Effective Date: 01.10.2023

Updated on: 14.10.2023

1. Definitions and Interpretation
   • For the purposes of these Terms of Use the following words and expressions shall have the following meanings:

“Clinic” means “Dr. Stasch Clinic & MediSpa” and is referred to as either “the Clinic”, “We” “Us” or “Our” in this Terms of Use;

“Content” refers to text, images or other information that can be posted, uploaded, linked to or otherwise made available on the Website, regardless of the form of that content;

“Country” refers to the Republic of Kenya;

“Service” refers to the Website;

“Terms of Use” refers to the terms as set out herein and as amended from time to time (“Terms”);

“Website” means www.drstaschmedispa.com accessible from https://drstaschmedispa.com/;

“You” means the individual, who is accessing or using the Website or the Clinic or legal entity on behalf of which an individual is accessing this Website;

2. Acknowledgement
   • These are the Terms of Use governing the use of this Website and the agreement that operates between You and the Clinic. These Terms of Use set out the rights and obligations of all users regarding the use of the Website.
   • Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.
   • By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.
   • You represent that you are over the age of 18. The Clinic does not intend for the Service to be used by persons under the age of 18.
   • Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Clinic. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
3. Username and Password
   • In the event you access any Service requiring a Username and Password, you are solely responsible for keeping such Username and Password confidential.
4. Links from Our Site
   • Where our site contains links to other sites and/or resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
5. Inbound Links
   • You may not, under any circumstances, establish a link to the Clinic website without the express written consent of the Clinic, including but not limited to deep linking.
6. Children
   • Except as otherwise indicate, the Clinic does not knowingly or intentionally collect personal information from children under the age of 18. The Content of our website is directed at adults, and therefore this site is intended for use by adults. If you are under the age of 18, please consult a parent or guardian for help using this website.
7. Copyright Policy
   • We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
   • If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to our attention at the following email ([email protected]) and include in Your notice a detailed description of the alleged infringement.
   • You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
8. Intellectual Property
   • All trademarks, service marks, logos and copyrights displayed and used on the Website are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use any trademark without the written permission of its owner.
   • The Wesbite and its original content, features and functionality are and will remain the exclusive property of the Clinic and its licensors.
   • The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
   • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Clinic.
9. Your Feedback to Us
   • You assign all rights, title and interest in any Feedback You provide the Clinic. If for any reason such assignment is ineffective, You agree to grant the Clinic a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
10. Disclaimer of Warranty
    • Materials, services and other information are provided “as is” by the clinic for educational purposes only.
    • The clinic makes no express or implied warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose or use, title or non-infringement.
    • Although our health information content is reviewed and approved by healthcare professionals, the clinic does not guarantee the accuracy, adequacy, or completeness of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information.
    • You acknowledge and agree that the clinic does not operate or control the internet and therefore the clinic does not guarantee that the use of this website will be error free or free of technology downtimes or unavailability.
    • You acknowledge and agree that the clinic cannot and does not guarantee against viruses, worms, or other unauthorized users or hackers attempting to obtain access to this website or information transmitted to or from this site.
    • The Clinic also reserves the right to temporarily or permanently discontinue this site, any page, or any functionality on this website at any time and without notice.
11. Limitation of Liability
    • In no event shall the Clinic be liable for any direct, indirect, special, consequential or monetary damages, including fees, and penalties in connection with your use of materials posted on this site or connectivity to or from this site to any other site.
12. Severability and Waiver
    • If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
    • Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13. Governing Law
    • The terms of this Agreement shall be governed by the laws of the Republic of Kenya.

BY USING THIS WEBSITE, YOU ACCEPT THESE TERMS.

Effective Date: 14.10.2023

This Privacy Policy applies to the website that is linked to this Privacy Policy (the “Services”) provided by the Dr. Stasch Clinic & Medispa (“the Clinic,” “we,” “us,” or “our”).

This Privacy Policy is a document that governs how personal information about you may be used and disclosed by the Dr. Stasch Clinic & Medispa.

Collection of Information

We may collect the following kinds of information when you use a Service:

Information you provide directly to us. For certain services or activities, such as when you register with a service, subscribe to our alerts, or contact us directly, we may collect some or all of the following types of information:

• Contact information, such as your full name, email address, mobile phone number, and address;
• Username and password;
• Payment information, such as your credit card number, expiration date, and credit card security code;
• Personal health information, including information about your diagnosis, previous treatments, general health, and health insurance;
• Doctor reviews; and
• Any other information you provide to us.

We may combine such information with information we already have about you.

Information we collect automatically.

We may collect certain information automatically when you use our Services, such as your computer’s Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information. We may also collect certain location information when you use our Services, such as your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

We may use cookies, pixel tags, Local Shared Objects, and similar technologies to automatically collect this information. Cookies are small bits of information that are stored by your computer’s web browser. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects (sometimes referred to as “Flash Cookies”) are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. By using the Services, you consent to our use of cookies and similar technologies.

We may also collect technical data to address and fix technical problems and improve our Services. Your device or browser settings may permit you to control the collection of this technical data. By using the Services, you are consenting to us or any party acting on our behalf collecting this technical data.

Information from Third-Party Services.

If you access the Services from an advertisement on a third-party website, application, or other service (a “Third-Party Service”) we may receive information from the owner of the Third-Party Service related to you or that advertisement.

Information we obtain from your health care providers and other sources.

In connection with Services that involve medical treatment, we may collect medical records from your past, current, and future health care providers. This may include information about your diagnosis, previous treatments, general health, laboratory and pathology test results and reports, social histories, any family history of illness, and records about phone calls and emails related to your illness.

We may also receive information about you from other sources, including through third-party services and organizations. We may combine our first-party data, such as your email address or name, with third-party data from other sources and use this to contact you (e.g. through direct mail). For example, if you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, we may collect information from these third-party services.

Use of Information

We may use the information we collect online to:

• Provide and improve the Services;
• Contact you;
• Fulfill your requests for products, services, and information;
• Send you information about additional clinical services or general wellness from us or on behalf of our affiliates;
• Analyze the use of the Services and user data to understand and improve the Services;
• Conduct research using your information, which may be subject to your separate written authorization;
• Prevent potentially prohibited or illegal activities and otherwise in accordance with our Terms of Use; and
• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.

Sharing of Information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

• Authorized third-party vendors and service providers. We may share your information with third-party vendors and service providers that help us with specialized services, including billing, payment processing, providing medical advice for telemedicine services, management and hosting of telemedicine services, customer service, email deployment, business analytics, marketing (including but not limited to advertising, attribution, deep-linking, direct mail, mobile marketing, optimization and retargeting) advertising, performance monitoring, hosting, and data processing. These third-party vendors and service providers may not use your information for purposes other than those related to the services they are providing to us.
• Corporate affiliates. We may share your information with our affiliates.
• Legal purposes. We may disclose information to respond to court summons, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, health, safety, and security of the Clinic, our affiliates, patients, users, or the public.
• Business Transfers. We can transfer your information as part of a transfer of the assets of the organization, merger, or consolidation or in the unlikely event of insolvency.
• Protected Health Data. We may process your health data in accordance with and as permitted under Section 46(2) of the Data Protection Act.
• With your consent or at your direction. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.

If you choose to engage in public activities on the third party sites that we link to, you should be aware that any information you share there can be read, collected, or used by other users of these sites and forums. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in public areas.

No information provided by patients during medical consultations or requests for medical appointments is ever used for marketing purposes.

Security

We use measures to protect health data from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction in accordance with the Data Protection Act. We use measures designed to protect other information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure.

Your Choices

You may also request that we delete your personal information by sending us an email at [insert email address]. We will delete such information unless we are required to maintain information in accordance with applicable law.

You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). Please note that you may need to take additional steps to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you.

We do not share health data with third parties for their own direct marketing purposes.

Third-party Links and Content

Some of the Services may contain links to content maintained by third parties that we do not control. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy.

Limiting Data Collection and Do Not Track

Opt-Out. You may opt out of interest-based advertising through the settings within the browser or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable interest-based advertising for those browsers and devices. If you opt out, you will still receive ads but they may not be as relevant to you and your interests, and your experience on our Services may be degraded.

Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit “do-not-track” signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not act in response to these signals.

International Users

We maintain information in the Republic of Kenya and in accordance with the laws of the Republic of Kenya, which may not provide the same level of protection as the laws in your jurisdiction. By using the Services and providing us with information, you understand and agree that your information may be transferred to and stored on servers located outside your resident jurisdiction and, to the extent you are a resident of a country other than Kenya, that you consent to the transfer of such data to Kenya for processing by us in accordance with this Privacy Policy.

Children

We do not knowingly allow individuals under the age of 18 to create accounts that allow access to our Services.

Changes to the Privacy Policy

We may update this Privacy Policy from time to time. When we update the Privacy Policy, we will revise the “Effective Date” date above and post the new Privacy Policy. We recommend that you review the Privacy Policy each time you visit the Services to stay informed of our privacy practices.

Questions?

If you have any questions about this Privacy Policy or our practices, please email us at [email protected].