General Terms and Conditions for the Caretaker
(last update 18 November 2019)
These general terms and conditions are applicable to the Caretaker using the digital QIT Online platform. If the application as made available by an Organisation, these general terms and conditions apply specifically to the Caretaker who, autonomously, uses the application for his or her clients.
The Caretaker is the associate working at or with the Organisation and is in charge of the therapy of his or her clients.
In some cases, the Organisation and the Caretaker may be the same person. In such cases, both these general terms and conditions and the general terms and conditions for the Organisation need to be accepted.
1. Subject of the service: the QIT online application
QIT Online is a digital platform developed by QIT bvba, located at Koning Albertlaan 104, 3010 Kessel-Lo (Belgium).
The digital platform allows Caretakers to manage their client files, organise incoming and outgoing communication with Clients and Client Systems and systematically follow-up the progress of the therapy trajectory. Certain questionnaires can be sent to the Clients and Client Systems on a regular basis during the therapy trajectory, depending on what trajectory is selected.
The choice of questionnaire and the frequency of the questionnaires have been determined by through clinical and scientific research. Extra questionnaires may be selected from the online library. Modifications of the trajectory are possible in case the specific therapeutic context call for them.
2. Security & responsibility
The application is made available through a secured network environment. It is only accessible through an encrypted https-connection and personalised login.
QIT Online is hosted by Digital Ocean, a ISO 27001 certified hosting provider that complies with the ISMS requirements (Information Security Management System) and offers extensive guaranties with regards to quality, safety and privacy protection.
QIT bvba is responsible for the technical implementation of QIT Online, the management of the digital platform, restoring any mistakes in the platform and the hosting, management and security of the data. QIT bvba partners up with Panenco bvba, an innovative software company in Leuven, for these responsibilities.
3. Contractual conditions
The QIT Online application will be available for the Caretaker for as long as it is made available to him/her by the Organisation, the Organisation pays the applicable fees and as long as there are no reasons to terminate access to the application, such as improper use of the application.
4. Intellectual property
The QIT Online digital platform is the exclusive and full property of QIT bvba. Not a single product included under the letter and the spirit of the QIT Online application can be distributed, copied, adjusted, etc. without the explicit, written and prior permission of QIT bvba.
This includes, among other things, the theoretical framework, the questionnaires, the feedback reports, the software application, etc.
5. Parties to the use of the QIT Online platform
When using the QIT Online application, multiple people will be involved. Besides QIT bvba, other involved parties include the Organisation, the Caretaker, the Client and the persons in the Client System.
The Organisation is the organisation that has obtained a license for using the application and that makes the application available.
The Caretaker is the final user of the application who inserts and processes the data of clients.
The Client is the natural person whose data is processed by the Caretaker.
Persons in the Client System are all the natural persons who are part of the treatment and who will provide input for the treatment on a periodical basis. Data concerning them will also be processed.
It is possible for the Organisation and the Caretaker to be the same person, e.g. in a solo psychotherapy practice. In that case, both the general terms and conditions for the Organisation and the general terms and conditions for the Caretaker will apply.
In terms of protection of the data during the data processing (as prescribed by the General Data Protection Regulation), the responsibility for the processing of the data through the QIT Online application jointly falls to the Organisation and the Caretaker. Their responsibility stems from the choice they make in using the application for the clients of the Caretaker.
This joint responsibility is limited to the administrative data allowing the client to be identified and to identify the general trajectory the client pursues. This data allows the person concerned to be invited and administratively followed, and to draw up aggregated and anonymised summary reports concerning the use if the questionnaires within the Organisation.
The data concerning the actual trajectory, will only be processed by the Caretaker. It is up to the Caretaker to decide which parts of the application he/she will use for monitoring the therapy.
Both the Organisation and the Caretaker(s) will ensure the application of the General Data Protection Regulation with regards to their Clients.
6. The role of QIT bvba
6.1. QIT bvba as responsible party for the Caretaker’s information
QIT bvba will process the data of the Caretaker(s) for its customer management, based on the contractual relationship that follows the accepting of these general terms and conditions. This data will only be used to make the use of the QIT Online application possible, according to the instructions of the Caretaker.
All natural persons whose data is used for these reasons, will be entitled to inspect this data and, if applicable, correction and/or deletion of this data. All these persons can contact if they wish to exercise these rights. Proof of identity must be provided. The same e-mail address may be used for any additional questions. Any person who disagrees with the way their data is being used by QIT bvba, can contact the Data Protection Authority (Drukpersstraat 35, 1000 Brussel – phone: (02) 274 48 00 – mail: firstname.lastname@example.org).
6.2. QIT bvba as processor in support of the Organisation and the Caretaker(s)
QIT bvba will act as processor of the Organisation and the Caretaker(s) that use the application, taking into account the responsibilities of the Organisations and the Caretaker(s). The obligations that come along with being the processor are described in the Processing Charter of QIT bvba, which can be consulted on QIT bvba’s website.
If necessary, a Processing Agreement can be concluded between QIT bvba and the organisation. This Processing Agreement will have the same content as the Processing Charter as consultable on QIT bvba’s website.
7. Permission of the Client and the persons in the Client System as a necessary condition for use of the application
To the extent that the application allows to process data concerning health, its use depends on the permission the Client and the persons in the Client System have given the Caretaker. Absence of this permission will block this use of the application.
Any additional permission is not necessary for the Organisation, who only has access to administrative data, and, if applicable, anonymised general reports.
8. Sharing or transferring data concerning Clients and persons in the Client System between Caretakers
Sharing or transferring data concerning the Clients and persons in the Client System with/to other Caretakers is possible under the following conditions:
The other Caretaker(s) has(have) an account with the QIT Online application.
The sharing or transferring of data is necessary for the client’s trajectory.
Sharing of data only allows the receiving party to read the data. Any alterations or adaptations of the data is not possible.
Transferring of the data entails transferring the full management of the client file to another Caretaker.
The Client and the persons in the Client System shall be informed on the sharing of their data, and will have the possibility to object to the sharing of their data.
The Client and the persons in the Client System must agree to the transfer of their data. In order to do so, they must agree to the processing of their data by the new Caretaker.
9. Alterations of the general terms and conditions
QIT bvba reserves the right to alter these general terms and conditions for the use of the QIT Online application. QIT bvba shall inform the Caretaker(s) via e-mail on any alterations of these general terms and conditions.