER PROVISIONS
9.1. The Provider reserves the right to modify or supplement these Terms and Conditions at any time, and the modifications/supplements will be published on the Platform. Continuing to use the Platform after the entry into force of these modifications/supplements constitutes the User's acceptance to comply with the new provisions. The User is encouraged to periodically check these Terms and Conditions.
IF THE USER DOES NOT WANT TO ACCEPT THE TERMS AND CONDITIONS, INCLUDING THEIR MODIFICATIONS/SUPPLICATIONS, HE IS OBLIGED TO Cease Using the PLATFORM AND THE SERVICES OFFERED.
9.2. The Platform, the Services, including, but not limited to, any modifications, additions, revisions and/or derivatives thereof, as well as the related intellectual property rights, are owned by the Provider and protected by applicable copyright, trademark and other legal regulations and international treaties.
9.3. The User understands that the fees for medical consultations are fully borne by him and that any dispute between the User and the medical service providers (CMI, clinics, polyclinics or hospitals) will be resolved directly with the respective providers, without the involvement of the Provider.
9.4. The User undertakes to use the data and information available on the Platform exclusively for personal purposes, as a patient or potential patient.
9.5. The Provider informs the User that it will carry out marketing activities and will transmit information in this regard only if the User has expressed explicit consent, by checking the relevant box in the dedicated section.
The User expressly agrees to these Terms and Conditions and the Privacy Policy.