Objective of this Website
This Website serves as a tool and source of information on myT and alternative treatment options for patients, healthcare professionals and those who are otherwise interested.
Privacy and Cookies
We take your privacy very seriously. In our Privacy and Cookie Statement Policy we explain how we deal with your personal information and which cookies we use.
myT is using all reasonable efforts to include accurate and up-to-date information on this Website. myT is regularly updating and processing information whilst improving its algorithms to provide the best and balanced search results. A hyperlink to the original source(s) will be provided with each search result. However, myT gives no warranties, undertakings or representations of any kind as to its accuracy, currency, quality, completeness or fitness for purpose of the Website. myT disclaims all warranties, express or implied to the fullest extent permitted by law.
Third Party Websites and Links
This Website may contain links or references to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third party links over which myT has no control. myT makes no warranties, undertakings or representations of any kind as to the accuracy, currency, quality, completeness or fitness for purpose of any information contained in such websites and shall have no liability for any loss, damage or cost of any kind arising from such information. Inclusion of any third party link does not imply an endorsement or recommendation by myT.
All intellectual property rights, without limitation copyrights and database rights, to the content and methodology of the Website are owned by myT. Content generated from third party sources or otherwise is licensed to myT. In addition, the name and logo of myT are registered trademarks, and may not be used without myT's written permission.
Except as expressly permitted above, you may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website or any part of it in any electronic medium or in hard copy, or create any derivative work based on it, without myT's express written consent.
The user is not permitted to disclose information obtained from the Website on a non-occasional basis, to duplicate or sell it in any form whatsoever, including whether or not after editing integration into networks or disclosure in another way. The content of this Website may only be copied for non-commercial individual reference with all copyright or other proprietary notices retained by myT.
Applicable law and jurisdiction
On these terms as well as on any legal actions or matters relating to the use of the Website or internet services of myT, Dutch law is applicable. The court of Amsterdam shall have exclusive jurisdiction over any disputes arising in connection with this Website and the services provided by myT.
Change and Termination of use
Last update: July 27th, 2017
Terms and Conditions
General Terms and Conditions of Impatients N.V.
trading as myTomorrows (hereinafter “myT”)
- All supplies, services and offers of myT are governed exclusively by these General Terms and Conditions. They form part of all contracts that myT enters into with its contracting parties (each a “Principal”) concerning the supplies of products or services offered. They also govern all future supplies of products, services or offers to the Principal, even if these are not the subject of separate contracts.
- The terms and conditions of the Principal will not apply nor will customary terms, even if myT does not specifically deny their validity in individual cases. Even if myT makes reference to a letter which contains or refers to the terms and conditions of the Principal or a third party or any customary terms, this will not constitute consent to the validity of those terms and conditions.
Offer and Acceptance
- All offers made by myT are without obligation and non-binding, unless they have been expressly described in writing as binding. In addition, unless otherwise specified, all offers are made on the basis of normal conditions and delivery times.
- The legal relationship between myT and the Principal will be based solely on a contract concluded in writing, including these General Terms and Conditions (together the “Contract”). Oral undertakings given by myT before a Contract is concluded in writing are not legally binding and oral agreements between the contracting parties are superseded by the Contract, unless the Contract expressly provides that such undertakings continue to be binding. Any additions and amendments to the agreements made, including these General Terms and Conditions, will only be effective if in writing.
- Unless otherwise agreed in writing, the price of a product to be supplied by myT shall be the most recent price of such product as published by myT in Euros. The agreed prices are deemed to be valid on the date of delivery and, subject to written agreement to the contrary, to be inclusive of shipping/postal and other logistical costs, including any costs incurred if the products have to be delivered in special containers because of their special characteristics, but exclusive of statutory Value Added Tax (or equivalent local and national taxes) and other public taxes. In the case of shipments outside the European Union, unless otherwise stated, prices are exclusive of customs duties and fees and any other public taxes.
- Invoice amounts are payable, net, on receipt of invoice. Invoice amounts must be paid within 14 days after receipt of invoice. With effect from the 15th day, any outstanding amounts will be subject to interest at a rate of 8% p.a., which amount shall cumulate on a monthly basis and shall apply until the payment in full of such outstanding amounts and any sum of interest due thereon, together with administration costs of EUR 30.00. This provision shall not affect myT's right to claim a higher rate of interest or additional compensation in the event of late payment.
- myT reserves the right to suspend the provision of services or product to any Principal where any amounts are overdue until all amounts have been paid.
- Invoices shall be paid in the currency in which they are quoted by myT and all costs in respect of payment of invoices are to be paid by the Principal.
- Offsetting and the exercise of a right to withhold payment are only permitted where the counterclaims are not disputed by myT or have ultimate legal force. A payment will not be deemed to have been received until myT has access to the invoiced amount.
- All costs of enforcement of payment by or on behalf of myT whether relating to legal or other costs, shall be for the account of the Principal.
- Unless otherwise agreed in writing, myT shall be responsible for delivery of the products to the Principal and shall be entitled to use such delivery method as myT, in its sole opinion, considers appropriate. In the event otherwise agreed between myT and the Principal, such delivery shall be for the risk and account of the Principal from hand-over to the forwarder, carrier or other third party involved in the transport.
- Except as otherwise provided herein, risk in and ownership of the products transfers to the Principal from delivery on behalf of myT in accordance with the instructions of the Principal.
- If dispatch is delayed for reasons not attributable to myT or the Principal fails to take delivery of the products in a timely manner, despite the fact that they have been presented to the Principal, the risk is transferred to the Principal on receipt of the dispatch note.
- Periods and dates quoted by myT for the delivery of products and services will be deemed not to be binding. Where shipment has been agreed, delivery periods and dates relate to the date on which the consignment is handed over to the forwarder, carrier or other third party involved in the transport.
- myT accepts no liability if delivery is impossible or delayed, including failed or untimely delivery by its own suppliers, for reasons for which it is not responsible. Where delivery cannot be effected for reasons not attributable to myT, it will be entitled to withdraw from the Contract. In the event of impediments of a temporary nature, delivery or service periods will be extended to cover the duration of the impediment, plus a reasonable lead time. Where the Principal cannot be expected to accept this delay, it will be entitled to withdraw from the Contract by notifying myT accordingly without delay. The Principal will only be entitled to claim compensation for loss due to the delay in the event of criminal intent or gross negligence. Any such claims will be subject to the provisions of paragraph 6 of the Section on Delivery and paragraph 1 of the Section of Claims and Product Return.
- The Principal is responsible for compliance with all laws and regulations following delivery of the products, including regulations relating to pharmaceuticals. myT therefore accepts no obligation or liability of any kind in respect of legal and regulatory compliance once risk in the products has transferred to the Principal. If the Principal fails to perform its duties arising from this provision, it will be obliged to compensate myT for any resulting injury, loss or damage. Unless otherwise agreed in writing with the Principal, myT accepts no liability for the scrapping, loss, seizure, destruction or damage of the products as a result of import controls, lack of approvals, inspections, customs duties or other circumstances connected with the export of the products to a country outside the European Union.
Claims and Product Return
- Claims arising from defects shall be notified in writing to myT immediately following discovery thereof. In the event that such defects can be discovered on the basis of an examination of the exterior packaging of such product such notification shall take place within 5 working days of delivery of the product to the Principal or any third party specified by the Principal. Such claim shall be accompanied, where possible, by a delivery note.
- At myT’s request, the item which was the subject of the claim must be returned to it carriage paid. Where claims are justified, myT will refund the cost of the most appropriate means of transport. Where a claim is accepted, myT will only be obliged to supply a perfect replacement, to the exclusion of all other claims. The Principal will be entitled to withdraw from the Contract in the event that the supply of a replacement is impossible, unacceptable, refused or unreasonably delayed.
- It is not possible to return non-defective products and, except in respect of claims under paragraph 6 of the Section on Delivery, no refunds will be given in respect of products returned. Products which are nevertheless returned will only be kept if their return has been agreed in advance with the Principal. myT reserves the right to destroy unwanted products which have returned without prior notification.
- EXCEPT WHERE STATED OTHERWISE IN THESE TERMS AND CONDITIONS OR REQUIRED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, RIGHTS, OBLIGATIONS, LIABILITIES AND OTHER TERMS, WHETHER EXPRESS OR IMPLIED BY LAW IN CONNECTION WITH THE PRODUCTS AND SERVICES SUPPLIED OR PROCURED BY myT (INCLUDING WITHOUT LIMITATION ANY RELATING TO PERFORMANCE, CARE AND SKILL OR COMPLIANCE WITH REPRESENTATIONS) ARE EXCLUDED FROM THESE TERMS AND CONDITIONS.
- All materials, documents, data (other than personal data the rights to which are owned by the Principal), information and/or inventions supplied to the Principal by or on behalf of myT shall be and remain the sole and exclusive property of myT or its licensors, as applicable. The Principal shall use such property only for the purposes contemplated by these Terms and Conditions and the Contract between myT and the Principal and shall not use such property for, or disseminate such property to, any third parties (except as expressly permitted by myT in writing). The Principal shall deliver or destroy all such property to myT immediately on demand or upon the cessation of the relationship between myT and the Principal.
- Both myT and the Principal shall keep confidential for a period of five years, or such longer period as may be required by applicable law, from the date of the last order or TR Form (as defined below) and confidential information (whether oral or written) provided by or disclosed by or on behalf of the other. This Article shall not apply to information which (a) at the time of disclosure is (or subsequently lawfully becomes) published or generally available to the public (other than as a breach of obligations to the disclosing party), (b) at the time of disclosure was already in the possession of the receiving party (other than under an obligation of confidentiality to the disclosing party), (c) subsequently legally comes into the receiving party’s possession from another source, (d) was independently developed by the receiving party, (e) is required to be disclosed in order to comply with a legal requirement or by order of a court or regulatory authority with jurisdiction over the receiving party. myT may disclose any information that it reasonably believes it is required to disclose under applicable law or regulation.
Data Protection and Privacy
- In performing their respective obligations under any agreement to which these General Terms and Conditions apply, each party shall comply with their respective obligations under applicable legislation, without limitation the EU General Data Protection Regulation (the “Data Protection Laws”).
- myT may use the information provided by the Principal to contact the Principal and appropriate persons within its organization about the products and services offered by myT and the Principal agrees that it has obtained any necessary consents to allow myT to do so.
- myT may use data provided by the Principal for the purposes of scientific research, IP generation and subsequent publication provided that any personal data has been rendered anonymous and incapable of being used to identify any individual in accordance with applicable law. Principal, where required by Data Protection Laws, agrees that it has notified and obtained any necessary consent to allow myT to use such anonymized data for the purposes stated herein.
Applicable Law and Jurisdiction
- The place of performance for all payment and delivery obligations is myT’s head office. The place of jurisdiction for any disputes arising from the business relationship between myT and the Principal is myT’s head office. However, myT is entitled to bring legal actions at any other statutory place of jurisdiction where the Principal has its legal seat.
- Relations between myT and the Principal are governed solely by the laws of the Netherlands, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Last update: July 27th, 2017
Impatients N.V. and its affiliated companies Impatients Holland B.V. and Impatients LLC (all acting under the name myTomorrows and hereafter referred to as “we”, “us” and “myT”) are committed to protecting and respecting the privacy of any person of whom we collect personal information (“you”). We may collect your personal – and sometimes sensitive – information through our website, in the course of running an Early Access Program and through other means of contact. Given the sometimes sensitive nature of your personal information, we deem the protection and security of your privacy of utmost importance for our business and for gaining and retaining your trust. myT collects and processes your personal information in compliance with the EU General Data Protection Regulation (“GDPR”).
Processing of personal information
Whilst collecting and processing your personal information, we strictly adhere to the principles of (i) data minimization; (ii) access on professional need to know basis only; (iii) privacy by design. myT is acting as controller as referred to in article 4 (7) GDPR (“Controller”) when collecting your personal information, save for the situation in which a Healthcare Professional (“HCP”) acts as Controller and requests myT to process information of his/her patients.
Where myT processes personal information of patients provided to myT by the patient’s HCP, myT shall act as processor as referred to in article 4(8) GDPR (“Processor”). The HCP shall be Controller for such part of the personal information and be responsible vis-à-vis the patient.
Below it is set forth what kind of personal information is collected or processed by myT as a Controller, the purpose thereof, which myT employees will have access and when this happens.
- We will collect the IP address of website visitors for the purpose of optimizing the web-experience of the visitor and to analyse the behaviour of visitors. We will collect this information with your consent and the information will only be visible to the myT IT and marketing department.
- We will collect the first name, last name, gender, e-mail, tel. number, city and specialism (in case of HCP) of a patient or HCP when such patient or HCP visits the website and requests further information about our services or with respect to a specific search result. We will collect this information with your consent and for the purpose of answering your question. The myT medical team will have access to this information.
- We will collect information with respect to the illness, year of birth and gender of patients for the purpose of optimizing and further specifying your search results and –upon your explicit request- contacting you with respect to the search results. This is personal and sensitive information and we will request your explicit consent for the collection of this information. The myT medical team will have access to your information and the myT IT team will have access to your information in anonymized form on a need to know basis.
- We will collect the information necessary for running an EAP program. We collect name, contact details, specialism, accreditation of an HCP; name, contact details, delivery address of a pharmacist; and name, initials, date of birth of the patient. We collect this information based (i) with a legitimate interest, (ii) to perform a contract and (iii) to comply with a legal obligation. The myT medical team, regulatory team, logistics department and accounting department will have access to (part of) this information on a strict need to know basis.
- We will collect your first name, last name, address, date of birth, gender, e-mail address, telephone number, your curriculum vitae, information about your work experience and educational background when you apply for a job at myT. We will do so based on a legitimate interest. When we request to keep your information on file for an extended period of time we will request your explicit consent. The myT HR team will have access to your information and will share your information with the hiring manager(s) where relevant.
We have implemented industry standard technical and organizational measures to protect your personal data against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access and against all other unlawful forms of processing.
Wherever we collect or process your personal information, we apply state of the art encryption technology for the storage. We apply strict principles of data minimization and access policy with respect to your personal information, so to ensure that only such part of your personal information is accessible to those with a professional need to know.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of the website or our portal, you are responsible for keeping this password confidential.
myT does not share your personal information with third parties, unless explicitly indicated. myT works with third party IT-service providers of good reputation who process the personal information. These IT-service providers will not have access to your personal information, but merely store your personal information. Data processing agreements with these service providers have been concluded. It has been contractually agreed that the data will only be stored on servers within the EU.
myT uses only first party cookies that are within our own control. We do not use third party cookies or tracking cookies. The first party cookies we use are session cookies and anonymous analytics cookies. We use session cookies to provide you the best web experience. Anonymous analytics cookies are stored in your browser the first time you visit our website and they are used to tell us if you have visited the website before. myT uses this kind of information to keep count of how many unique visitors we have. We cannot use this cookie to identify individuals.
myT's website may contain links to and from third party website. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies and websites.
myT will store personal information only as long as necessary to realize the purpose for which your personal information was collected, unless otherwise required by law.
Access, correction, portability of your personal information
If you wish to know, correct, supplement, delete or transfer your personal information held by us, or if you wish to withdraw your consent for the collecting of your personal information, please contact us by e-mail or by regular mail using the contact details mentioned below. We will use all reasonable efforts to inform you properly and honour your request. To prevent misuse, we might ask you to identify yourself. In the event that myT acts as Processor on behalf of an HCP, we will align with your HCP on your request.
You have the right to file a complaint with the supervisory authority: Autoriteit Persoonsgegevens, Bezuidenhoutseweg 30, 2594 AV Den Haag, The Netherlands.
Data Protection Officer and Contact information
Should you have any questions, requests or complaints with respect to the processing of your personal information, please address our Data Protection Officer at the contact details below.
Data Protection Officer / Legal Counsel
Anthony Fokkerweg 61
1059 CP, Amsterdam
Last update: July 27th, 2017
mytomorrows.com is published by:
Anthony Fokkerweg 61
1059 CP, Amsterdam
Phone: +31 88 525 38 88
Fax: +31 88 525 38 99
VAT: NL 8516 3386 9B01
Chamber of Commerce: 55272169