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Consent, GDPR, T&Cs

Consent & GDPR policy & terms and conditions

February 1, 2021, Author: Sonja Lynch

What2eat delivered by Sonja Lynch CORU Registered Dietitian DI 01936, Deirdre Mullally CORU Registered Dietitian DI018567 and Olivia Geraghty CORU Registered Dietitian DI010101 is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. If you consent to us contacting you for this purpose, please tick below:

In order to be able to coordinate and provide your appointment, we need to store and process your personal data. You can request for your data to be removed at any time. For more information on how we process your data, our privacy practices, and how we are committed to protecting and respecting your privacy, please review GDPR information below. If you consent to us storing your personal data for this purpose, please tick the checkbox below. Unfortunately we will be unable to complete your booking if you do not agree to these terms.
By paying for your appointment/event, you: – Accept that your dietitian can not accept responsibility for local problems such as connectivity, software and hardware issues. However, your dietitian will do what she can to assist you with any connection issues. If the appointment is unable to go ahead at the scheduled time due to connection issues, your dietitian will rebook your appointment/event to another date/time that suits. – Understand that we will strive to provide you with a similar service as she would provide in person, but that she will be unable to conduct hands-on assessments. – Accept your Dietitians terms and conditions, which you can find here:

Terms and Conditions

1 INTRODUCTION
1.1 These Terms and Conditions set out the terms and conditions upon which the Dietitian is to provide the Service to You and will apply to the exclusion of all other terms and conditions (other than those which cannot lawfully be limited/excluded such as any rights which You are entitled to as a consumer). Any variation/addition to these Terms & Conditions will only be valid if they are made in writing and signed by the Dietitian.
1.2 In these Terms&Conditions words and expressions beginning with capital letters shall have the following meanings: (a) Charges means the charges of the Dietitian which are payable by You for the provision of the Service as initially advised to You prior to You placing Your order for the Service; (b) Dietitian means Sonja Lynch RD, Deirdre Mullally RD & Olivia Geraghty RD what2eat, email: info@what2eat.ie. (c) Service means clinical dietetic consultation services as more particularly described in Clause 3; and (d) You means the individual service user booking the Service from the Dietitian.
1.3  Your Dietitian reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued use of the Services will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
2 CHARGES
2.1 Payment of the Charges is required in advance and the Dietitian shall be under no obligation to provide the Service to You unless and until You have paid the Charges in full. In the event that the Dietitian agrees to accept payment of the Charges in arrears, in installments or to commence provision of the Service prior to You making payment then the Dietitian will be entitled to suspend or terminate the provision of the Service without liability to You if You fail to make any payment as previously agreed.
3 PROVISION OF THE SERVICE
3.1 The Service is available to those aged over 18 years of age or to individuals aged under 18 years of age with parental consent.
3.2 The Service consists of the provision to You of individual diet and nutrition related advice and consultations. This includes the collection and assessment of information relating to Your current diet and the making of recommendations as to how to adjust Your diet to address Your goals or concerns. However, it is not possible to guarantee that any specific result will be obtained as a result of availing of the Service.
3.3 Following receipt of payment of the Charges, your Dietitian will agree with You a mutually convenient time for any consultations to be provided as part of the Service.
3.4 The Service does not include (and the Dietitian shall be under no obligation to provide to You) any services which it would be unlawful, illegal or unethical to provide or which would require the Dietitian to act in breach of any code of conduct or other regulation to which she is subject. Such services include, but are not limited to: advice on the use of illegal substances or the misuse or abuse of any medications or the treatment of any diagnosed eating disorder (unless such treatment is provided in combination with other health care professionals in accordance with all applicable treatment guidelines).
4 SERVICE STANDARDS
4.1 The Dietitian ensures that as at the date of Your order she is a registered Dietitian and will maintain all professional registrations which may be required from time to time to enable her to lawfully provide the Service to You.
4.2 The Dietitian shall provide the Service to You using reasonable skill and care and in accordance with all legal and regulatory obligations which apply to the Dietitian and the Service.
5 LIABILITY
5.1 The Dietitian does not seek to limit or exclude in any way her liability for: (a) death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; (c) for any rights which You are entitled to when dealing as a consumer; (d) for any remedial action which any regulatory authority having jurisdiction over the Dietitian may order her to carry out; (e) and for any other liability which cannot lawfully be limited or excluded. Each provision of these Terms and Conditions shall be read as subject to this Clause 5.1 and no provision shall be interpreted as seeking to limit or exclude any of the foregoing types of liability.
5.2 Save as otherwise provided for under Clause 5.1, the maximum liability of the Dietitian to You in connection with the provision of the Service and any breach by the Dietitian of these Terms and Conditions shall be limited to the value of the Charges actually paid by You to the Dietitian.
6 CANCELLATION AND REFUNDS
6.1 If You have ordered the Service online, over the telephone or by any other means which does not involve face to face contact with the Dietitian then at anytime up to 48 hours before your appointment time You can cancel it by writing in an email to the Dietitian at info@what2eat.ie and receive a full refund of any Charges already paid by You. 
6.2 If You wish to cancel an agreed appointment or consultation within 24 hours of the agreed appointment time, then You will be entitled to a refund of 50% of any Charges already paid by You. If You fail to attend the appointment or consultation at the agreed appointment time, then You will not be entitled to any refund or credit of the Charge paid for that appointment or consultation.
6.3 In addition to the cancellation rights provided under Clause 6.1 and 6.2, You are free to cancel or terminate the provision of the Service at anytime and for any reason. However, no refund will be payable to You of any Charges paid in advance unless the Dietitian agrees at her discretion to do so or where You have terminated the provision of the Service because the Dietitian has breached these Terms and Conditions.
6.4 Provided that doing so does not cause her to breach of any code of conduct or other regulation which she is subject to, the Dietitian may terminate the provision of the Service at any time and should she do so, You will receive as Your exclusive remedy a refund of any advance Charges already paid by You for Services which have not yet been provided. The Dietitian shall not be required to provide any such refund if her reason for terminating the provision of the Service is: (a) because You have requested the Dietitian provide any service to You which it would be illegal, unlawful or unethical for her to provide or would result in her breaching any code of conduct or other regulation which she is subject to; or (b) where the Dietitian exercises her rights of termination under Clause 2.1.
7 GOVERNING LAW
7.1 These Terms and Conditions, the provision of the Service and the relationship between You and the Dietitian generally is governed by the law of Ireland and the courts of Ireland shall have exclusive jurisdiction to hear any dispute.

GDPR

By completing our consent form you agree to the terms below.

This Data Processing Agreement (“Agreement”) forms part of the Contract for Services (“Principal Agreement”) between WHAT2EAT.IE (the “Company”) and The Patient (the “Data Processor”) (together as the “Parties”)

WHEREAS

(A) The Company acts as a Data Controller.

(B) The Company wishes to subcontract certain Services, which imply the processing of personal data, to the Data Processor.

(C) The Parties seek to implement a data processing agreement that complies with the requirements of the current legal framework in relation to data processing and with the 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 (General Data Protection Regulation).

(D) The Parties wish to lay down their rights and obligations.

IT IS AGREED AS FOLLOWS:

1. Definitions and Interpretation

1.1 Unless otherwise defined herein, capitalized terms and expressions used

in this Agreement shall have the following meaning:

1.1.1 “Agreement” means this Data Processing Agreement and all

Schedules;

1.1.2 “Company Personal Data” means any Personal Data

Processed by a Contracted Processor on behalf of Company

pursuant to or in connection with the Principal Agreement;

1.1.3 “Contracted Processor” means a Subprocessor;

Data Processing Agreement — Your Company

1.1.4 “Data Protection Laws” means EU Data Protection Laws and, to the extent applicable, the data protection or privacy laws of any other country;

1.1.5 “EEA” means the European Economic Area;

1.1.6 “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each Member State and as amended, replaced or superseded from time to time,  including by the GDPR and laws implementing or supplementing the GDPR;

1.1.7 “GDPR” means EU General Data Protection Regulation

2016/679;

1.1.8 “Data Transfer” means:

1.1.8.1 a transfer of Company Personal Data from the Company to a Contracted Processor; or

1.1.8.2 an onward transfer of Company Personal Data from a Contracted Processor to a Subcontracted Processor, or between two establishments of a Contracted Processor, in each case, where such transfer would be prohibited by Data Protection Laws (or by the terms of data transfer agreements put in place to address the data transfer restrictions of Data Protection Laws);

1.1.9 “Services” means the Dietetic  services the

Company provides.

1.1.10 “Subprocessor” means any person appointed by or on behalf of Processor to process Personal Data on behalf of the Company in connection with the Agreement.

1.2 The terms, “Commission”, “Controller”, “Data Subject”, “Member

State”, “Personal Data”, “Personal Data Breach”, “Processing” and

“Supervisory Authority” shall have the same meaning as in the GDPR,

and their cognate terms shall be construed accordingly.

2. Processing of Company Personal Data

2.1 Processor shall:

2.1.1 comply with all applicable Data Protection Laws in the Processing

of Company Personal Data; and

2.1.2 not Process Company Personal Data other than on the relevant

Company’s documented instructions.

Data Processing Agreement — Your Company

2.2 The Company instructs Processor to process Company Personal Data.

3. Processor Personnel

Processor shall take reasonable steps to ensure the reliability of any employee, agent or contractor of any Contracted Processor who may have access to the Company Personal Data, ensuring in each case that access is strictly limited to those individuals who need to know / access the relevant Company Personal Data, as strictly necessary for the purposes of the Principal Agreement, and to comply with Applicable Laws in the context of that individual’s duties to the Contracted Processor, ensuring that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.

4. Security

4.1 Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, Processor shall in relation to the Company Personal Data implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR.

4.2 In assessing the appropriate level of security, Processor shall take account in particular of the risks that are presented by Processing, in particular from a Personal Data Breach.

5. Subprocessing

5.1 Processor shall not appoint (or disclose any Company Personal Data to) any Subprocessor unless required or authorized by the Company.

6. Data Subject Rights

6.1 Taking into account the nature of the Processing, Processor shall assist the Company by implementing appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of the Company obligations, as reasonably understood by Company, to respond to requests to exercise Data Subject rights under the Data Protection Laws.

6.2 Processor shall:

6.2.1 promptly notify Company if it receives a request from a Data

Subject under any Data Protection Law in respect of Company

Personal Data; and

6.2.2 ensure that it does not respond to that request except on the documented instructions of Company or as required by Applicable Laws to which the Processor is subject, in which case Processor shall to the extent permitted by Applicable Laws Data Processing Agreement — Your Company inform Company of that legal requirement before the Contracted Processor responds to the request.

7. Personal Data Breach

7.1 Processor shall notify Company without undue delay upon Processor becoming aware of a Personal Data Breach affecting Company Personal Data, providing Company with sufficient  information to allow the Company to meet any obligations to report or inform Data Subjects of the Personal Data Breach under the Data Protection Laws.

7.2 Processor shall co-operate with the Company and take reasonable commercial steps as are directed by Company to assist in the investigation, mitigation and remediation of each such Personal Data Breach.

8. Data Protection Impact Assessment and Prior Consultation Processor shall provide reasonable assistance to the Company with any data protection impact assessments, and prior consultations with Supervising Authorities or other competent data privacy authorities, which Company reasonably considers to be required by article 35 or 36 of the GDPR or equivalent provisions of any other Data Protection Law, in each case solely in relation to Processing of Company Personal Data by, and taking into account the nature of the Processing and information available to, the Contracted Processors.

9. Deletion or return of Company Personal Data

9.1 Subject to this section 9 Processor shall promptly and in any event within 10 business days of the date of cessation of any Services involving the Processing of Company Personal Data (the “Cessation Date”), delete and procure the deletion of all copies of those Company Personal Data.

9.2 Processor shall provide written certification to Company that it has fully complied with this section 9 within 10 business days of the Cessation

Date.

10. Audit rights

10.1 Subject to this section 10, Processor shall make available to the Company on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections, by the Company or an auditor mandated by the Company in relation to the Processing of the Company Personal Data by the Contracted Processors.

10.2 Information and audit rights of the Company only arise under section 10.1 to the extent that the Agreement does not otherwise give them information and audit rights meeting the relevant requirements of Data

Protection Law.

Data Processing Agreement — Your Company

11. Data Transfer

11.1 The Processor may not transfer or authorize the transfer of Data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data.

12. General Terms

12.1 Confidentiality. Each Party must keep this Agreement and information it receives about the other Party and its business in connection with this Agreement (“Confidential Information”) confidential and must not use or disclose that Confidential Information without the prior written consent of the other Party except to the extent that:

(a) disclosure is required by law;

(b) the relevant information is already in the public domain.

12.2 Notices. All notices and communications given under this Agreement must be in writing and will be delivered personally, sent by post or sent by email to the address or email address set out in the heading of this Agreement at such other address as notified from time to time by the Parties changing address.

Data Processing Agreement — WHAT2EAT.IE

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of Ireland.

13.2 Any dispute arising in connection with this Agreement, which the Parties will not be able to resolve amicably, will be submitted to the exclusive jurisdiction of the courts of Ireland, subject to possible appeal to EU.