Regulations

Regulations for using Be ComplEAT services

For the purposes of these Regulations, the following terms shall mean:

I. Glossary

Regulations – these Regulations, which specify the terms and conditions for the use of the Services offered by the Service Provider to Customers – constituting in particular professional advice on nutrition, taking into account the conditions and objectives determined individually for the Customer.
Service Provider – Agnieszka Kułaga, conducting business under the name Agnieszka Kułaga Dietetyka Funkcjonalna, business address: ul. Bielatowicza 11, 33-100 Tarnów, NIP: 8732999444, REGON: 120951277.
Dietician – a specialist acting on behalf of the Service Provider, who conducts the Customer’s dietary management according to the type of Services purchased by the Customer.
Customer – a natural person, of age, having full legal capacity, who uses the Services provided by the Service Provider. A person who does not meet the criteria indicated in the first sentence may use the Services provided by the Service Provider only with the written consent of the appropriate legal guardian.
Services – a set of services provided by the Service Provider to the Customer, consisting of providing dietary consultations, including taking the history on the health status and current eating habits of the Customer, taking anthropometric measurements, ordering suggested tests, developing individual meal plans. The scope of the Services provided is indicated on the website: https://dietetyka.becompleat.pl in the “Regulations” tab.
Online service – dietary consultation, provided through the website https://dietetyka.becompleat.pl, by telephone and/or via email and/or instant messenger, including a conversation and/or analysis of the test results sent by the Customer and/or the arrangement of the meal plan and/or supplementation, according to the rules set out in pt. V-VII. of the Regulations.
Stationary service – dietary consultation provided in the Office, including a conversation and/or analysis of test results sent by the Customer and/or arrangement of the meal plan and/or supplementation, according to the rules set out in pt. VIII-IX of the Regulations.
Office – “Dietetyka Funkcjonalna” office run by Agnieszka Kułaga with the help of a specialized team of dieticians. The Office is located in Tarnów at the address: ul. Przybyłkiewicza 13 and in Cracow at the address: Al. 3-go Maja 11a.
Website – website available at https://dietetyka.becompleat.pl/. The owner and administrator of the Website is the Service Provider.
Service Agreement – an agreement concluded by the Service Provider with the Customer, on the terms provided for in the Regulations and with the content consistent with these Regulations.
Medical History – a questionnaire containing personal data of the Customer, concerning self-assessment of health status, completed and submitted by the Customer.
Food Diary – a daily record of eating habits kept by the Customer for at least 3 full days, including a detailed description and time of the meals consumed.
Diet Therapy Plan – a dietary plan arranged for the Customer taking into account their health status and possible food preferences.
Price List – a list of current fees for using the Services. The prices indicated in the Price List are gross prices.
Working days – weekdays from Monday to Friday between 10 am and 5 pm, except for public holidays in the Republic of Poland falling within this period.
Consultation – a conversation with a dietician during which the results of the Customer’s tests, food diary and dietary questionnaire are analysed. Medical history is taken, a conversation regarding the current diet, daily schedule, the Customer’s priorities is held, as well as the objectives of the diet therapy are set.

II. General provisions

In order to use the services offered by the Service Provider electronically, the following technical conditions must be met: a) access to a web browsing device with an Internet connection; b) properly installed web browser, with the acceptance of cookies enabled; c) having an active email account and Skype instant messenger.
These Regulations apply to consultations and provision of services provided directly in the Office and online, subject to the separate provisions indicated in these Regulations. Consultations provided by Dieticians online are carried out via email and Skype instant messenger, and providing consultations in this mode by other means is not provided.
Consultations are of informational nature and do not replace medical advice.
The Customer acknowledges and accepts that the Services provided by Dieticians through the Office (stationary) and/or online do not guarantee the effects assumed and expected by the Customer. In particular, the Service Provider, as well as none of the Dieticians, is not responsible for the consequences resulting from improper use of the diet therapy plan (diet), recommendations and/or supplementation provided to the Customer by the Dietician. The Customer acknowledges and accepts that failure to comply or selective application of the recommendations of the Dietician, as well as withholding information or providing false or incomplete and/or unreliable information by the Customer, may adversely affect the health and/or life of the Customer and, above all, the effect of the diet or the diet therapy plan, for which neither the Service Provider nor the Dietician is responsible.
The Service Provider as well as each of the Dieticians has the right to refuse to provide the Service in the event when: the Customer’s behavior indicates that they are under the influence of alcohol, drugs, other narcotic and/or psychotropic drugs, substances with similar effects, or the Customer’s behavior is offensive to the Service Provider, Dieticians, Office employees; performance of the Service could endanger the health or life of the Customer; the Customer refuses to cooperate with the Service Provider and/or Dietetician.
The condition necessary to use the Services offered by the Service Provider is to read and accept these Regulations in their entirety.
The Customer has the right to download the documents provided and to print whole pages or fragments for their own use, provided that the copyrights are not infringed. No part of the website may be copied in whole or in part for commercial purposes, published, electronically transmitted or otherwise modified or used without the prior consent of the Service Provider.
The Service Provider and Dieticians are obliged to secrecy of any information that they have acquired by the Customer in connection with the services provided to the Customer under these Regulations.

III. Customer’s additional obligations and Service Provider’s statements

The Customer is obliged to provide only true data to the Service Provider, and to amend this information in a way that it reflects the current situation.
In case of failure to provide full information on the health status of the Customer, Service Provider shall not be liable for the consequences of the Customer’s use of the recommended actions.
Before starting a personalized diet (diet therapy plan), the possibility of its use should be consulted with a doctor. It is up to the doctor to make the final decision on the application of the diet and supplementation of the Customer.
Despite a negligible risk of side effects, the Service Provider and/or the Dietician cannot predict all possible contraindications to the use of the recommended supplementation and diet and is not responsible for the negative effects of their use.
Nutritional recommendations and supplements recommended by the Service Provider and/or the Dietician are fully legal. The Service Provider and/or the Dietician shall not be liable for the Customer’s taking other preparations than those recommended. First of all, the Service Provider and/or Dietetician shall not be liable if any prohibited substances are detected in the Customer’s body.

IV. Technical requirements necessary for cooperation with the Service Provider’s ICT system in the case of providing Services online

In order to use the Service, the following technical requirements must be met jointly:
1.1. having an active email and Skype account;
1.2. having access to a web browsing device;
1.3. having an active connection between Customer’s device and the Internet;
1.4. Mozilla Firefox/ Google Chrome/ Safari browser
1.5. acceptance of Cookie files, Java Script support enabled, etc.
The use by the Customer of operating systems and/or Internet browsers other than those indicated above may cause difficulties in the use of the Service.
The Customer undertakes not to provide illegal content.

V. Type and scope of Services provided on-line

The Service Provider provides Services against payment.
The course of consultations preceding the provision of Services is described on the website https://dietetyka.becompleat.pl in the “Offer” tab. The Customer is obliged to read the information indicated in the above tab. The above obligation of the Customer to familiarize themselves with the procedures is intended to prepare the Customer for the appointment within the framework of the provided Service; Failure to familiarize the Customer with the described procedures and lack of preparation for the appointment may result in the necessity to postpone the appointment and charge the Customer with related costs.
In order to use the Service on-line, the Customer chooses the type of consultation available on the website. They then make the payment according to the procedure provided for in point VI of the Regulations.
Confirmation of the Service selected by the Customer is the receipt of an e-mail message by the Customer that the payment made by the Customer has been credited to the Provider’s bank account together with information about the date of consultation.
Within 14 days from the date of consultation, the Customer receives a diet therapy plan by mail to the address indicated by the Customer.
Each consultation, regardless of its form, constitutes a service within the meaning of these Regulations and is payable.

VI. Payments for Services provided on-line

In the case of the Service provided on-line, after selecting the Offer, the Customer is obliged to pay for the ordered Service by bank transfer to the account indicated in the Service, entering “First and last name” of the Customer in the title of the transfer.
If the Service Provider does not find the payment of the price for the Services selected by the Customer within 3 (three) working days from the date of order – the order is cancelled.
The price list of dietetic services made available on the Website is valid from 20 June 2018 until further notice.
All prices contained on the website are gross prices.
The Service reserves the right to make changes to the prices of services on offer and to carry out and cancel all kinds of promotional actions.
Payment for the Services is tantamount to the conclusion of a Service Agreement between the Customer and the Service Provider under the conditions set out in the Regulations.

VII. Withdrawal from the agreement in the case of on-line provision of Services

Subject to the exception provided for in point 4 below, the Customer has the right to withdraw from the Agreement within 14 days of its conclusion without giving any reason. In this case, the Customer shall submit a written statement of withdrawal to the Service Provider. To comply with the deadline, it is sufficient to send the statement before its expiry.
Withdrawal declarations may be submitted to the Service Provider by sending them by e-mail to kontakt@becompleat.pl.
The Service Provider shall immediately, no later than 14 days from the date of receipt of the Customer’s statement of withdrawal from the agreement, return all payments made by the Customer. The return of payments shall be made using the same payment methods as those used by the Customer, unless the Customer has agreed to another way of returning payments that will not involve any costs for them.
The right of withdrawal shall not apply if Service Provider has already performed the Service in full and the Customer was informed prior to the commencement of the Service, that after the Service Provider’s performance, they will lose their right to withdraw from the Agreement and gave their express consent to do so.

VIII. Type and scope of Services provided in a stationary mode

The Service Provider provides Services against payment.
The course of consultations preceding the provision of Services is described on the website https://dietetyka.becompleat.pl in the “Offer” tab. The Customer is obliged to read the information indicated in the above tab. The above obligation of the Customer to familiarize themselves with the procedures is intended to prepare the Customer for the appointment within the framework of the provided Service; Failure to familiarize the Customer with the described procedures and lack of preparation for the appointment may result in the necessity to postpone the appointment and charge the Customer with related costs.
In order to use the Service in the stationary mode, the Customer should first make an appointment via telephone or e-mail.
The service provided in the stationary mode depends on the Service/Consultation selected by the Customer. The offer together with a detailed description is available on the website https://dietetyka.becompleat.pl in the “Offer ” tab.

IX. Payments for stationary services

Payments can be made in cash in the Office on the day of the appointment or by bank transfer before the date of the appointment stating the first and last name in the title of the transfer.
The price list of dietetic services made available on the Website is valid from 20 June 2018 until further notice.
All prices listed on the website are gross prices.
The Service reserves the right to make changes in the prices of the services on offer and to carry out and cancel all kinds of promotional campaigns.
Payment for the Services is tantamount to the conclusion of a Service Agreement between the Customer and the Service Provider under the conditions specified in the Regulations.

X. Protection of personal data

The Service Provider is the administrator of the Customers’ personal data within the meaning of the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended). The Customer wishing to use the Services or consultations offered by the Service Provider is obliged to submit a declaration of consent to the processing of personal data, including so-called sensitive data.
The Service Provider protects the Customers’ personal data and processes them only to the extent necessary for the proper implementation of the Agreement, and to keep records of its progress.
Providing personal data is voluntary. The Customer has the right to access their personal data together with the right to update, correct and temporarily or permanently suspend or delete them.
In particular, the Service Provider gathers such information and documents as: personal data of the Customer, dietary questionnaire, history, test results.
The Customer, who decides to use the Services, is obliged to submit an appropriate declaration of consent to the processing of personal data, including the so-called “sensitive data” concerning in particular their health or addictions.
The Customers’ personal data may constitute a set of personal data within the meaning of the above mentioned Act and as such a set may be registered in the register kept by the Main Inspectorate for Personal Data Protection.
The Service Provider may process the Customer’s personal data for marketing or advertising purposes, including the transmission of commercial information, only with the Customer’s voluntary and explicit consent expressed by ticking the appropriate box on the Website.
Service Provider shall not use the Customer’s personal data for purposes other than those described in these Regulations.
Detailed rules concerning collection, processing and protection of personal data of the Customers are included in the Privacy Policy available on the Website.
The Customer may agree to store small text files (so-called cookies) on their computer. Detailed data on the purpose of storing and accessing information by using cookies and on the protection of personal data of the Customers are provided in the Cookies Policy available on the Website.

XI. Complaints

Complaints submitted in connection with the use of the Service by the Customer may be sent via electronic mail to the following address: kontakt@becompleat.pl.
Complaints should be submitted within 7 (seven) days from the date of the event justifying the complaint.
The complaint should contain a detailed designation of the Customer submitting the complaint and contain a brief description of the event justifying the complaint.
Within 21 (twenty-one) days from the date of receipt of a correct complaint, it shall be considered; the Customer shall receive information to the e-mail address indicated in the complaint.
If the Customer’s complaint is deemed justified, the Service Provider may offer the Customer a different form of Service provision or another Service of the same value as the complaint.

XII. Final provisions

The agreement between the Customer and the Service Provider is governed by Polish law.
The parties are obliged to respect the applicable law. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply.
If any provision of these Regulations by operation of law, or a final judgment of any administrative body or court, is found to be invalid or ineffective, the remaining provisions of the Regulations shall remain in full force and effect.
The Service Provider reserves the right to amend the Regulations. The provisions of the new Regulations and/or any amendments to the Regulations shall be posted on the website. The new Regulations shall enter into force on the date of publication. Changes to the Regulations do not apply to Customers with whom agreements have already been concluded – until the end of the period for which the Service has been purchased.
The Regulations shall enter into force on 20 May 2018.

Appendix 1 Dietary Office customers information clause

Dear Patients,

Regulation 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RoD) entered into force on 25 May 2018.

In view of the above – in connection with the provision of dietetic/psychodietetic services to you – I would like to inform you that:

The administrator of your personal data is:

Dietetyka Funkcjonalna Agnieszka Kułaga (hereafter: Office) 33-100 Tarnów, ul. Przybyłkiewicza 13.

NIP: 873-299-94-44, e-mail: kontakt@becompleat.pl

Your personal data is processed for the purpose of:

1.providing dietetic/psychodietetic services,

2.archiving.

The Office will process as little data as necessary for the implementation of the offered dietetic/psychodietetic services, according to the following principles arising directly from the Regulation):

·principle of legality, fairness and transparency

·principle of data minimization and adequacy

·principle of data accuracy

·principle of purpose limitation and storage of processed data

·principle of data integrity and confidentiality

·principle of accountability

The legal basis for processing your data will be: your consent.

Furthermore, I inform you that you have:

·Data access right – the Patient has the right to request information on whether their personal data is being processed,

·Right of data rectification – The Patient has the right to demand the immediate rectification of incorrect personal data or the completion of incomplete data,

·Right to delete data (right to be forgotten) – The Patient has the right to request the deletion of the data when they are no longer necessary for the purpose for which they were collected or when the data were not processed in accordance with the GDPR or other legal provisions,

·Right to data transfer – The Patient to whom the data relate has the right to transfer their data,

·Right to object to the processing – The Patient to whom the data relate may object to the processing of their personal data, although this may in practice mean the discontinuance of services.

The provision of data is voluntary, but necessary for the implementation of the service. In case of withdrawal of your consent, it will be impossible for the administrator to continue providing dietetic/psychodietetic services to you.

You have the right to withdraw your consent at any time. Withdrawal of your consent does not affect the lawfulness of the processing of your data, which was carried out on the basis of your consent before its withdrawal.

Your data may be transferred to the following entities:

1. accounting company;

2.other companies, if it is necessary for the fulfilment of the agreement concluded with you.

The duration of the processing of your personal data depends on the purpose for which the data are processed. The period for which your personal data will be stored depends on:

1.the period for which the administrator provides dietetic/psychodietetic services to you and afterwards in order to fulfill the legal obligations of the administrator;

2.the legal provisions which may oblige the administrator to process the data for a certain period;

3.the period necessary to defend the administrator’s interests.

We ensure that in processing your personal data the administrator applies organizational and technical measures in accordance with the relevant regulations.

In case of doubts concerning the correctness of the processing of your personal data by the administrator, you have the right to lodge a complaint with the supervisory authority (Chairman of the Office for Personal Data Protection).

Your data will not be transferred outside the European Economic Area.

Please send any correspondence in matters related to the processing of your personal data via e-mail with the note “Personal data”.