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Privacy Policy

This Privacy Policy describes how MALO CLINIC collects, uses, shares and protects your personal data, as well as the rights of data subjects in relation to such processing.

This Privacy Policy applies to all MALO CLINIC patients. We consider personal information to be information that, by itself or in combination with other information, enables or contributes to your identification (including your health data).

1. Collection of information

MALO CLINIC collects personal data directly from the respective data subjects, namely during the process of booking and carrying out consultations, treatments, telephone contacts, electronic communications, use of the organisation’s websites and other contact channels made available.

MALO CLINIC may also collect personal data through holders of parental responsibilities for minors or legal representatives of the data subjects.

Personal data may also be collected through third parties where this is necessary for the provision of healthcare, administrative management of the relationship with the patient or compliance with legal obligations, namely through insurers, health subsystems, other healthcare providers or partner entities.

In certain situations, data may be generated or updated in the context of the provision of healthcare, performance of complementary diagnostic examinations, management of the clinical file or use of the information systems necessary for MALO CLINIC’s activities.

1.1 Categories of personal data processed

a) Personal identification data, such as name, date of birth, sex, nationality and other identification elements;

b) Contact data, such as address, telephone number, mobile phone number and email address;

c) Administrative and billing data, including tax identification number, patient number, information relating to health subsystems, insurance or other elements necessary for the administrative management of the relationship with the patient;

d) Health data and other information necessary for the provision of healthcare, diagnosis, therapeutic planning, clinical follow-up and management of the clinical file;

e) Data relating to the data subject’s interactions with MALO CLINIC, including requests for information, contacts made through the various channels made available and communications maintained with the organisation;

f) Data resulting from call recordings and their analysis for quality control, team training, service improvement and complaints management purposes;

g) Data collected through MALO CLINIC’s websites and digital platforms, including technical information, usage records and information collected through cookies or similar technologies.

2. How we use your personal information and the legal bases

MALO CLINIC processes your personal data only when it has an appropriate lawful basis and for specified, explicit and legitimate purposes.

Your personal data may be processed for the following purposes:

a) Provision of healthcare, including consultation, diagnosis, therapeutic planning, treatment, surgery, clinical follow-up and management of the clinical file;

b) Administrative management of the relationship with the patient, including booking, confirmation and rescheduling of appointments, management of contact requests and patient support;

c) Management of billing, collections, insurance, health subsystems and other administrative procedures associated with the provision of healthcare;

d) Compliance with legal, regulatory and professional obligations applicable to MALO CLINIC’s activities;

e) Management of complaints, requests for information, internal audits, quality control and continuous improvement of the services provided;

f) Recording and analysis of calls for quality control, team training, service improvement and complaints management purposes;

g) Ensuring the security of facilities, information systems, networks and other assets used by MALO CLINIC;

h) Sending informational or promotional communications relating to MALO CLINIC’s services, whenever there is a lawful basis for doing so and, where required by law, with the prior consent of the data subject;

i) Use of patient testimonials, interviews, photographs or videos, only where prior consent has been obtained for that purpose;

j) Use of technological tools intended to support MALO CLINIC’s clinical and operational activities, including tools supporting diagnosis, patient relationship management, automation of administrative processes and improvement of service quality.

Depending on the purpose concerned, the processing carried out by MALO CLINIC may be based, namely, on the following lawful bases:

• Performance of a contract or implementation of pre-contractual measures at the request of the data subject;

• Compliance with legal obligations to which MALO CLINIC is subject;

• Provision of healthcare or treatment and management of health systems and services, under applicable legislation;

• Pursuit of MALO CLINIC’s legitimate interests, provided that the rights, freedoms and safeguards of data subjects do not prevail;

• Consent of the data subject, where legally required.

3. Sharing of information

MALO CLINIC processes its patients’ personal data confidentially and only communicates it to third parties where this is necessary for the purposes described in this Privacy Policy, for compliance with legal obligations or under the instructions or consent of the data subject, where applicable.

Depending on the nature of the processing, personal data may be communicated to the following categories of recipients:

a) Healthcare professionals and other healthcare providers involved in the provision of care to the patient or in the patient’s clinical follow-up;

b) Laboratories, entities responsible for carrying out complementary diagnostic and therapeutic examinations, dental prosthesis laboratories and other entities involved in the provision of healthcare requested by the patient;

c) Insurers, health subsystems and other entities responsible for managing reimbursement, co-payment or healthcare coverage processes;

d) Technology service providers, clinical information system providers, communication, hosting, storage and technical support providers and other entities providing services to MALO CLINIC in the context of its activities;

e) Regulatory entities, public authorities, courts, law enforcement authorities or other competent entities, where this results from a legal obligation or lawful order;

f) Consultants, auditors, lawyers or other professional service providers supporting MALO CLINIC’s activities, subject to appropriate confidentiality obligations;

g) Partner entities involved in training, research, certification or other activities promoted by MALO CLINIC, where this is necessary for their execution.

Whenever MALO CLINIC uses entities that process personal data on its behalf and in accordance with its instructions, it will ensure the execution of the contractual instruments required by applicable personal data protection legislation and the implementation of appropriate measures to protect personal data.

Whenever the communication of personal data depends on the consent of the data subject, such communication will only take place after obtaining that consent and within the limits of the authorisation granted.

4. Use of artificial intelligence tools

MALO CLINIC may use technological tools incorporating artificial intelligence functionalities to support certain clinical and operational activities, namely in the management of the relationship with patients, automation of administrative processes, support to clinical activity, improvement of service quality and analysis of information necessary for the provision of healthcare.

Whenever these tools are used, MALO CLINIC seeks to ensure that the processing of personal data is carried out in a manner compatible with applicable personal data protection legislation, adopting appropriate security, confidentiality and access control measures.

The use of these tools does not eliminate human intervention and supervision in healthcare provision and patient relationship processes.

MALO CLINIC does not use exclusively automated decision-making capable of producing legal effects or similarly significant impacts on data subjects, under applicable personal data protection legislation.

5. Transfer of information

In the context of its activities, MALO CLINIC may use service providers or technological solutions involving the processing of personal data outside the country where the data was initially collected or, in certain situations, outside the European Economic Area.

Whenever an international transfer of personal data occurs, MALO CLINIC will seek to ensure that it is carried out in accordance with applicable personal data protection legislation and that appropriate safeguards are adopted to ensure a level of protection equivalent to that required in the European Economic Area.

Such safeguards may include, as applicable, adequacy decisions issued by the European Commission, standard contractual clauses approved by the European Commission or other legally provided mechanisms for that purpose.

If you wish to obtain additional information about the international transfers of personal data carried out by MALO CLINIC and the respective safeguards, you may contact us through the means indicated in this Privacy Policy.

6. Retention of personal data

MALO CLINIC retains personal data only for the period necessary to pursue the purposes that justified its collection and processing, without prejudice to legally applicable retention periods and the need to retain it for the declaration, exercise or defence of rights in judicial, administrative or other proceedings.

Data forming part of the clinical file is retained in accordance with legislation applicable to the healthcare sector and other legal obligations to which MALO CLINIC is subject.

Whenever personal data is no longer necessary for the purposes that justified its collection and processing and there is no legal basis requiring its retention, it will be securely deleted or anonymised in accordance with applicable internal procedures.

Data processed for marketing purposes will be retained for as long as the respective lawful basis remains in place or until the data subject withdraws previously given consent or exercises the right to object, where applicable.

7. Your rights

Under applicable personal data protection legislation, you may exercise, in certain circumstances and subject to verification of the respective legal requirements, the following rights:

a) Right of access to your personal data;

b) Right to rectify inaccurate or incomplete personal data;

c) Right to erase your personal data, where applicable;

d) Right to restriction of processing of your personal data;

e) Right to object to the processing of your personal data, in the cases provided for by law;

f) Right to data portability, where applicable;

g) Right to withdraw, at any time, previously given consent, without affecting the lawfulness of processing carried out on the basis of that consent until the date of withdrawal;

h) Right not to be subject to exclusively automated decisions, under applicable legislation.

MALO CLINIC will seek to respond to requests submitted by data subjects within the legally applicable time limits.

To exercise any of your rights or obtain additional clarification about the processing of your personal data, you may contact MALO CLINIC’s Data Protection Officer through the contacts indicated in this Privacy Policy.

If you consider that the processing of your personal data is not carried out in accordance with applicable legislation, you also have the right to lodge a complaint with the Portuguese Data Protection Authority (CNPD) or another competent supervisory authority.

8. Security of personal data

MALO CLINIC adopts appropriate technical and organisational measures to protect personal data against destruction, loss, alteration, disclosure, unauthorised access or any other form of unlawful or accidental processing.

These measures are implemented taking into account the nature of the data processed, the purposes of the processing, the state of the art and the risks to the rights and freedoms of data subjects.

MALO CLINIC also promotes the adoption of internal procedures intended to ensure the confidentiality, integrity, availability and resilience of the systems and services used in the processing of personal data, as well as limiting access to data to those who need it for the performance of their duties.

All employees and service providers who access personal data are subject to confidentiality obligations and the applicable internal rules on data protection and information security.

Notwithstanding the measures adopted by MALO CLINIC, the transmission of information through the Internet or other electronic means is not entirely risk-free, and therefore it is not possible to guarantee absolutely the security of any information transmitted through such means.

9. Children’s privacy

MALO CLINIC provides healthcare to minors within the scope of its clinical activities and processes their personal data whenever this is necessary for the provision of the requested healthcare and in accordance with applicable legislation.

Whenever necessary, MALO CLINIC will ensure the involvement of holders of parental responsibilities or legal representatives of the minor, namely for the provision of legally required information, exercise of rights or obtaining the necessary authorisations.

MALO CLINIC adopts appropriate measures to protect minors’ personal data and ensure that such processing is carried out in a manner compatible with their rights and interests.

10. Our contacts

General Contact

Tel: (+351) 217 228 100

Email: geral@maloclinics.com

Address: Avenida dos Combatentes, 43A 1600-042 Lisbon, Portugal

Data Protection Officer

For any question relating to the processing of your personal data or for the exercise of your rights as a data subject, you may contact MALO CLINIC’s Data Protection Officer through the following email address: dpo@maloclinics.com

MALO CLINIC will seek to analyse and respond to questions, requests or complaints submitted regarding the processing of your personal data.

Without prejudice to any other administrative or judicial remedy, the data subject has the right to lodge a complaint with the Portuguese Data Protection Authority (CNPD), as the competent supervisory authority in Portugal.

More information is available at: www.cnpd.pt