General Terms and Conditions of Marks Personal Touch
Article I. Definitions In these general terms and conditions, the terms listed below are used with the
meanings mentioned next to them, unless indicated otherwise. Contractor: Mark Willems, operating
under the name ‘Marks Personal Touch’ Client: Customers of Marks Personal Touch who train at
Marks Personal Touch (physiotherapy, nutrition, and training) Assignment: Physiotherapy, Nutritional
Guidance and/or Sports that can be reserved online.
Article II. General
1. The general terms and conditions apply to all offers, quotes, activities, assignments, and
agreements between Marks Personal Touch and the client(s), respectively their legal
successors.
2. These conditions also apply to assignments with the contractor, involving third parties.
3. If one or more of the provisions in these general terms and conditions expire, the other
provisions of these general terms and conditions remain applicable. In that case, the parties
will consult to agree on replacement provisions, as far as possible based on the purpose and
meaning of the original provision.
4. Marks Personal Touch offers the opportunity to improve physical health by offering
Physiotherapy, sports, and nutritional guidance.
Article III. Provision of Information and Cooperation The client provides Marks Personal Touch with
all personal information, such as physical condition, demographic data, medication, help request, and
other relevant medical data necessary for physiotherapeutic treatment.
Article IV. Execution of the Assignment
1. Marks Personal Touch performs the activities within the framework of the assignment to the
best of its insight, expertise, and ability, while also respecting the applicable guidelines.
2. The contractor is not liable for damage caused by relying on incorrect and/or incomplete
information provided by the client unless the incorrectness or incompleteness of the data
should have been known to him.
3. If it is agreed that the assignment will be executed in phases, the contractor can suspend the
execution of those parts that belong to a next phase until the client has approved the results
of the preceding phase in writing.
Article V. Changing and Canceling Appointments
1. Customers make an appointment for training at Marks Personal Touch via the online
reservation system. Marks Personal Touch reserves the right to cancel an appointment in case
of a compelling reason.
2. Appointments can be changed or canceled up to 24 hours before the start of the training. No
refund is granted if the appointment is canceled less than 24 hours before.
Article VI. Purchase of Products, Prices, and Validity
1. Prices include value-added tax.
2. Customers purchase total packages of a fixed number of training sessions/consultations, via
the website of Marks Personal Touch or in the case of a subscription form via monthly
installments by bank.
3. Purchased training/consultations remain valid for a maximum of 1 year after the end of the
set payment term.
4. If there is a compelling reason why a Customer cannot appear at Marks Personal Touch for a
certain period, the training/consultations can be put "on hold" until the Customer is able to
resume the training. There is also the possibility of transferring the credit of training to
another Customer of Marks Personal Touch. In the transfer of training/consultations, Marks
Personal Touch will not play a mediating role.
5. No refunds are provided on purchased training/consultation packages. Putting 'on hold' or
prematurely stopping the training does not entitle to the dissolution of payment or
temporary interruption of the installment amounts and/or total purchase amount.
6. Marks Personal Touch offers a 7-day consideration period for purchased training/consultation
cards and/or other products; thereafter, no refund is possible.
Article VIII. Liability Marks Personal Touch is not liable for any damage, of any nature, caused by the
provided information by a Customer being incorrect and/or incomplete (information about relevant
physical conditions, medication use, work activities, or leisure activities). Marks Personal Touch is not
liable for loss, theft, or damage to personal belongings that the client has brought to the location.
Article IX. Personal Data & Privacy Marks Personal Touch records personal data of Customers in an
automated registration system, observing the guidelines in the Data Protection Act.
Article X. Wkkgz (Quality, Complaints, and Disputes Care Act) Since January 1, 2016, every
healthcare provider must comply with new rules. The obligations according to the Wkkgz within
Marks Personal Touch are as follows:
1. System for safely reporting incidents When potential employees want to report inaccuracies
and incidents in care provision, they can do so via: klachten@markspt.nl. Communication is
already used to learn from each other's experiences.
2. Checking the functioning of the healthcare provider before employment New employees
must show a Declaration of Conduct (VOG).
3. Mandatory reporting to the Health and Youth Care Inspectorate (IGJ). Severe dysfunction of a
healthcare provider is reported to the IGJ, as are incidents of violence against patients.
4. Additional duty to inform As a patient, you have the right to good information if something
has gone wrong in the provided care. Mistakes are always discussed with the patient. The
patient will always be informed about the quality of care provision when requested.
5. Complaints officer and Disputes Committee: More information: tel: 033 – 467 29 00 | email:
geschillencommissie@kngf.nl Disputes Committee Physiotherapy - the Physiotherapist
Obligation (article 13 of the Wkkgz) that meets professional standards (article 2)
Information and forms for patients to submit a complaint or dispute are available on
defysiotherapeut.com. Your patient can contact a complaints officer for advice and support in filing a
complaint. This can be done by contacting the KNGF at 033-467 29 29 (Monday to Friday 8.30 - 17.00
hrs).
Article XI. House Rules
1. Customers must handle the training equipment carefully.
2. Customers refrain from unwanted and/or indecent behavior, neither towards other
Customers nor towards employees of Marks Personal Touch.
3. Customers who are late cannot participate in the training if it has already started.
4. Customers must always follow the instructions given by employees of Marks Personal Touch.
Marks Personal Touch July 1, 2021 (general terms and conditions are available on all Marks
Personal Touch services).
Cookie Statement This statement is about placing and reading cookies. We may adjust the cookie
statement if new developments require it. We, therefore, recommend you to regularly read our
cookie statement. When you visit our website, we place cookies on your device. Cookies are small
text files that are necessary for certain functions of the website. This includes the proper functioning
of the shopping cart or remembering your login details but also showing advertisements. Accepting
Cookies For placing and reading certain cookies, we do not need to ask for your permission. These are
cookies necessary for the functionality of our website and analytical cookies that have little impact on
your privacy. For other cookies, we ask for your consent. You can give your consent by accepting our
cookie banner or by simply continuing on our website. You can also delete our cookies. Below is
explained how you can do this per browser: In Chrome In FireFox In Internet Explorer In Edge In Safari
or https://support.apple.com/nl-nl/guide/safari/sfri11471/mac Types of Cookies Marks Personal
touch places three different types of cookies, namely:
• Functional cookies
• Analytical cookies
• Marketing cookies Functional Cookies These cookies ensure that the website works properly.
This includes logging in, remembering your information so you don't have to fill everything in
again, or the items you put in your shopping cart. Analytical Cookies We use analytical
cookies to investigate website usage. These data give us insight into how often we are visited
and where we can improve our webshop. Marketing Cookies With these cookies, we can
show you advertisements that match your interests. So you only see what you are really
interested in. We can also see which advertisements you have already seen, so you don't get
the same banners, for example.
Privacy Policy of our Practice Your personal data and your privacy in our practice General The AVG
(General Data Protection Regulation) is the new law for the protection of privacy and personal data.
Under this law, an organization that works with personal data has certain duties and the person
whose data is has certain rights. In addition to this general law, specific rules for privacy in healthcare
apply. These rules are stated in the Medical Treatment Contracts Act (WGBO). This privacy policy is
intended to inform you about your rights and our obligations under the AVG and the WGBO. My
Practice Various personal data of you can be processed in my practice. This is necessary to treat you
(medically) well and needed for the financial handling of the treatment. The Duties of the Practice
Marks Personal Touch is responsible according to the AVG for the processing of personal data that
takes place in the practice. The practice meets its obligations as follows:
• Your data is collected for specific purposes: o for physiotherapeutic care provision; o for
efficient management and policy; o for support of scientific research, education, and
information.
• In principle, no processing takes place for other purposes.
• You are informed that your personal data is being processed. This can be done by your
caregiver, but also via a brochure or via our website.
• All employees within Marks Personal Touch are obliged to treat your personal data
confidentially.
• Your personal data is well protected against unauthorized access.
• Your personal data is not kept longer than necessary for good care provision.
For medical data, this retention period is in principle 20 years (from the last treatment), unless longer
retention is necessary, for example, for your own health or that of your children. This is at the
discretion of the practitioner. You have the following rights:
• The right to know if and what personal data of yours is being processed.
• The right to access and obtain a copy of that data, as long as it does not infringe upon the
privacy of another.
• The right to correction, addition, or deletion of data if necessary.
• The right to request the (partial) destruction of your medical data. This can only be
accommodated if the retention of the data is not of significant importance for someone else
and the data do not need to be retained under a legal regulation.
• The right to add your own statement (of a medical nature) to your file.
• The right, in certain cases, to object to the processing of your data. If you wish to exercise
your rights, you can do so verbally or through a request form. Your interests can also be
represented by a representative (such as a written proxy, or your guardian or mentor).
Disclosure of Your Personal Data to Third Parties The employees of Marks Personal Touch are
obligated to handle your personal data confidentially. This means, for example, that the caregiver
requires your explicit consent for the release of your personal data. However, there are some
exceptions to this rule. Based on a legal directive, the caregiver's duty of confidentiality can be
breached, but also when there is a fear of serious danger to your health or that of a third party.
Moreover, recorded data can, if necessary, be exchanged orally, in writing, or digitally with other
healthcare providers (such as the general practitioner).
Transfer of Your File If you choose a new physiotherapist, it is important that your new
physiotherapist is aware of your (medical) history. Your (medical) history is contained in your patient
file. It is customary for your old physiotherapist to transfer the file to your new physiotherapist. The
old physiotherapist does this as soon as possible, at least within a month, after you have asked your
old physiotherapist to transfer the file to your new physiotherapist. Your file is then transferred
personally by your physiotherapist or by registered mail. You cannot take the original file with you.
However, you always have the right to view your file and to obtain a copy of your file. The file can also
be transferred via email to the new physiotherapist, if possible. Both physiotherapists must ensure
that their computers and internet connections are sufficiently secure.