NATURE AND APPLICABILITY OF TERMS

The Agreement applies to you whether you are -

1. Designated national agencies from the Department of Health (DoH),
2. Inter-Agency Task Force (IATF), and
3. Local Government Units (LGUs); or
4. Otherwise a user of the Application (“You” or “User”).

This Agreement applies to those services made available by DOH on the Application (“Services”), which are offered free of charge to the Users of the Application, including the following key features:

1. Web-based digital triage and information registration and updating system
2. SMS-based symptom registration and updating tool
3. Chat-based symptom registration and updating tool
4. Information updating page for registered users
5. LGU portal dashboard which contains
   • Frequency counts on citizen-reported personal information, provisional case classifications for LGU verification distributed to mild/moderate, severe, probable, confirmed, low risk;
   • Aggregate count on total reports, new daily reports, and verification progress;
   • Distribution by Age, Sex, and Age & Sex;
   • Line graph on the frequency of daily reports;
   • Bar graph on provisional cases distribution disaggregated per barangay
   • Close contact tracing performance
   • Citizen feedback
   • Frequencies of symptoms reported, comorbidities, and vulnerability
   • Time series of volume of received reports
   • Distribution of mild symptom onset per barangay
   • Workplace health status monitoring portal for detection of early clustering of symptoms in settings
6. LGU portal case management index for reviewing the citizen-reported information, updating medical and personal information based on the Client Investigation Form (CIF) upon personal interview or call profiling, and forwarding to the COVID Kaya system once verified.

The Services may change from time to time, at the sole discretion of DOH, and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered in the platform. If you have any questions about any part of the Agreement, feel free to contact us at nationalehealthprogram@gmail.com.

By accessing the application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement to this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies, and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Application or avail any Services.

Your access to the use of the Application and the Services will be solely at the discretion of DOH.

The Agreement is published in compliance of, and is governed by the provisions of the Philippine law, including but not limited to the:

Universal Healthcare Act, Philippine Data Privacy Act of 2012 (the “DPA”) (Republic Act No. 10173), to the extent provided under Section 6, and rules, regulations, guidelines, and clarifications framed thereunder, including the DICT, DOH, Philhealth.

CONDITIONS OF USE

By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to us that you are 18 years of age or older and that you have the right, authority and capacity to use the Application and its Services, and agree to and abide by this Agreement.

By registering and using the integrated TanodCOVID (via SMS) and KIRA (via Chat) tools, you consent to sharing your contact number and subscribing to receiving notifications for the purpose of but not limited to health reminders, updating and verifying your information by authorized local health authorities for public health monitoring and data quality assurance.

Furthermore, by registering and using the Application, you hereby warrant that any and all information/data/services generated or accessed through the System must be in accordance with law or authority provided by law.

TERMS OF USE

REVIEWS AND FEEDBACK DISPLAY RIGHTS OF DOH

All Critical Content is based on data collected from passive surveillance tools: TanodCOVID (SMS-based tool), KIRA KontraCOVID (chat and web application), and LGU information input using the KontraCOVID LGU portal. We do not take responsibility for Critical Content. Critical content includes but is not limited to the following:

• Frequency counts on citizen-reported personal information, provisional case classifications for LGU verification distributed to mild/moderate, severe, probable, confirmed, low risk;
• Aggregate count on total reports, new daily reports, and verification progress;
• Distribution by Age, Sex, and Age & Sex;
• Line graph on the frequency of daily reports;
• Bar graph on provisional cases distribution disaggregated per barangay.

DOH reserves the right to collect feedback and Critical Content for all users of the Application. DOH reserves the right but shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service.

DOH reserves the right to moderate, publish, re-publish and use all user-generated contributions and comments (including but not limited to reviews) posted on the Application as it deems appropriate (whether in whole or in part) for its product (s), whether owned or affiliated, provided that data privacy principles are primarily considered. DOH shall not be liable to pay any considerations to any User for re-publishing any content across any of its platforms.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable. DOH informs End-Users that they should provide feedback only in accordance with applicable law. DOH shall not be liable for any effect on User’s operations/ decision due to the Critical Content of a negative nature. In these respects, you may use the Service at your own risk.

DOH will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the Application shall be applicable mutatis mutandis in relation to Critical Content posted on the Application.

INDEPENDENT SERVICES

Your use of the Application and its services is limited to the rights and obligations relating to such Service, and not to any other service that may be provided by DOH.

DOH REACH RIGHTS

DOH and its partners reserve the right to display sponsored listings on the Application. These listings would be marked as “Premier Listings”. Without prejudice to the status of other content, DOH will not be liable for the accuracy of the information or the claims made in the Sponsored Listings. DOH does not encourage the Users to visit the Sponsored Listings page or to avail of any services from them. DOH will not be liable for the services of the providers of the Sponsored Listings.

You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and DOH accepts no liability for the same.

RIGHTS AND OBLIGATIONS RELATING TO CONTENT

Users are allowed to view and interact with content displayed in the Application as well as register and update personal information in the Application. Only users from LGU Health Offices and Epidemiological Surveillance Units (ESUs) or otherwise assigned authorized personnel by the LGU are allowed to process, verify, and update the personal information of self-reporting subscribers using the passive surveillance tools defined.

Consistent to existing laws and relevant rules and regulations, you are not permitted to host, display, upload, process, modify, publish, transmit, update or share any information that:

1. goes beyond and/or not aligned to the purpose and objectives of the Application;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defense, security or sovereignty of Philippines, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

Users are also prohibited from:

1. violating or attempting to violate the integrity or security of the Application or any of its Content;
2. transmitting any information (including job posts, messages, and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by DOH;
3. intentionally submitting on the Application any incomplete, false or inaccurate information;
4. making any unsolicited communications to other Users;
5. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;
6. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;
7. copying or duplicating in any manner any of the Content or other information available from the Application;
8. framing or hotlinking or deep linking any Content.

DOH, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Application is being used by the User to commit any unlawful act and/or is being used in violation of provisions of the Philippine Law, shall be entitled to remove or disable access to the material or information. DOH is entitled to act, within thirty-six (36) hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. DOH shall also be entitled to preserve such information and associated records for at least ninety (90) days for production to governmental authorities for investigation purposes.

In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, DOH has the right to immediately terminate the access or usage rights of the User to the Application and Services and to remove non-compliant information from the Application.

DOH may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.

EFFECTS OF BREACH OF THIS AGREEMENT

Suspension or Termination of Account:

DOH reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,

Such User breaches any terms and conditions of the Agreement;

A third party reports a violation of any of its right as a result of your use of the Services; DOH is unable to verify or authenticate any information provided to DOH by a User;

DOH has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

DOH believes in its sole discretion that User’s actions may cause legal liability for such User, other Users, or for DOH or are contrary to the interests of the Application.

Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files, and other material kept on the Application by such User.

Administrative, Civil and/or Criminal Liabilities:

Suspension/termination of User’s access/account shall not preclude the filing of appropriate cases against erring official, personnel, entity, or user for administrative, civil, and/or criminal liabilities for any unauthorized/illegal use of the Application.

LIMITATION OF LIABILITY

In no event, including but not limited to negligence, shall DOH, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Application or the content, materials, and functions related thereto, the Services, User’s provision of information via the Application, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:

provision of or failure to provide all or any service by Practitioners to End- Users contacted or managed through the Application; any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application; any unauthorized access to or alteration of your transmissions or data; or any other matter relating to the Application or the Service.

INDEMNITY

User agrees to indemnify and hold harmless DOH, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. DOH will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between DOH and User will be governed by the laws of the Philippines.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in the Philippines, before a sole arbitrator appointed by DOH. The arbitration shall be conducted in accordance with the applicable laws of the Philippines. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above Clause, the courts in the Philippines shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

If a User has any questions concerning DOH, the Application, this Agreement, the Services, or anything related to any of the foregoing, DOH can be reached at the following email address nationalehealthprogram@gmail.com

In accordance with the DPA, and the rules made thereunder, if you have any grievance with respect to the Application or the service, including any discrepancies and grievances with respect to the processing of information, you can contact our office at:

DOH Knowledge Management and Information Technology Service
Name: DR. ENRIQUE A. TAYAG, PHSAE, FPSMID, CESO III
Contact: 651-7800 local 1926-1928
Address: Building 9, San Lazaro Compound, Tayuman, Sta. Cruz, Manila Philippines 1003
Email: dataprotectionofficer@doh.gov.ph, erictayag4health@yahoo.com

SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by DOH. Any consent by DOH to, or a waiver by DOH of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SCHEDULE

Feedback Collection

Scope

This policy document covers the philosophy, intent, and methodology used by DOH to collect Feedback from Users and Collaborators who are part of the DOH Kontra COVID system.

Philosophy and Intent

At DOH, we believe in transparency and authenticity, and these are the 2 primary pillars on which the Feedback collection system is built. We intend to help Users make a well-informed decision when it comes to their planning and conduct of interventions against Covid19 and authentic Feedback helps them achieve that.

How we collect Feedback

As of now, DOH endeavors to reach out to the following group of authentic Users:

• Department of Health (DoH) personnel
• Inter Agency Task Force (IATF)
• Local Government Units (LGUs)

Feedback Moderation and Fraud Detection Policy

1. Scope

   This Policy document intends to explain the Feedback Moderation and Fraud Detection system deployed in DOH.

2. Feedback Moderation
   1. Intent

      The PH KontraCOVID system sees LGU Users giving Feedback about their experience whenever possible. Given the volume of Feedback entering the Feedback Collection System, we consider it very important to make sure only the helpful and authentic feedback is prioritized.

   2. Helpful and authentic Feedback

      A helpful and authentic Feedback is one that complies with DOH Feedback Standards and other information points probed by DOH Feedback Collection System, and more importantly, is submitted by an authentic user.

   3. Some of the Feedback we do not entertain on DOH are:
      • Feedback that is 3-worded or less – we have observed that it is less likely to be substantial in providing insightful feedback
      • Feedback that tends to have ulterior motives – advertising, spam, abuse, etc.
   4. Moderation team

      A moderation team would be responsible for screening the Feedback posted by Users abiding by DOH Feedback Standards. Each Feedback is evaluated as a whole while moderating – e.g. A Feedback that happens to start with relevant information and ends up with statements that do not comply with DOH Feedback Standards would not be published.

      A moderator can take the following generic stances on any incoming Feedback:

      • Review and save
      • Withhold for investigation
      • Decline to publish
3. Moderation Rate

   The majority of Feedback is reviewed within 48 hours of submission. If a Feedback is flagged for a closer look by moderators, it may take longer, especially during our busiest days. We try to base every decision we make on what our members will find helpful and relevant. At times, Feedback under investigation may take several weeks to process.

4. Positive and Negative Feedback

   As long as Feedback meets our guidelines, we’re happy to document or publish it whether it’s positive or negative. We do not influence or change the content.

5. Fraud Detection

   Misusing or manipulating Feedback systems for personal benefit is the last thing DOH would want to entertain on the DOH Feedback System. DOH has come up with its own standards and processes to detect Fraud and deal with them in the appropriate manner.

   Fraud as defined by DOH. The following actions may be considered fraudulent:

   1. Attempts by an LGU to boost his/her/its own reputation by:
      1. Writing feedback for his/her own LGU
      2. Asking friends or relatives to write positive feedback
      3. Submitting feedback on behalf of a constituent
      4. Pressuring DOH or a constituent to remove a negative feedback
      5. Offering incentives or any special treatment in exchange for feedback
      6. Hiring an optimization company, third party marketing organization, or anyone to submit false feedback
      7. Attempts by an LGU to damage his/her competitors by submitting negative feedback.
   2. Bottom Line: Any attempt to mislead, influence, or impersonate anyone is considered fraudulent and will be subject to penalty.
      Repercussions of being fraudulent:
      • If we determine that there is fraudulent information or feedback submitted for an LGU, there could be several consequences:
        • A fraudulent monitoring platform might not be able to provide accurate information.
      • Legal side of fraudulent information In addition to being a violation of our terms of service and an unethical practice, this is also a violation of the law in many jurisdictions.

YOU HAVE READ THESE TERMS OF CONDITIONS AND USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.