Summary in plain language
- 1
Who we are and what we do
247dermatologist is a digital dermatology service. Through our app and website you can receive dermatological care remotely (teleconsultation). You receive a medical assessment from a BIG-registered doctor, based on your questions, photos and information.
By starting a consult, you enter into a medical treatment agreement (WGBO).
- 2
Who is the service for?
- You must be at least 16 years old.
- If you are younger than 16, consent from your parent(s) or guardian is required.
- Our care is not intended for urgent or life-threatening conditions. In that case, contact your GP, the out-of-hours GP service or A&E, or call 112.
- 3
What are the limits of online care?
During an online consult:
- we do not carry out a physical examination as we would in a consulting room;
- we rely on your photos and your information;
- the quality of the photos can affect the diagnosis;
- some conditions or treatments are not suitable for online care.
If we believe your condition cannot be handled safely online, we will refer you to a GP or an (in-person) dermatologist.
- 4
Fees and payment
- Before you start, you can see clearly what a consult costs and within what timeframe you will receive an answer (e.g. within 48, 24 or 12 hours).
- You pay through a secure payment method.
- Medication is billed separately by the pharmacy. Any reimbursement is handled through your own health insurance, subject to your policy terms and excess.
- If something goes wrong through a fault on our side (for example a technical failure at our end), we will look for a reasonable solution, such as a new consult or a (partial) refund.
- 5
Your data and privacy
- We keep a medical record, as required by law.
- We retain your medical data for at least as long as the law requires (in practice usually 20 years).
- Only authorised doctors and authorised staff have access.
- We secure your data and communication (including encryption).
- We use your data to treat you and to keep our care and organisation running properly.
- For other purposes (for example research or quality improvement), we only use your data within the legal frameworks and, where required, with your consent.
You have rights, such as:
- access to your record;
- a (digital) copy of your record;
- correction of factual errors;
- in many cases: having (parts of) your record destroyed.
Further details are set out in our Privacy policy.
- 6
Quality and who is responsible
- Consults are carried out by BIG-registered doctors.
- We follow the applicable guidelines for dermatology and digital care.
- We operate a quality system, record incidents and improve our care where needed.
- The doctor bears final medical responsibility; any digital aids (such as decision support) are aids only.
- 7
Liability (who is responsible when something goes wrong?)
- We are responsible if we breach our duty of care and you suffer damage as a result, within the limits of the law.
- Our liability for financial loss is in principle limited to no more than the amount you paid for the consult, except in the case of personal injury or where the law does not permit a limitation.
- We are not responsible for damage where you provide incorrect or incomplete information or do not follow our advice.
- 8
Complaints and disputes
Not satisfied?
- First raise your complaint with us (by email or through the app). We will respond within a reasonable time.
- If we cannot resolve it together, you can turn to an independent complaints officer.
- If the problem persists, you can go to the independent disputes body we are affiliated with. It can issue a binding decision.
This is a plain-language summary. The full legal text below always prevails.
These Terms and Conditions (“Terms”) apply to all services provided by 247dermatologist B.V. (hereinafter: “247dermatologist”, “we”, “us” or “our”), established in Bergen op Zoom and registered with the Dutch Chamber of Commerce under number 89921003, through our (mobile) application, website and other digital platforms (together: the “Service”).
By using the Service and/or purchasing an online consult, you enter into a medical treatment agreement within the meaning of the Dutch Medical Treatment Contracts Act (WGBO) and you agree to these Terms.
ARTICLE 1
Definitions
In these Terms, the following terms have the following meanings:
- Medical treatment agreement
- The agreement within the meaning of the WGBO between the Patient and 247dermatologist, under which we provide medical care through digital means.
- The Service
- All services offered by 247dermatologist through its (mobile) application, website or other digital platforms, including but not limited to online medical consults, triage, diagnosis, advice, treatment plans and digital prescriptions.
- User / Patient
- Any natural person who uses the Service and/or requests an online consult, whether or not represented by a legal representative.
- Medical services
- Diagnoses, advice, treatment plans and medication prescriptions provided by a BIG-registered doctor (dermatologist or other doctor involved).
- Online consult / Teleconsultation
- A medical consult conducted through digital means (text, photo, video, video calling or other telecommunication) in which the doctor and the Patient are not physically present at the same location.
- Consent / Informed Consent
- The voluntary, informed and explicit consent of the Patient to medical treatment through digital care, including an understanding of the possibilities and limitations of teleconsultations.
- Medical record
- The entirety of medical data and documentation concerning a Patient, recorded and retained in accordance with the WGBO and other applicable laws and regulations.
- Medical confidentiality
- The statutory duty of confidentiality resting on doctors and other healthcare providers with regard to Patient data, under the WGBO and relevant criminal and privacy legislation, among others.
- Representative
- The person who (legally) represents the Patient, such as the parent/guardian of a minor, a curator, mentor or authorised representative, as follows from the civil-law and WGBO rules on representation.
ARTICLE 2
Applicability and order of precedence
These Terms apply to every use of the Service and to all medical treatment agreements between 247dermatologist and the Patient.
Deviations from these Terms are only valid if expressly agreed with 247dermatologist in writing.
In the event of a conflict between these Terms and mandatory law (for example under the WGBO, the Wkkgz, consumer law or the GDPR/Dutch GDPR Implementation Act), that mandatory law prevails.
ARTICLE 3
Registration, age and account management
To use the Service, the Patient must:
- be at least 16 years old; or
- if younger than 16: have the consent of a parent, guardian or other legal representative.
The Patient guarantees that the information provided at registration and while using the Service is accurate, complete and up to date.
The Patient is personally responsible for keeping login credentials confidential and for all actions carried out through the account.
Accounts are set up and managed in accordance with the relevant medical and privacy-law standards.
ARTICLE 4
Informed consent and suitability of digital care
By using the Service and completing the consult request, the Patient declares:
- to consent voluntarily and on an informed basis to medical treatment through digital means;
- to have taken note of the limitations of digital care, including:
- the absence of physical examination (for example palpation or in-person dermoscopy);
- the fact that the diagnosis is largely based on text and images supplied by the Patient;
- the risk of missed or delayed diagnoses where information is insufficient or unclear;
- dependence on the quality of the images supplied by the Patient;
- the Service is not suitable for urgent or life-threatening situations;
- limited possibilities for complex dermatological procedures and additional diagnostics.
247dermatologist reserves the right to refuse or end a consult and to refer the Patient to in-person care where:
- the material supplied is insufficient for a sound assessment;
- there appear to be (possibly) serious or life-threatening conditions;
- specialist or invasive diagnostics or treatment are required that cannot be delivered through digital means.
The Patient is informed in clear terms of the option of receiving care from an in-person healthcare provider (for example a GP or a dermatologist at a clinic) and is free to make use of that option.
ARTICLE 5
Emergency procedures and availability
247dermatologist does not provide acute care for urgent or life-threatening situations. In such cases, the Patient must immediately contact:
- the out-of-hours GP service; or
- the accident and emergency department; or
- the national emergency number 112.
If an urgent situation is suspected during or prior to a consult, 247dermatologist will expressly advise the Patient to contact in-person emergency care immediately.
247dermatologist aims to:
- keep the Service technically available 24/7;
- complete consults within the timeframes communicated in advance (for example within 48, 24 or 12 hours, depending on the consult type chosen);
- take reasonable remedial measures in the event of technical failures in its own infrastructure and, where necessary, reschedule or credit the consult free of charge.
In the event of failures or limitations on the Patient's side (equipment, internet connection), 247dermatologist is not liable, but will where reasonably possible cooperate in finding an appropriate solution (such as rescheduling a consult).
ARTICLE 6
Use of the Service and obligations of the Patient
The Patient uses the Service exclusively for lawful purposes and refrains from:
- providing incorrect or misleading medical information;
- uploading or distributing unlawful, offensive or otherwise inappropriate content;
- misusing or testing the Service for non-medical purposes.
Medical advice is given on the basis of the information provided by the Patient. Incomplete and/or incorrect information can lead to an incorrect or incomplete diagnosis and treatment. The Patient is required to provide complete and truthful information.
Only the Patient or their representative has access to the Patient's own account. Unlawful use of another person's identity is not permitted.
ARTICLE 7
Treatment, quality and teledermatology
All medical consults are carried out by BIG-registered doctors and comply with the professional standard and applicable quality guidelines, including the relevant guidelines of the professional body.
247dermatologist organises its care in such a way that it can reasonably be expected to result in the provision of good care, as required of healthcare providers within the meaning of the Wkkgz (good, safe, effective and patient-centred care) and the information obligations under Section 10 of the Dutch Healthcare Quality, Complaints and Disputes Act.
Where digital support (such as decision-support systems or algorithms) is used:
- this is communicated transparently to the Patient;
- such systems serve exclusively as aids;
- diagnosis and treatment remain at all times under the final responsibility of a BIG-registered doctor;
- no automated decision-making takes place without human assessment in medical decisions.
ARTICLE 8
Fees, payment and invoicing
The fees for the various consult types (for example an answer within 48, 24 or 12 hours) are communicated clearly and before the consult is agreed.
Payment is made through a secure payment method offered by 247dermatologist, such as iDEAL, credit card or other online payment solutions.
Any additional costs, such as medication costs, are billed separately by the pharmacy or other healthcare providers involved. Any reimbursement of medication costs is handled through the Patient's own health insurer, subject to the Patient's policy terms and excess.
On request, 247dermatologist provides the Patient with an invoice containing the details required for any insurance claim, in line with the duty to provide information on healthcare costs as provided for in, among others, Section 68a of the Dutch Healthcare Market Regulation Act.
ARTICLE 9
Refunds and withdrawal
Because these are tailored healthcare services that are often performed (at the Patient's request) within the statutory withdrawal period, the statutory right of withdrawal for distance services may be limited. The Patient is informed in advance where:
- the Patient expressly requests that the consult start immediately; and
- the Patient agrees that the right of withdrawal (insofar as applicable) may lapse once the consult has been performed in full.
After a medical consult has been delivered in full, no refund is in principle due, unless:
- the consult could not be delivered (correctly) due to an attributable error or technical failure on the part of 247dermatologist;
- there has been an administrative error on the part of 247dermatologist;
- the service delivered is deficient to such an extent that, by standards of reasonableness and fairness, a (partial) refund or a free follow-up consult is justified.
In the event of dissatisfaction with the Service, we will first reasonably examine whether an appropriate solution is possible, such as:
- further explanation;
- an additional free consult;
- a (partial) refund where the service falls materially short.
This arrangement does not affect mandatory consumer rights.
ARTICLE 10
Medical record-keeping and retention periods
A medical record is kept for every Patient. This record contains at least:
- anamnesis and relevant medical history;
- findings of the consult;
- (working) diagnosis or diagnoses;
- treatment plan, prescriptions and advice;
- information on the Informed Consent given;
- relevant correspondence and images necessary for the treatment.
Medical data is retained for at least the statutory minimum retention period arising from the WGBO. In practice this is generally at least 20 years after the last change to the record, or longer where this is necessary under law or the professional standard.
Patient rights with regard to the medical record:
- the right to access and obtain a copy of the medical record;
- the right to correction of factual inaccuracies;
- the right to add a personal statement to the record;
- the right, subject to statutory exceptions (for example where retention is necessary in connection with a compelling interest or legal obligation), to request the destruction of (parts of) the record.
For minor patients:
- the record is, as a rule, retained until at least five years after the patient reaches the age of majority;
- the rights of access, copy and destruction are exercised in accordance with the WGBO rules for minors and their representatives.
ARTICLE 11
Privacy, data protection and medical confidentiality
247dermatologist processes personal data and medical data in accordance with the General Data Protection Regulation (GDPR), the Dutch GDPR Implementation Act and relevant healthcare legislation. Section 30 of the Dutch GDPR Implementation Act provides that care providers may process health data insofar as this is necessary for proper treatment or care.
Legal bases for processing
- medical data is processed primarily because this is necessary for performing the medical treatment and managing the practice (Article 9(2)(h) GDPR in conjunction with Section 30 of the Dutch GDPR Implementation Act);
- additional processing (such as quality research, statistics or patient-satisfaction research) takes place exclusively within the legal frameworks and, where required, on the basis of explicit consent or a legitimate interest.
Categories of data
- identification and contact details;
- medical data (anamnesis, findings, diagnoses, medication);
- images (photos/videos) for the teledermatological assessment;
- communication logs and technical metadata for security and quality.
Security
- medical data, photos and communication are stored in secure systems;
- access to records is limited to authorised doctors and authorised staff and is logged;
- appropriate technical and organisational security measures are taken in accordance with the healthcare-specific standards for data processing and information security.
Sharing of data
- insofar as necessary for the delivery of care, data may be provided to other healthcare providers (for example a GP or pharmacy) in line with Section 68a of the Dutch Healthcare Market Regulation Act and other healthcare legislation;
- 247dermatologist may, where legally required, provide data to supervisory authorities or other competent bodies;
- provision for other purposes (for example research or education) only takes place in pseudonymised or anonymised form, or on the basis of explicit consent.
Medical confidentiality
- all healthcare providers are bound by medical confidentiality;
- breaching medical confidentiality is only permitted in exceptional situations regulated by law (for example danger to third parties or specific reporting obligations).
Rights of data subjects
- the Patient has the right to access, rectification, restriction of processing, data portability and, in certain cases, erasure;
- further information on exercising these rights is set out in the separate Privacy policy of 247dermatologist.
ARTICLE 12
Quality, incidents and Wkkgz obligations
247dermatologist operates a quality system through which the quality, safety and effectiveness of the care provided are systematically monitored and improved, in accordance with the standards of the Wkkgz.
Incidents and (possible) calamities are recorded and investigated. Calamities subject to mandatory reporting, or violence within the care relationship, are reported to the competent supervisory authority in accordance with Section 11 of the Dutch Healthcare Quality, Complaints and Disputes Act.
Diagnostic accuracy and patient outcomes are evaluated periodically. Where necessary, treatment protocols and internal procedures are adjusted.
The organisation complies with the obligations regarding the provision of information to clients on care, fees, quality and incidents as referred to in Section 10 of the Dutch Healthcare Quality, Complaints and Disputes Act.
ARTICLE 13
Complaints procedure and disputes body
247dermatologist strives to provide the best possible care. Should the Patient nevertheless be dissatisfied, the following complaints procedure applies:
- First step: internal complaint
- The Patient can submit a complaint to 247dermatologist by email or through the app. We investigate the complaint and aim to respond in writing, with reasons, within no more than 6 weeks.
- Second step: independent complaints officer
- If the Patient so wishes, or if the internal handling does not provide a sufficient solution, the Patient can turn to the independent complaints officer with whom 247dermatologist has an agreement. This officer will advise and support the Patient free of charge in the further handling of the complaint, as required by the Wkkgz.
- Third step: disputes committee
- If the complaint is not resolved satisfactorily, the Patient can submit the dispute to the independent disputes body recognised by the minister with which 247dermatologist is affiliated. This disputes body can issue binding decisions and award compensation up to the maximum set by law or by the body itself.
The internal complaints procedure and the details of the complaints officer and the disputes body are made clearly known on the website and/or in the app, in line with the obligations of the Wkkgz (the complaints and disputes chapter as described in, among others, ECLI:NL:PHR:2023:460).
ARTICLE 14
Liability
247dermatologist is liable for deficient care insofar as this follows from:
- the medical treatment agreement;
- applicable healthcare legislation (including the WGBO and the Wkkgz);
- the general rules of civil liability.
Limitations
- the liability of 247dermatologist for direct damage resulting from an attributable failure is, insofar as permissible, limited to an amount equal to the consult fees paid by the Patient, up to a maximum of once the consult price per claim event;
- this limitation does not apply in the event of death or personal injury, nor in cases where excluding or limiting liability would be unacceptable by standards of reasonableness and fairness.
The limitation of liability does not apply in the event of intent or deliberate recklessness on the part of 247dermatologist or its managerial staff.
247dermatologist is not liable for damage that is (partly) the result of:
- incorrect or incomplete information provided by the Patient;
- failure to follow, or to follow correctly, the (medical) advice given by 247dermatologist;
- technical failures or unavailability of the Service that fall outside the reasonable sphere of influence of 247dermatologist (force majeure).
This provision does not affect mandatory consumer-protection provisions.
ARTICLE 15
Intellectual property
All content of the Service, including but not limited to texts, designs, logos, software, photos and other materials, is the property of 247dermatologist or its licensors and is protected by copyright and other intellectual property rights.
The Patient is not permitted to copy, modify, reproduce, publish, sell or otherwise exploit (parts of) the Service or its content, except insofar as this is expressly permitted in writing by 247dermatologist or is necessary for personal use within the context of the care relationship.
ARTICLE 16
Continuity of care and referrals
If, in the opinion of the treating doctor, further or different care is required that cannot be delivered through the Service, 247dermatologist will advise the Patient to contact a GP, an in-person dermatologist or another appropriate healthcare provider.
With the Patient's consent, 247dermatologist can transfer relevant medical information to the subsequent healthcare provider, using secure means of communication.
For urgent questions about a recently made diagnosis or a recently started treatment plan, 247dermatologist aims to be adequately reachable during regular office hours.
ARTICLE 17
Changes to the Terms
247dermatologist may amend these Terms. Changes are communicated in good time and in a clear manner, for example by email or in the app.
In the case of substantial changes, the Patient is advised that continued use of the Service after the amended Terms take effect constitutes acceptance of those changes.
ARTICLE 18
Governing law and disputes
These Terms and the medical treatment agreement between the Patient and 247dermatologist are governed exclusively by Dutch law.
Disputes that are not resolved through the complaints procedure or the disputes body may be submitted to the competent Dutch court.
Without prejudice to the foregoing, the provisions on the independent disputes body and the Wkkgz complaints procedure continue to apply in full.
