Terms and Conditions

Date Modified: June 23, 2020

DocKoTo is a telemedicine consultation platform created to address the increased demand for medical consultations in the Philippines in the midst of the COVID-19 pandemic and even for possible unfortunate circumstances caused by any pandemic. By registering to the platform, you agree to the following terms and conditions (the “Agreement”).

1. Background.

DocKoTo is an initiative of Ideahub IT Solutions Inc. (“Ideahub”) and third party licensed physicians registered on DocKoTo (together, the “Partners”), aimed at giving Filipinos access to medical care without having to leave the comfort of their homes.

2. How DocKoTo Works.

DocKoTo has a pool of licensed physicians available for telemedicine consultation. DocKoTo connects a patient to a licensed physician for consultation through the use of video technology. Once a patient requests for a telemedicine consultation, the DocKoTo system will match the request with an available licensed physician. Once matched, the licensed physician shall:

  1. collect clinical history;
  2. create a treatment plan;
  3. render medical advice;
  4. recommend the conduct of diagnostic procedures, as may be necessary;
  5. prescribe medication, as may be necessary;
  6. provide follow-up care, as may be necessary; and
  7. refer the patient to a physician, clinic, or hospital.
3. How Referral is Done.

Referral is done when the appropriate level of care cannot be provided during telemedicine consultation. Depending on the care needed by the patient, referral of patients will be categorized into three (3) groups: (1) Non-Emergent Outpatient, (2) Emergent, and (3) COVID-19.

  1. Non-Emergent Outpatient. Patients for telemedicine consultation who have non-life/limb threatening conditions and need further care will be referred to their nearest healthcare provider.
  2. Emergent. Patients for telemedicine consultation who have life/limb-threatening conditions and need further care will be referred to their nearest hospital emergency room.
  3. COVID-19. Patients for telemedicine consultation who are suspected to have COVID-19 symptoms will be advised to self-quarantine and will be reported by the licensed physician to the appropriate Regional or City Health Offices, in coordination with the relevant local government unit.
4. Care Coordination.

The care coordination for DocKoTo covers the non-clinical functions inherent in the referral process. Specifically, DocKoTo will ensure that adequate information will be provided to referred patients in the coordination of their care. This is done by ensuring updated and relevant information in line with DOH standards, as well as safeguarding patient data privacy.

5. Role of DocKoto and its Partners.

DocKoto along with its Partners, only provides the technology platform that allows the matching and connecting of patients to licensed physicians with the use of video technology. All healthcare and medical services, including the giving of medical advice, are rendered by licensed physicians with the use of video technology. DocKoTo, whether or not through their partners, shall be in charge of vetting the qualifications of the physicians. Interested physicians are asked to fill in an online application form and submit relevant documents, including, (1) updated Curriculum Vitae, (2) PRC License, (3) Certificate of Graduation from Medical School, and (4) Diplomate and/or Subspecialty Certification, when applicable. The application and documents will be reviewed by the onboarding team, who will then schedule an interview with the physician to verify qualifications. A positive review by the onboarding team will grant the physician access to the DocKoTo platform to offer video consultations, with the guiding principle that the consultations be done in accordance with the laws, rules, regulations, and all issuances applicable to the practice of medicine and DOH Rules. DocKoTo shall not be construed as a medical services business as it is telemedicine technology.

6. Disclaimer on Medical Advice to be Rendered.

All healthcare and medical services, including the giving of medical advice, are rendered by licensed physicians. The licensed physicians are solely responsible for the medical advice given to you in compliance with all requirements applicable to his or her exercise of profession. Telemedicine consultation through DocKoTo is not intended to be a substitute or replacement for face-to-face professional medical advice, diagnosis, or treatment. If you have a serious condition or medical emergency, please go to your nearest hospital and seek immediate assistance from the appropriate medical emergency personnel.

7. By Availing of Telemedicine Consultation through DocKoTo:
  1. I understand that DocKoTo is merely a platform that connects licensed physicians and persons seeking medical advice via video technology, and the availability of the telemedicine consultation does not create a relationship between myself, on one hand, and DocKoTo, on the other;
  2. I understand that the physician-patient relationship lasts for the duration of the telemedicine consultation, unless follow-up check-ups are done with the licensed physician;
  3. I understand that the use of video technology to deliver healthcare services is a new technology and may not be equivalent to a face-to-face consultation;
  4. I acknowledge and agree to the recording of the actual telemedicine consultation through the recording capabilities of the platform;
  5. I am aware that DocKoTo may be required by the Department of Health to submit to said government agency relevant data of patients for telemedicine consultation who are suspected to have COVID-19, and if this applies to me, I agree to the submission of the following personal data required by the DOH;
    1. Physician information (name, contact details)
    2. Patient and telemedicine consultation information
      1. Patient’s age, birthdate, sex, and address;
      2. Date of consultation;
      3. Patient’s reasons for consultation, brief clinical history and physical examination from what can be observed by inspection by video camera;
      4. Patient’s Travel and exposure history (for COVID-19 screening);
      5. Physician’s Diagnosis/assessment;
      6. Physician’s Plan of management;
      7. E-Prescription provided if available;
      8. Physician’s referral to health or medical facility; and
    3. Such other data as may be required under applicable laws and regulations.
  6. I understand the nature, purpose, and limitations of telemedicine consultation, as well as the risks involved. I acknowledge that no guarantee or assurance has been and can be made as to the results or outcome of the medical advice given to me;
  7. I will answer questions about my health openly, accurately, and completely, knowing fully well that my failure to do so may compromise the quality of the medical advice and treatment given to me. I further certify that the information I have disclosed to the licensed physician on the DocKoTo platform is true and accurate;
  8. I shall hold DocKoto, and its partners free and harmless from and against any and all losses, liabilities, claims, damages, actions, suits (whether by law or equity), fees, costs and expenses and the like arising, directly or indirectly, out of or in connection with the use of DocKoTo or the medical advice of the licensed physician on DocKoTo.
8. Governing Law and Venue.

This Terms and Conditions and your use of DocKoTo, along with the information contained therein, shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict of laws principles, and you agree to submit to the jurisdiction of the courts of Davao City, to the exclusion of all others. Consent to Data Processing and Sharing, Ideahub Technology Solutions Inc. shall own the data on the DocKoTo platform. DocKoto, including its parent, subsidiaries, affiliates, and their respective representatives and agents (collectively, the “Company”), is committed to improving the health and well-being of families in our communities while implementing safeguards to protect our patients’ privacy and keep their personal data safe and secure in accordance with the provisions of Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 (“Data Privacy Act”), its Implementing Rules and Regulations (“IRR”), and the existing Memorandum Circulars and Advisories issued by the National Privacy Commission (“NPC”). In line with your right to be informed that your personal data will be, or were collected and processed, the Company urges you to read the contents of this Consent to Data Processing and Sharing before accomplishing this form. In compliance with the requirements of the Data Privacy Act, the Company would like to obtain your consent on the processing and sharing of your personal data relevant to your consultation, treatment, and healthcare-related transactions on DocKoTo. Collection of information shall start at the time of registration in the DocKoTo platform, and shall be subsequently undertaken at different points of the care provided to you as the patient. Personal data may include, but not limited to, your name, birthdate, gender, address, mobile number, e-mail address of patient and guardian, marital status, vitals, chief complaints, brief clinical history and details of physical examination based on the video conference, travel and exposure history (if for COVID-19 screening), results of medical procedures, diagnosis, abstracts, and treatments. The telemedicine consultation shall be recorded to ensure the quality of the telemedicine consultation. We shall implement reasonable and appropriate security measures to maintain the availability, integrity, and confidentiality of personal data and are intended for the protection of personal data against any accidental or unlawful destruction, alteration, and disclosure, as well as against any other unlawful processing. In case of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, your personal data, the Company will inform you of the breach without undue delay, including a summary description of the potential impact and a recommendation on measures to mitigate the possible adverse effects of the breach.

You may, at any time, cease to use DocKoTo, and request for the deletion of your data by emailing [email protected]

ACKNOWLEDGMENT
  1. The information I provided is true, complete, and accurate.
  2. I am aware of my rights in relation to my personal data, including the right to access and correction, and the right to object to the processing of my personal data.
  3. I am aware that I can refer to DocKoTo’s Data Privacy Policy for more information. I am also aware that for questions or concerns,I can contact DocKoto Data Protection Officer through: [email protected]
  4. I understand that the data I provided, as well as data in relation to my telemedicine consultation, shall be owned and retained by DocKoto. By becoming a user of DocKoTo and by submitting the information requested, I allow DocKoto to manually and digitally process, collect, access, use, store, consolidate, and disclose my personal data for legitimate purposes, which are to:
    1. provide medical services and continuing care,
    2. aid in historical, statistical, or scientific purposes for the quality improvement of services,
    3. adhere to internal policies and procedures, and/or
    4. comply with reporting obligations to governmental authorities under applicable laws and regulations.
  5. I am aware that my personal data will be retained only for as long as necessary for the fulfillment of the purposes for which data was obtained, or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law for fifteen (15) years. It shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure.
  6. I acknowledge that my personal data will not be shared with third parties unless (a) with my consent or when expressly authorized and/or permitted by law, and (b) with the service providers specified below acting on behalf of DocKoTo who have agreed to ensure the confidentiality and security of my personal data. Understanding the purposes for which sharing is necessary, I consent to the sharing of my personal data to the following:
    1. To the licensed physician on call matched with me on DocKoTo - my registration details and any or all portions of my medical record which may be necessary for the proper diagnosis and treatment of my condition; or
    2. To DocKoTo, in the event that the licensed physician matched with me is a physician of DocKoTo - my registration details and any or all portions of my medical record which may be necessary for the proper diagnosis and treatment of my condition.
☐ I consent that video and audio of my consultation through DocKoTo with the licensed physician will be recorded for safety and legal purposes.
☐ I have read this form, understood its contents, and consent to the processing of my personal data. I understand that my consent does not preclude the existence of other criteria for lawful processing of personal data, and does not waive any of my rights under the Data Privacy Act of 2012 and other applicable laws.
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