1. General provisions
1.1. These terms and conditions govern the provision of the psychological counselling service by Heaolu Keskus OÜ (hereinafter the „Service Provider“) and the rights and obligations of the client.
1.2. The Service Provider provides psychological counselling, assessment, consultation, intervention and other mental health services (hereinafter the „Services“).
1.3. By registering for a service, the client confirms that they have read these terms and conditions and agree to them.
2. Nature of the service
2.1. Psychological counselling is a collaborative professional service aimed at supporting the client's mental well-being, self-understanding, the development of coping skills and finding solutions to achieve the goals set by the client.
2.2. The content, objectives, methods used and duration of the counselling process depend on the client's needs, the reason for seeking help and the professional judgement of the Service Provider.
2.3. Psychological counselling is based on the client's voluntary participation, active cooperation and mutual trust. The outcome of the counselling process depends, among other things, on the client's individual situation, goals, readiness for change, active participation and other circumstances beyond the Service Provider's control.
2.4. The Service Provider provides the service within the limits of their professional competence and acts in accordance with applicable law, the psychologist's occupational standard, the principles of professional ethics and good professional practice.
2.5. The service does not replace emergency medical care, urgent medical assistance, psychiatric treatment or other healthcare services. If the client is in immediate danger of self-harm, suicide, violence or another serious crisis, they must call the emergency number 112, go to the nearest emergency medicine department or contact a provider of psychiatric care.
2.6. The psychological counselling services provided by Heaolu Keskus OÜ under these terms and conditions are not healthcare services within the meaning of the Health Services Organisation Act.
2.7. The Service Provider does not issue diagnoses, medical histories, certificates of incapacity for work or other documents whose issuance is reserved by law to a healthcare service provider or healthcare professional.
3. Confidentiality
3.1. The Service Provider treats all information about the client that becomes known in the course of providing the service as confidential and follows the principles of personal data protection, professional ethics and professional confidentiality.
3.2. The confidentiality obligation covers the client's personal data, health data, information disclosed during the counselling process, as well as the fact that the person is a client of the Service Provider, except in cases where the client has disclosed this information themselves or has given consent to its disclosure.
3.3. The confidentiality obligation also applies after the end of the service relationship.
3.4. Confidentiality may be restricted or departed from only in the cases provided by law or where:
a) the client poses a direct or serious threat to the life or health of themselves or others;
b) the Service Provider becomes aware of the abuse or neglect of a child, an elderly person or another person in need of assistance, or a justified risk thereof;
c) the disclosure of information is necessary to fulfil a statutory reporting, cooperation or other legal obligation;
d) the information is requested by a competent state authority in accordance with the procedure and to the extent provided by law;
e) in order to ensure the quality of professional work, the client's well-being and professional competence, the Service Provider may use supervision, peer consultation or other measures for ensuring professional quality. In such cases, the principle of data minimisation is followed and only such information is disclosed as is necessary to achieve the purpose of the professional consultation. Where possible, anonymised or generalised information is used in a manner that does not allow the client to be directly identified. Participants in supervision or peer consultation are also subject to the confidentiality obligation and are required to comply with personal data protection requirements and the principles of professional ethics.
3.5. The Service Provider discloses to third parties only the minimum necessary information required to fulfil the relevant legal obligation or to prevent a significant threat.
3.6. In the case of couples, family or group counselling, the confidentiality obligation applies to all participants in the counselling process. The Service Provider cannot guarantee that participants in the counselling process will keep the information disclosed to them confidential.
3.7. In the case of couples and family counselling, the Service Provider may, in their professional judgement, share information important for achieving the objectives of the counselling process with other participants in the process. The Service Provider does not act as the representative or confidant of one party in relation to the other party.
3.8. If the client wishes information concerning them to be forwarded to a third party, this generally takes place on the basis of the client's written consent or in the cases provided by law.
3.9. The Service Provider takes reasonable measures to protect clients' privacy but cannot rule out that clients may encounter one another on the Service Provider's premises or in their immediate vicinity. Such an encounter does not constitute a breach of the confidentiality obligation. The Service Provider does not disclose information about clients to third parties and expects that clients likewise respect the privacy and confidentiality of other service users.
4. Processing of personal data
4.1. In order to provide the service, the Service Provider processes the client's personal data, including special categories of personal data (health data), in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR), the Personal Data Protection Act and the Service Provider's privacy policy.
4.2. The following data may be processed in the course of providing the service:
a) first and last name; b) personal identification code; c) contact details; d) health, background and other information disclosed by the client that is necessary for providing the service; e) booking and communication data; f) billing and payment data.
4.3. Personal data is processed primarily:
a) to communicate with the client; b) to provide the service and carry out the counselling process; c) to book and manage appointments; d) to prepare invoices and fulfil accounting obligations; e) to handle debts; f) to fulfil obligations arising from law; g) to protect the legitimate interests of the Service Provider to the extent permitted by law.
4.4. When processing personal data, the Service Provider follows the principles of lawfulness, purpose limitation, minimisation, accuracy, security and confidentiality, and processes only such data as is necessary for providing the service or fulfilling obligations arising from law.
4.5. Work-related notes made during the client's counselling process may be the psychologist's professional working tools and are not released to the client, to the extent that applicable law so permits. 4.6. The client has the right:
a) to receive information about the processing of their personal data; b) to access the personal data processed about them; c) to request the correction of incorrect or incomplete data; d) to request the erasure of data or the restriction of processing in the cases provided by law; e) to object to the processing of data on the grounds provided by law;
f) to contact the Data Protection Inspectorate or a competent court to protect their rights.
4.7. Where the processing of personal data is based on the client's consent, the client has the right to withdraw their consent at any time. Withdrawal of consent does not affect the lawfulness of data processing carried out before the withdrawal, nor processing to the extent that another legal basis exists for the processing of the data.
4.8. The more detailed procedure for processing personal data, including the retention periods for data, the client's rights and the principles for transferring data, is set out in the Service Provider's privacy policy, which is available on the Service Provider's website. By registering for a service, the client confirms that they have read the privacy policy or have been given the opportunity to read it before using the service.
5. Online counselling
5.1. Online counselling takes place by agreement of the parties via electronic means of communication. The client undertakes to use a functioning internet connection and suitable technical means during the counselling and to participate in the meeting in an environment that ensures privacy, confidentiality and the non-interference of third parties.
5.2. The client is responsible for the functioning of their own devices, software, internet connection and the means necessary to access the online counselling environment. The Service Provider is not liable for technical disruptions, interruptions or data communication problems caused by the client's devices, internet connection, software or the actions of third parties.
5.3. If a technical fault occurs during an online meeting, the parties shall make reasonable efforts to restore the connection. If continuing the service is not possible, the parties shall, where possible, agree on a new meeting time or another suitable solution.
5.4. During online counselling, the client is not permitted to record, capture, transmit or make audio, video or screen recordings of meetings without the Service Provider's prior written consent.
5.5. The Service Provider does not record online meetings without the client's prior informed consent, except where recording is necessary to fulfil an obligation arising from law.
5.6. Materials, worksheets, tests, questionnaires, exercises, written summaries and other content used or created during counselling that is provided by the Service Provider to the client is protected by copyright and may not be copied, published, distributed, altered, transmitted to third parties or used for commercial purposes without the Service Provider's prior written consent.
5.7. All the terms and conditions of confidentiality, data protection, payment, cancellation and other aspects of service provision set out in these terms and conditions apply to online counselling on the same basis as to in-person meetings.
6. Booking, cancellation and lateness
6.1. The Service Provider must be notified of any change or cancellation of an agreed meeting time at least 48 hours before the agreed time of service provision.
6.2. If the client cancels a meeting less than 48 hours before the agreed time, fails to attend the meeting or does not make use of the meeting for any other reason attributable to them, the Service Provider has the right to charge a fee of up to 100% of the cost of the booked service.
6.3. If the service has not been paid for at least 24 hours before the agreed meeting time and the parties have not agreed otherwise, the Service Provider has the right to cancel the booking or to refuse to provide the service.
6.4. If the client is late, the appointment time is not extended by the time of lateness and the service fee is not reduced. The Service Provider makes reasonable efforts to provide the service within the agreed time.
6.5. If the client is so late that, in the Service Provider's assessment, it is not possible to provide the service substantively or to an adequate standard, the Service Provider has the right to consider the meeting as having taken place and to apply the fee set out in clause 6.2.
6.6. The Service Provider shall notify the client at the earliest opportunity if a meeting needs to be cancelled or rescheduled for reasons attributable to the Service Provider. In such a case, a new time for providing the service shall be agreed or the client shall be refunded the amount paid to the extent that the service was not provided.
6.7. In exceptional cases, the Service Provider may waive the fee set out in clause 6.2 where the cancellation or non-attendance is due to the client's serious illness, an accident, the sudden serious illness or death of a close person, or another exceptional circumstance beyond the client's control. The Service Provider has the right, where necessary, to request additional explanations or evidence regarding the exceptional circumstance.
6.8. The Service Provider has the right to reschedule or cancel an agreed meeting for good reason, including illness, a family emergency, a technical fault or another unforeseen circumstance. In such a case, the Service Provider shall notify the client at the earliest opportunity and, where possible, offer a new meeting time.
6.9. If a meeting does not take place for the reasons referred to in clause 6.8 and the client has already paid for the service, a new meeting time shall be agreed or the client shall be refunded the amount paid to the extent that the service was not provided.
6.10. The parties undertake to notify each other at the earliest opportunity of any circumstances that may prevent an agreed meeting from taking place.
7. Payment
7.1. The service is paid for in accordance with the Service Provider's current price list.
7.2. Unless otherwise agreed, the service must be paid for in full at least 24 hours before the start of the agreed appointment or online meeting.
7.3. The Service Provider has the right to consider a booking confirmed once payment for the service has been received or where the parties have agreed on another payment arrangement.
7.4. If the service has not been paid for at least 24 hours before the agreed time of service provision, the Service Provider has the right to cancel the booking or to refuse to provide the service.
7.5. The Service Provider has the right to suspend further provision of the service in the event of a client's debt until the debt has been paid in full.
7.6. To recover a debt, the Service Provider may use the measures permitted by law, including a debt collection service. The client may be required to reimburse reasonable costs associated with the recovery of the debt to the extent permitted by applicable law.
8. Client's obligations
8.1. The client undertakes to:
a) provide the Service Provider with truthful and relevant information necessary for providing the service;
b) treat the Service Provider and other service recipients with respect;
c) keep confidential information that becomes known to them about other clients;
d) attend the service sober and not be under the influence of alcohol, narcotics or other intoxicating substances during the service;
e) comply with these terms and conditions of service provision.
8.2. The Service Provider has the right to refuse to provide the service or to interrupt the provision of the service if the client is under the influence of alcohol, narcotics or other intoxicating substances, or if the client's behaviour is aggressive, threatening, insulting or otherwise disrupts the provision of the service.
8.3. The Service Provider has the right to terminate or refuse the provision of the service if:
a) the client's behaviour endangers the safety of themselves, the Service Provider or other persons;
b) the client materially breaches these terms and conditions;
c) in the Service Provider's professional judgement, continuing the service is not in the client's interests;
d) the client's needs require a different kind of assistance or service whose provision does not fall within the Service Provider's competence or range of services.
8.4. Where possible, the Service Provider shall inform the client of the reasons for terminating the service and may, where necessary, recommend other appropriate specialists or services to the client.
9. Services for a minor client
9.1. When registering a client under 18 years of age for a service, the person ordering the service confirms that they have the right of legal representation of the child, or the consent of the other parent with custody or the legal representative, to order the service, to the extent that this is necessary under law.
9.2. The Service Provider has the right, where necessary, to request data, documents or explanations confirming the right of representation, custody or the existence of consent. The Service Provider may suspend or refuse the provision of the service until the necessary circumstances have been clarified.
9.3. When providing a service to a minor, the Service Provider is guided by the best interests of the child, the Convention on the Rights of the Child, the Child Protection Act, the Family Law Act and other applicable legislation.
9.4. In accordance with the child's age and level of development, the Service Provider takes into account the minor client's opinion, wishes and will, and explains the content of the service in a manner that is understandable to the child.
9.5. The Service Provider has the right to assess the minor client's ability to understand the purpose, nature and possible consequences of counselling and to take their opinion into account to the extent appropriate to the child's age and level of development.
9.6. Information obtained during the counselling of a minor client is treated confidentially. Information is disclosed to the child's legal representative to the extent necessary to protect the child's interests, to achieve the objectives of the service, or as required by law.
9.7. If the Service Provider becomes aware of a circumstance indicating that a child's well-being, development or safety is at risk, the Service Provider has the right and, in the cases provided by law, the obligation to forward the necessary information to a competent authority, including the child protection worker of the local authority or another competent authority.
9.8. If there is a dispute between the parents or other legal representatives over referring the child to the service, continuing the service or disclosing information relating to the child, the Service Provider has the right to require additional consents or documents and, where necessary, to suspend the provision of the service until the circumstances have been clarified.
9.9. The Service Provider does not participate as the representative of one party in disputes between parents over custody, arrangements for contact or other family law matters, and maintains its professional independence and impartiality.
10. Resolution of disputes
10.1. The provision of the service is governed by the law of the Republic of Estonia.
10.2. The parties shall endeavour to resolve disputes through negotiation.
10.3. If no agreement is reached, the client has the right to contact the Consumer Disputes Committee operating at the Consumer Protection and Technical Regulatory Authority or a competent court in accordance with the provisions of law.
11. The psychologist's professional principles and the client's rights
11.1. When providing the service, the Service Provider is guided by the legislation of the Republic of Estonia, the psychologist's occupational standard, the code of ethics of the Estonian Union of Psychologists and other requirements governing professional activity.
11.2. The service is provided solely within the limits of the Service Provider's professional competence. If the client's needs exceed the Service Provider's competence or the possibilities of the service, the Service Provider has the right and obligation to refer the client to another appropriate specialist or service.
11.3. The client is treated with respect and dignity and in accordance with the principle of equal treatment, regardless of their age, gender, nationality, mother tongue, religious beliefs, disability, sexual orientation, social status or other personal circumstances.
11.4. The client has the right to receive understandable information about the service, to ask questions and to make informed decisions about participating in the service.
11.5. The client has the right to end the counselling process at any time, except in cases where the law provides otherwise.
11.6. Psychological counselling is based on the client's voluntary participation, cooperation and mutual trust. The Service Provider respects the client's right to self-determination and does not make decisions concerning the client's life on their behalf.
11.7. The Service Provider maintains professional independence and acts in the client's best interests. The Service Provider may refuse activities or requests that conflict with the law, professional ethics, professional standards or the client's well-being.
11.8. To bear professional responsibility and ensure the quality of the service, the Service Provider may use supervision, peer consultation or other measures for ensuring professional quality, while complying with confidentiality and data protection requirements.
11.9. The Service Provider does not give the client legal, medical, financial or other professional advice outside their area of competence, and the client is, where necessary, advised of the need to contact other specialists.
11. Informed consent
By registering for a service or participating in a service, the client confirms that they:
a) have read these terms and conditions of service provision and have been given the opportunity to ask questions about them;
b) have received sufficient information about the nature, objectives, possible limitations and confidentiality conditions of the service;
c) understand that the outcome of psychological counselling cannot be guaranteed in advance;
d) understand the principles of confidentiality and the exceptions arising from law;
e) give the Service Provider consent to process the personal data and health data necessary for providing the service, to the extent necessary for providing the service and fulfilling obligations arising from law;
f) participate in the service voluntarily and understand that they have the right to end the counselling process at any time.
Informed consent applies throughout the entire counselling process, and the client may, during counselling, request additional information about the service, data processing or their rights.
12. Limitation of liability
12.1. The Service Provider provides the service within the limits of their professional competence and in accordance with applicable law, the psychologist's occupational standard, the code of ethics of the Estonian Union of Psychologists, the principles of professional ethics and good professional practice.
12.2. Psychological counselling is a professional collaborative process aimed at supporting the client in understanding their situation, promoting their mental well-being, developing coping skills and finding possible solutions. The outcome of counselling depends, among other things, on the client's individual situation, goals, readiness for change, active participation and other circumstances beyond the Service Provider's control. The Service Provider therefore cannot guarantee the achievement of a specific outcome, change or goal.
12.3. The Service Provider respects the client's right to self-determination and does not make decisions on the client's behalf concerning their life, health, relationships, education, work, property or other personal matters. The observations, recommendations and professional assessments given during counselling are of a nature that supports the client in making informed decisions.
12.4. The Service Provider is not liable for the consequences of decisions, actions or inaction made by the client during or after the counselling process, except where the damage is caused by the Service Provider's unlawful conduct or breach of an obligation arising from law.
12.5. The Service Provider is not liable for the disruption, interruption or impossibility of providing the service due to circumstances beyond the Service Provider's reasonable control, including faults in communication, electricity, internet or other technical systems, the actions of third parties or circumstances of force majeure. In such cases, the parties shall make reasonable efforts to continue the service or agree on a new meeting time.
12.6. If, in the Service Provider's professional judgement, the client needs assistance or a service that goes beyond the limits of the Service Provider's competence or the scope of the service, the Service Provider is not liable for the failure to provide such assistance, provided that the client has been advised to contact an appropriate specialist or service.
12.7. The limitations of liability set out in this clause apply to the extent consistent with the legislation of the Republic of Estonia and do not exclude liability in cases where the exclusion or limitation of liability is not permitted by law.
Service provider's details
Heaolu Keskus OÜ
Registry code: 16208286
Address: Narva mnt 7, Tallinn, 10117
Phone:+372 5690 0832
Email: info@heaolu.ee
Website: www.heaolu.ee
The data controller is Heaolu Keskus OÜ
