Terms and Conditions

TRAINING RULES OF OPERATION FOR REMOTE TRAINING

The EMSAÚDE is a private limited company, of private law, for profit, created in 2004, with headquarters in Estádio do Dragão, Porto, that has as one of its objectives the training of health technicians, through the conception, development, monitoring and evaluation of training interventions in the fields of knowledge related to health, therapy and rehabilitation and sports.

EMSAÚDE delivers training sessions in face-to-face and remote training regimes (e-learning and b-learning).

These Training Rules of Operation aim to systematize and standardise procedures related to training session developed by EMSAÚDE for face-to-face training.

As an instrument based on flexible principles, these Training Rules of Operation will be updated whenever there are changes in the organisation and functioning of the training activities carried out.

2. Remote learning – Specific Provisions

The general rules of operation governing EMSAÚDE’s training include all the rules applicable to face-to-face training, which include specific standards for remote learning.

The distance learning actions of EMSAÚDE are conducted through the distance learning platforms https://moodle.org/ and https://zoom.us/, where the following technical requirements must be met in order to attend:

Computer with internet access;
Open Office or MS Office;
Acrobat Reader.

Access to the platform is carried out at https://www.insia.pt/.

3. Enrolment and Selection

a. Enrolment

To access the training sessions provided by EMSAÚDE you must fill out the registration form available at www.academiclinicadragao.com or by directly contacting the services available to Trainees. Registration is confirmed by EMSAÚDE via email.

After enrolling in the training session, participants are sent login data for the remote training platform, which will be valid until the end of the training session. EMSAÚDE is not liable for any issues arising from access and/or use problems, other than those exclusively related to the remote training platform.

The Participant approves, by accepting these Regulations, and under oath, that the data provided by them when registering on the training platform are accurate and pertain solely and exclusively to them.

The personal data provided by the Participant when enrolling and/or provided to EMSAÚDE are protected by law and are those strictly necessary to identify the Participant and will be included in a database.

The login data, as well as all messages sent within the scope of the training to the email address provided by the Participants, are personal, non-transferable and for exclusive use within the scope of managing the training in question. These data are not transferred by EMSAÚDE for use and/or consultation by third parties.

Participants have the right to consult and amend their enrolment data, which they can do so on their personal profile, which they access using the credentials sent with their enrolment confirmation and after payment.

EMSAÚDE is responsible for processing this data, complying with the provisions for Data Protection implemented in the entity which ensure its confidentiality and security.

b. Selection

Enrolment in any course must comply with the specific qualification or experience requirements, where applicable. Applications will be accepted on a first-come first-served basis, provided the specific requirements are met.

EMSAÚDE may refuse an application, in particular, when it considers that the trainee's qualifications do not fit the defined prerequisites.

Enrolment is limited to the number of vacancies. If there are no available places left when you register online, even though you may be able to register on the website, the Trainee will be later contacted by EMSAÚDE, who will notify the Trainee that their registration could not be completed and provide information regarding the procedure for reimbursing any amount paid, if applicable.

4. Remote Training Conditions of Operation

Once the training starts, Participants will have to carry out a series of learning activities. They are responsible for managing their own time, and they must also take into account the deadlines defined for carrying out the tasks/activities. Training progressions is dependent on the performance of compulsory tasks/activities set.

Remote training courses may be carried out in a e-learning regime, with synchronous sessions (training component where trainer and trainee work simultaneously - mediated by a given process or technology) or asynchronous (training component where trainer and trainee activities are carried out in a staggered manner - mediated by a given process or technology), or blended learning, which combines face-to-face sessions and remote online synchronous or asynchronous sessions.

The Participant can access the course contents at any time of the day or night, depending on their availability and schedule, where the only restrictions are the scheduling of synchronous sessions and course’s end date.

In asynchronous sessions communication and collaboration take place asynchronously, allowing system users to interact according to their own pace and schedule, namely, through email or other collaboration tools, tests, assignments and/or other types of assessment. In asynchronous tutoring, the Participant is supported by the head trainer who will answer individual questions and provide clarification through forums, when applicable.

In synchronous sessions communication and collaboration is established in real time, namely through chat, conference calls, Web conferencing, or application sharing. In the synchronous sessions, the Participant is supported by the head trainer who, in addition to delivering the training syllabus, will answer their questions and provide clarification in real time.

5. Use of the Remote Training Platform

Registration, enrolment and access credentials are personal and non-transferable and can only be used by the Participant.

All messages sent to the email address used in the Participant's registration are intended solely and exclusively for the Participant himself and may not be copied, reproduced, given to consult or use or, in any other way, to other individuals or entities.

All texts, images, interactive services and other services available on the remote training platform are intended solely and exclusively to be used by the Participant and may not be transferred to third parties.

6. Reserved Use of Texts, Images and Services

The texts, images, sounds, interactive services and other materials or services available, hereinafter referred to as content, are intended to be used for the exclusive purpose of attending the training provided by EMSAÚDE and may not be copied, sent to third parties, reproduced, quoted or manipulated, in whole or in part, viewed by people who are not regularly enrolled Participants, without prior authorisation from the Entity.

All contents made available are the property of EMSAÚDE and may not be copied, reproduced, marketed, quoted or manipulated, in whole or in part, without your prior written permission from the Entity. The unauthorised sharing and use of audiovisual contents will trigger legal action by EMSAÚDE.

By enrolling, you are consenting that EMSAÚDE collects and disseminates image and/or video records in which your image and voice may eventually be included into the training itself. EMSAÚDE may collect images, videos and sounds (including voice recordings) during the course of training. The images or videos will always be collected in a general training context and will only disseminated for future educational and promotional purposes. If you notice an imagine that you do not want published when consulting a publication made by EMSAÚDE, you can request its immediate deletion by contacting EMSAÚDE.

7. Attendance

Attendance records are made through accessing and using the platform, and as such, an attendance sheet is not required. However, absence justifications are carried out according to the procedure set for face-to-face training.

8. Payments and Returns

a. Payments

The Participant only has access to their chosen course after completing enrolment and payment, before the start of the course. When completing their enrolment, the Participant must confirm the personal data provided therein, which will be used for the purpose of issuing the Certificate of Professional Training.

b. Returns

The request for withdrawing a registration must be submitted by email to: [email protected] stating the training event in question.

Without prejudice to the right to withdraw, where applicable, all cancellations are subject to a non-refundable fee of 25% of the registration fee (administrative costs). If the registration is cancelled, 75% of the amount actually paid will be refunded up to 15 days from the training date. All cancellations carried out less than 15 days prior to the training date are subject to a non-refundable fee of 100% of the registration fee. Trainees who are unable to take part in the training, may be replaced by another Trainee, provided that the trainee meets the attendance requirements for the Training session and that the data to be entered in the registration form are communicated prior to the training start date. A training session may be cancelled whenever it does not have the minimum number of Trainees at the start date of the training, and the Trainees will be reimbursed for the entire amount paid to date.

EMSAÚDE undertakes to refund the amounts paid in the even that it cannot guarantee that the advertised course will run, in which case it will cancel it, and no compensation payments will be made to enrolled students.

9. Rules of Conduct

By registering and/or using any content or service provided, the Participant agrees to be governed by EMSAÚDE’s rules of conduct.

EMSAÚDE reserves the right to edit or remove any message or communication made by the Participant, including messages posted in the course’s forum/chat discussion, if they are offensive to public morals or are unrelated to the contents of the course.

The Participant undertakes to act in good faith when using the platform and acknowledges that they are not allowed to commit any immoral or illicit acts against the entity and/or formative technological resources applied.

10. Use Requirements

To use the remote training platform, the Participant needs access to the internet, a computer, speakers and microphone, camera (preferred).

Other technical requirements which must be fulfilled in order to attend certain courses, namely in terms of equipment and software, are mentioned on the course description page.

11. Training Frequency

The course evaluation criteria are specified in the training program and on the course page, including assessment, the result of assessment tests/assignments, attendance and participation in the discussion forum. The specific weighting of each of these elements is used to determine the final grade.

It is the Participant's duty to attend the course while it is running, and to ensure that they carry out the assignments and tests/assessment tests and participate in the tasks set.

It is up to the technical-pedagogical team to support the Participant in issues not directly related to the themes of the course, such as clarifying the course’s objectives and program, the available editions, the operation of the course and the platform.

The Participant may also turn to the course’s Training Coordinator if he considers that there are pedagogical flaws in the course, that the trainer's performance is not adequate or that the technical-pedagogical team was not able to correctly answer their questions.

It is up to the Training Manager to ensure support for training management, pedagogical monitoring of training actions and articulation with participants.

The Participant acknowledges that in order to pass the course, they will have to meet the course evaluation criteria.

The Participant acknowledges that there may be failures in accessing the platform, namely for technical updates, whether planned or not.

EMSAÚDE will make all possible efforts to maintain the correct functioning of the e-learning platform, seeking to ensure its accessibility 24 hours a day, 7 days a week. However, it is not responsible for any technical failures or difficulties in functioning resulting from unrelated or external factors.

The registered Participant has the right to contact the trainers of the respective courses in which they are enrolled, through the forums created for this purpose on the platform.

12. Training Assessment Criteria and Methods

EMSAÚDE ensures the learning assessment in order to assess the extent to which the trainees have acquired the knowledge and skills that achieve the training objectives.

The assessment is an integral and fundamental element of the Training. The courses include assessment of knowledge/learning – qualitative or quantitative. The assessment will be carried out in accordance with the specific objectives of each session, and to this end, different assessment tools may be used, including tests of theoretical knowledge, assignments, among others.

The type of assessment will be defined according to each course’s inherent characteristics and respective training program. The trainers define the moments and forms of evaluation, according to the methodology previously agreed with the Training Coordinator, after analysing the syllabus, the respective programs and the duration of each module.

The assessment also includes the satisfaction assessment, in the form of a questionnaire: syllabus and methods; evaluation of the trainer's performance; overall evaluation of training, after which a Training Assessment Report is generated, which provides the evaluation of each training session.

As a general rule, in order for the Trainee to pass, they must obtain a grade equal or greater than 10 (scale from 0 to 20). If there are other rules, these will be communicated in advance to the Participants. The participant's final grade corresponds to the arithmetic mean of the grades obtained on a scale from 0 to 20.

The completion of the training with a pass grade also results in obtaining of a Certificate of Professional Training.

13. Certification

Participants who successfully complete the training are issued with a Professional Training Certificate through SIGO - Sistema de Informação e Gestão da Oferta Educativa e Formativa [Information and Management System for Educational and Training Offers], in accordance with Ordinance 474/2010 of 8 July.

The training certificate will be issued within 15 working days after the end of the training session and will be sent in digital format by EMSAÚDE to each Trainee. EMSAÚDEin digital format, for each Participant.

EMSAÚDE training events aim to provide the trainee with new knowledge and the tools to improve their performance in their area of work, and it does not replace the studies plan necessary to access a regulated profession, nor does it confer any title or professional classification, and it does not provide any other commitments or guarantees beyond those expressly provided for and assumed in the program and objectives of the training session in question.

Trainees should uphold safe and responsible practices, respecting the limits of their professional qualifications and technical skills, always safeguarding the applicable professional and ethical standards, and should never assume that attending any EMSAÚDE training justifies carrying out practices which go against their occupational limitations.

14. Suspension and Changes to Conditions of Service

EMSAÚDE reserves the right to withdraw from the contract at any time if the Participant violates, threatens to violate or demonstrates that they do not intend to comply with these Regulations, without the right to any compensatory measure or compensation.

In order to amend the Regulation, EMSAÚDE must notify users of the platform by the means that EMSAÚDE deems most convenient. EMSAÚDE you consider most convenient.

If the Participant does not expressly communicate their non-acceptance of the new Regulation and continues to use the website, their acceptance is tacitly assumed.

The Participant acknowledges that, even if they do not accept the Regulation, they may be held liable in court for infringement of copyright, offenses, debts and for all consequences that may arise, directly or indirectly, from the misuse of the platform’s service and/or its contents and that the provisions relating to the reserved use of texts, images and services, rules of conduct and the Participant’s enrolment data.

If the Participant does not comply with the regulations or fails to pay the enrolment fees, EMSAÚDE reserves the right to relinquish the contract with immediate effect.

15. Rights and Duties

a. Participant/ E-trainee

Participants who attend a remote training session, for a certain period of time, with the objective of acquiring the knowledge, aptitudes and attitudes required for the exercise of their profession, should expect to:

Adequately receive the training in accordance with the objectives, program methodology and schedule established for the training session in question;
Access the teaching resources needed to attend the training session, depending on what is agreed;
Be treated with respect and loyalty by colleagues, e-trainers, coordinators and other stakeholders;
Request support for the achievement of the objectives;
Take part in the training satisfaction questionnaire;
Submit any suggestions, praise and complaint or testimonials about the training process;
Contribute to the normal course of discussions in forums or group work;
Regularly benefit from the support established in the applicable legislation;
Receive, at the end of the training, a Professional Training Certificate, in digital format, which is conditional on passing the course/verification of mandatory attendance. To take any theoretical knowledge tests set by the training provider;
Take part in the training satisfaction questionnaire;
Have the confidentiality of the personal data provided during the enrolment process or training protected, in accordance with current law.

The Participant/E-Trainee undertakes to:

Make the payment within the established deadline and conditions;
Sign and comply with the training contract and deliver all documentation requested by EMSAÚDE;
Punctually attend all training events, aiming to acquire the theoretical and practical knowledge delivered to them;
For access control purposes the Participant/trainee must identify himself/herself by first and last name in the synchronous sessions and answer the questions asked by the instructor in order to ascertain the quality of the Participant/trainee; failure to identify him/herself and/or inability to ascertain the quality of the Participant/trainee by failing to answer the questions asked will result in exclusion from the virtual room until the identity of the Participant/trainee is confirmed
Actively participate in theoretical and practical sessions, particularly during group activities;
Take any theoretical knowledge tests assigned, with dignity and a sense of responsibility;
Treat trainees, trainers, coordinators and other EMSAÚDE representatives in a cordial manner;
Carefully use and ensure the proper preservation of equipment and other goods entrusted to them for training purposes;
Consult EMSAÚDE whenever there are relevant questions and be entitled to receive answers;
Maintain loyalty to the training entity, refraining from any act that may damage or discredit the training provided by EMSAÚDE;
Comply with other legal and contractual duties.

b. E-trainer

Qualified trainer with specific academic and professional qualifications, whose contribution facilitates the acquisition of knowledge and/or development of technical and behavioural skills and competences. Entails:

Having teaching materials and the administrative and logistical support necessary to carry out the training session according to plan;
Accessing the results of your assessment, carried out by the Participants;
Responding to/countering any information, assessment or complaint arising from your performance or action carried out by you;
Developing the course assigned to you, in terms of planning, execution and assessment;
Facilitating the acquisition of knowledge and/or development of skills, attitudes and forms of behaviour;
Guiding the entire learning path, including sessions carried out on the e-learning platform;
Carrying out Participant assessments;
Selecting, preparing and making the teaching materials available to support the training session, when so required;
Notifying the Training Manager and/or Training Coordinator of any and all serious events that prevent the normal running of the session;
Immediately communicating in case there are any unforeseen events that prevent you from attending the course’s synchronous session;
Attending meetings for preparation, follow-up, training assessment whenever called upon;
Accurately providing information that may be requested at any time;
Guiding their conduct by respecting the principles of equal treatment of all agents involved in the session, refraining from the practice of discrimination in matters of gender, ethnic-religious affiliation or any other ideology.

c. Head of Remote Learning

Qualified Pedagogical Coordinator responsible for supporting the management of training and its pedagogical management, ensuring the articulation between all stakeholders involved. Qualified Training Manager responsible for the planning, execution, monitoring, control and evaluation of the training activity. Both entail:

Opening and closing courses by following the procedures established for this purpose;
Monitoring the running of training sessions;
Ensuring the smooth running of the course, supporting the Participant and the trainer during training;
Ensuring the planning, implementation, monitoring, control and assessment of the activities plan;
Managing resources allocated to training;
Liaising with the entities responsible for the Certification System;
Managing the platform’s management, configuration and assistance in order to ensure its correct functioning;
Organising the logistics necessary for running the courses and ensuring the availability of content and the use of various teaching materials, in written, audio, video, computer or multimedia formats;
Implementing training quality mechanisms and ensuring the implementation of training practices, in order to align with the certification requirements.

16. Complaint Handling Procedure

All complaints must be substantiated, stating the reasons for the complaint and submitting them within 10 working days after the action that gave rise to it. Complaints should be sent for the attention of the Training Manager (by letter to EMSAÚDE‘s address or to the following email: [email protected]), whereby a written answer to all complaints is guaranteed within a maximum of 10 working days after being received by EMSAÚDE.

In accordance with Article 1(2) of Decree-Law no. 156/2005, of 15 September, as amended by Decree-Law no. 371/2007, of 6 November, EMSAÚDE makes the Complaints Book available at its facilities to anyone who requests it. The Complaints Book is duly signposted and available in a visible location at the entity’s entrance.

17. Right to withdraw

The Participant has the right to terminate the contract, without the need to state any reason for doing so, within 14 (fourteen) working days from signing the contract, and they may exercise their right of withdrawal from the contract by sending the decision to terminate the contract in a letter addressed to EMSAÚDE’s address, or via [email protected]. The Participant's right to withdraw within the deadline is deemed to have been exercised when the termination is sent before the deadline.

Exceptions to the right of withdrawal set out in the previous paragraph will be all cases where the execution and supply of digital contents not supplied in a physical format take place with the Participant's prior and express consent, and the Participant acknowledges that providing consent results in the loss of the right of withdrawal.

18. Personal Data Protection

In accordance with the GDPR in force, EMSAÚDE undertakes not to disclose the data provided to third parties, and their use is limited to the management of the training activity. The personal data provided by Participants and employees are exclusively intended for the organisation, operation and assessment of the training sessions in which they are enrolled.

The personal data of training participants collected within the scope of the enrolment process and attendance of any EMSAÚDE course, namely their name, Citizen Card number, expiration dates, taxpayer number, domicile, email address, telephone numbers, date of birth, educational qualifications, or others, are processed and included in automated computer files, or in manual files, which are the responsibility of EMSAÚDE.

Personal data are processed exclusively for the purposes of managing the individual processes of those involved in the training, as well as for the full compliance with the contractual and legal obligations inherent to the course in question, the purposes of which are essentially the following: management of applications and enrolments, assessment and certification procedures, access control, attendance, timetable and attendance, provision or sending of information and study materials, human resources management, remuneration processing, personnel selection and recruitment.

The personal data collected from course participants may be transmitted to the entities responsible for the course certification or by virtue of compliance with the rules established in national arrangements and international partnerships or agreements in the context of Training, if any, and exclusively for that purpose, and even in these cases, always upon the express consent of their holders through the signature of the respective training contract.

The personal data of training participants will be kept only for the period strictly necessary for the purposes for which they are processed.

EMSAÚDE may process special categories of data, namely health-related data, when such is necessary to comply with legal obligations to which it is subject, for reasons of public interest in the fields of public health, collaborating with the Health Authorities in the control of infectious diseases, without prejudice to the respective holders’ right to individual data protection.

Any of the training participants may exercise their right of opposition, information, access, portability, rectification and deletion of data, through written communication addressed to EMSAÚDE.

If any of the course participant’s rights regarding the protection of personal data are not respected, they may file a complaint/claim with the National Data Protection Commission, using the form available at www.cnpd.pt

19. Resolution of Consumer Disputes

In compliance with Law No. 144/2015 of 8 September, in case of dispute, the Participant has alternative means of resolving consumer disputes and can resort to CICAP - Centro de Informação de Consumo e Arbitragem do Porto, with website at: http://www.cicap.pt and head office at Rua Damião de Góis, 31, loja 6, 4050 - 225 Porto

20. Final Provisions

These EMSAÚDE Training Rules of Operation Rules - Remote Learning regime, shall come into force from 01 April 2022.

Within the scope of the exceptional and temporary measures to respond to the pandemic caused by the SARS-CoV-2 coronavirus and COVID-19, imposed by the national authorities, EMSAÚDE will prioritise training interventions carried out in a remote regime. This recommendation will remain in place as long as the current pandemic situation is sustained..

TRAINING RULES OF OPERATION FOR PRESENCIAL TRAINING

1. Preliminary Note

EMSAÚDE is a for-profit limited liability company, established in 2004, headquartered in Estádio do Dragão, Porto, which has as one of its objectives the training of health technicians, through the design, development, monitoring and evaluation of training interventions in fields related to health, therapy and rehabilitation and sport.

EMSAÚDE delivers training sessions in face-to-face and remote training regimes (e-learning and b-learning).

These Training Rules of Operation aim to systematize and standardise procedures related to training sessions developed by EMSAÚDE for face-to-face training.

As an instrument based on flexible principles, these Training Rules of Operation will be updated whenever there are changes in the organisation and functioning of the training activities carried out.

2. Access Requirements and Forms of Enrollment

To access the training sessions provided by EMSAÚDE you must fill out the registration form available on the website www.academiclinicadragao.com or by directly contacting the services of www.academiaclinicadragao.com. Registration is confirmed by EMSAÚDE via email, upon receiving the registration form and proof of payment from the Trainee.

Enrolment is conditional on the acceptance of these Training Regulation rules, the Privacy Policy of the website www.academiaclinicadragao.com as well as of the terms and conditions outlined on the website.

3. Trainee Selection Criteria and Methods

Enrolment in any course must comply with the specific qualification or experience requirements, where applicable.

A selection interview may be conducted with potential Trainees, in exceptional cases, which are duly identified in the training session’s promotional materials.

Applications will be accepted on a first-come first-served basis, provided the specific requirements are met.

EMSAÚDE may refuse an application, in particular, when it considers that the trainee's qualifications do not fit the defined prerequisites.

4. Training Conditions of Operation

There must be a minimum number of completed registrations for the training sessions to be carried out. The minimum number of registrations is pre-defined for each training session and may vary depending on the training session.

If there are no available places left when you register online, even though you may be able to register on the website, the Trainee will be later contacted by EMSAÚDE, who will notify the Trainee that their registration could not be completed and provide information regarding the procedure for reimbursing any amount paid, if applicable.

The Training Rules of Operation are made available by EMSAÚDE in digital format to all trainees.

The remaining training material is made available to the Trainees on the training start date. All learning materials used during the training are made available for support and consultation by the Trainees, except in cases where they cannot be made available due to copyright rights or other legal characteristics related to ownership. The copying or reproduction of such content is expressly prohibited, except in situations where authorisation is expressly granted by EMSAÚDE.

a. Definition and Change of Times, Locations and Schedule

The schedules, locations and schedule of the training sessions are stated in each training session’s promotional materials. EMSAÚDE may make changes to the timetables, location and/or scheduling of the training session whenever necessary, for reasons of force majeure or other duly justified reasons, provided that this does not compromise the training objectives, in which case EMSAÚDE commits to notifying all registered Trainees regarding the changes made as soon as possible.

b. Training Interruptions and Repetitions

EMSAÚDE ensures that the training sessions are carried out on the published dates, which may occasionally be changed for reasons of force majeure or other duly justified reasons. All changes are communicated to the Trainees as soon as possible, and such does not give them the right to any compensation. Whenever the interruption of a training session is the sole responsibility of EMSAÚDE, a new training date will be scheduled, and the Trainees will be given the option of joining the training on the new date or being reimbursed for the amount already paid. If the interruption of a training session is the Trainee’s sole responsibility, this must be communicated to the Training Coordination department, which will analyse and decide based on the information presented - each case will be analysed individually.

5. Payments and Returns

a. Payments

The amount and payment terms applicable to each training session are indicated in the promotional materials. Payment must be settled before the start of the training session and the respective proof of payment sent to: [email protected]. Payments can be made via bank transfer to the NIB provided by EMSAÚDE, credit card, ATM or MBway.

b. Returns

The request for withdrawing a registration must be submitted by email to: [email protected] stating the training event in question.

6. Attendance Duties

For the purpose of obtaining the Training Certificate, EMSAÚDE defines 90% attendance as the minimum total training workload percentage required to award the training certificate. Any change to these attendance requirements will always be communicated by EMSAÚDE before the start of the training to all registered Trainees.

7. Training Assessment Criteria and Methods

EMSAÚDE ensures the learning assessment in order to assess the extent to which the trainees have acquired the knowledge and skills that achieve the training objectives.

As a general rule, in order for the Trainee to pass, they must obtain a grade equal or greater than 10 (scale from 0 to 20). If there are other rules, these will be communicated in advance to the Trainees. The trainee's final grade corresponds to the arithmetic mean of the grades obtained on a scale from 0 to 20.

The completion of the training with a pass grade also results in obtaining of a Certificate of Professional Training.

8. Practical Component, Consent and Participation

The practical component is essential for the acquisition, improvement and mastery of knowledge, so that certain EMSAÚDE training courses may foresee and include a practical component of exercise and body manipulation, to be carried out by the Trainee in a classroom context, under the Trainer’s guidance and coordination, according to the Course’s Plan and specific objectives.

The Trainee undertakes to share with the Trainer any and all relevant individual clinical information that may affect their state of health and subjection to the demonstrations, as well as to obtain all the answers and clarifications to any questions asked from the Trainer, in observance of the principles of professional ethics and deontology.

Taking part in these demonstrations, whether carried out by the Trainer or by another Trainee, will always be a free and voluntary act, where the Trainee has the right to refuse to submit to any intervention, as well as to withdraw at any time.

Upon enrolling, the Trainee freely and voluntarily declares that they intend to participate in the Training Event in question, and are fully aware of the risks that the activity and physical effort may imply for their health, and assume full and exclusive liability for those risks.

In the event that the Trainee's general state of health or will changes, they undertake to communicate this immediately and to oppose taking part in any interventions or demonstrations of a practical nature.

In cases where the training includes a practical component of exercise and body manipulation, to be carried out by the Trainee in the classroom, all Trainees undertake to ensure compliance with the applicable hygiene and safety standards, known and recommended by the public entities in terms of reducing the risk of possible contagion or propagation of viruses, bacteria or other pathogens, using the necessary and adequate personal protective equipment for this purpose, which will be made available by EMSAÚDE.

9. Certification

Trainees who successfully complete the training are issued with a Professional Training Certificate through SIGO - Sistema de Informação e Gestão da Oferta Educativa e Formativa [Information and Management System for Educational and Training Offers], in accordance with Ordinance 474/2010 of 8 July.

The training certificate will be issued within 15 working days after the end of the training session and will be sent in digital format by EMSAÚDE to each Trainee.

The issuance of the certificate may be refused if i) the trainee has an attendance of less than 90% (ninety percent) of the total hours foreseen for the training, ii) if it is found that the information provided regarding qualifications is false, iii) in the event that the Trainee reveals the non-acquisition of knowledge and non-compliance with the proposed objectives, through the issuance of a written opinion by the Head Trainer, which substantiates this fact.

The aforementioned attendance rate may vary depending on the training, and there may be training courses for which the attendance rate is higher or lower than that stipulated in these Regulations.

The issuance of the certificate will depend on the Trainee’s performance, in accordance with the defined assessment methodology, duly enshrined in the respective Training Regulations.

10. Suspension and Changes to Conditions of Service

In order to amend the Regulation, EMSAÚDE must notify users of the platform by the means that EMSAÚDE deems most convenient.

If the Trainee does not comply with the regulations or fails to pay the enrolment fees, EMSAÚDE reserves the right to relinquish the contract with immediate effect.

11. General Description of Roles and Responsibilities

a. Training Managers

Main contact point with the Certification System, ensuring that the training practices implemented in the entity comply with the System’s requirements as well as the applicable legislation.

Responsible for the training policy and for its general management and coordination, being responsible in particular for acting as a liaison between EMSAÚDE and the external environment, monitoring market needs and defining training offer strategies, as well as representing EMSAÚDEwith other entities and partners. Ensures:

The planning, execution, monitoring, control and assessment of the activities plan;
The management of resources allocated to training;
The external relations pertaining to training;
Ensures the promotion of contact and sending of training proposals to customers;
Ensures the promotion of contact and sending of partnership proposals;
Ensures that there are responses to requests from customers or partners;
Ensures the recruitment and selection of trainers;
Manages all training activities;
Ensures compliance with all DGERT Training Entities Certification requirements;
The implementation of audit and continuous improvement actions and the implementation of training quality mechanisms.

b. Training Coordinator

Responsible for supporting the management of training and training management, ensuring:

Coordination with the Training Manager;
The liaison and coordination of the trainers team during the design phase of the programmes;
Pedagogical monitoring of trainees and trainers during the implementation phase of training;
Arranges meetings at different times (before, during and after the session) with all the stakeholders needed for the implementation of the training project;
If necessary, reformulates training strategies and/or Trainee assessment/monitoring tools, together with the trainers;
Monitors the development of the training project, ensuring all conditions for the implementation of the training activity;
Coordinates the entire assessment process for the training project, seeking to identify improvement needs;
Collaborate in the execution of administrative tasks related to the training activity (receiving contacts, organisation of technical-pedagogical files for training sessions, statistical processing of responses to evaluation questionnaires, among others);
Collaborate in the execution of logistics tasks related to the training activity;
The resolution of teaching and organizational issues arising from the sessions, among others.

c. Trainer

The trainer is responsible for the preparation and pedagogical development of the training sections they oversee, ensuring:

The preparation of the training program;
The creation of teaching resources for the development of the program, such as session plans, manuals, exercises, among others;
The monitoring of training sessions, through the application of pedagogical methods suited to the recipients and training objectives;
Comply with the timetable as well as the total number of hours planned for the training event;
Comply fully with the program contents planned for the training event;
Answer any questions raised by the Trainees in the context of the themes approached during the training event;
Make all the documentation (manuals or other) provided for in the terms of participation available to the Trainees;
Control the attendance and punctuality of the Trainees, through the attendance sheet;
Creating and updating all training support documentation;
Carry out the overall assessment of the training event through the questionnaire used to assess the trainer's training session;
Compliance with all procedures related to Certification by DGERT or by any other applicable entity;
The application of evaluation methods and tools.

d. Customer Service

Ensures customer service support to the public between 9:30 AM and 12:30 PM and from 2 PM to 6 PM, providing support for the development of EMSAÚDE's training activities.
Respond to any request from the public wishing to contact EMSAÚDE, or forward to whoever may be able to help, in case they are not in a position to respond;
Represent EMSAÚDE, being responsible for its public-facing side;
Collaborate in the execution of administrative tasks related to the training activity (receiving contacts, organisation of technical-pedagogical files for training sessions, statistical processing of responses to evaluation questionnaires, among others);
Collaborate in the execution of logistics tasks related to the training activity.

12. Trainee Rights and Duties

a. Trainee rights

Receive training in accordance with the established programs;
Regularly benefit from the support established in the applicable legislation;
Receive, at the end of the training, a Professional Training Certificate, in digital format, which is conditional on passing the course/verification of mandatory attendance;
Have the confidentiality of the personal data provided during the enrolment process or training protected, in accordance with current law;
Refuse to perform activities that do not fall under training objectives.

b. Trainee Duties

Make the payment within the established deadline and conditions;
Sign and comply with the training contract and deliver all documentation requested by EMSAÚDE;
Punctually attend all training events, aiming to acquire the theoretical and practical knowledge delivered to them;
Be corteous with the training coordinators, trainers and other trainees and EMSAÚDE representatives and employees;
Carefully use and ensure the proper preservation of equipment and other goods entrusted to them for training purposes;
Ensure the preservation and good use of the facilities where the training takes place, both for EMSAÚDE and for the entities associated with the project in a partnership regime;
Maintain loyalty to the training entity, refraining from any act that may damage or discredit the training provided by EMSAÚDE;
Notify the trainer or training coordinator of any circumstances which may interfere with the normal functioning of the session (absences, delays, withdrawal, etc.);
Comply with other legal and contractual duties.

13. Complaint Handling Procedure

The final response to the complaint will be presented by EMSAÚDE and addressed to the complaining entity/person within a maximum period of 15 (fifteen) working days, counting from the date on which the complaint was received.

14. Right to withdraw

The Trainee has the right to terminate the contract, without the need to state any reason for doing so, within 14 (fourteen) working days from signing the contract, and they may exercise their right of withdrawal from the contract by sending the decision to terminate the contract in a letter addressed to EMSAÚDE’s address, or via [email protected]. The Trainee's right to withdraw within the deadline is deemed to have been exercised when the termination is sent before the deadline.

Exceptions to the right of free withdrawal set out in the preceding paragraph will be any cases where the execution and delivery of digital content not supplied on a tangible medium has begun with the express prior consent of the customer and the customer acknowledges that his or her consent implies the loss of the right of free withdrawal.

15. Personal Data Protection

In accordance with the GDPR in force, EMSAÚDE undertakes not to disclose the data provided to third parties, and their use is limited to the management of the training activity. The personal data provided by trainees and employees are exclusively intended for the organisation, operation and assessment of the training sessions in which they are enrolled.

The personal data of training participants will be kept only for the period strictly necessary for the purposes for which they are processed.

Any of the training participants may exercise their right of opposition, information, access, portability, rectification and deletion of data, through written communication addressed to EMSAÚDE.

16. Resolution of Consumer Disputes

In compliance with Law No. 144/2015 of 8 September, in case of dispute, the Trainee has alternative means of resolving consumer disputes and can resort to CICAP - Centro de Informação de Consumo e Arbitragem do Porto [Centre for Consumer Information and Arbitration of Porto], with website at: http://www.cicap.pt and head office at Rua Damião de Góis, 31, loja 6, 4050 - 225 Porto

17. Final Provisions

These EMSAÚDE Training Operating Rules – valid for face-to-face training actions and remote learning regime, come into force from 01 April 2022.