General terms and conditions of use for the platform bewellconnect and it’s healthcare applications (enforceable since the 24/11/2016)

Preambule

The BEWELLCONNECT platform regroups the BEWELLCONNECT applications notably allowing its users to access data collected by the healthcare products offered by VISIOMED GROUP under the trademark BEWELLCONNECT, to consult it, to share it with their relatives or with doctors and to search for healthcare professionals.

 

The use and access to all the BEWELLCONNECT platform’s functionalities and to the offered healthcare applications are governed by the current general terms and conditions of use and imply their full, prior and express acceptation by the users. Every user of the platform and/or the healthcare applications must also observe VISIOMED confidentiality policy.

 

VISIOMED GROUP suggests to its users to print and keep in their personal archives the applicable version of these General Terms and Conditions of Use at the time they decide to use the Platform and the healthcare applications.

Article 1 – Definitions

In these general terms and conditions of use’s framework, the terms employed hereafter shall be defined as follows regardless of their employment in the singular or in the plural form:

 

– « Account »: Refers to all the personal pages exclusively owned by the User who subscribed to the Platform. This secured page is only accessible to the User who created it through the email address and personal password he chose when he registered and allows to access to the Profiles.

 

– “Confidentiality Policy”: refers to VISIOMED’s data confidentiality policy accessible through the “Confidentiality policy” item.

– « GTCU »: refers to the current general terms and conditions of use of the Platform and the Healthcare Applications;

– « Healthcare Application »: refers to the healthcare applications offered by VISIOMED through the Platform, that is to say the following applications:

 

  •  MyThermo application
  •  MyScale application
  • MyTensio application
  • MyCoach application
  • MyOxy application
  • MyGluco application
  • MyTens application

 

– « Pad »: refers to tactile screens allowing the access to applications via the Internet network;

– « Platform »: refers to the platform BEWELL CONNECT, downloadable via smartphones or pads. The abovementioned Healthcare Applications are offered to the public through the Platform. This Platform includes the infrastructure as well as the content, notably the texts, sounds, pictures, gifs, videos and databases;

– « Products »: refers to the connected healthcare products offered under the trademark BEWELL CONNECT and used in connection with the Healthcare Applications, that is to say the following products:

 

  • MyThermo thermometer
  • MyScale scale
  • MyTensio tensiometer
  • MyCoach bracelet
  • MyOxy oxymeter
  • MyGluco glucometer
  • MyTens electrostimulator

 

– « Profile(s) »: refers to the Users’ personal pages created in accordance with the modalities provided by the article 6 of these GTCU, accessible through the Platform, via the Account, and notably allowing the Users to access the results (or synthesis) of the data collected by the Products via the Healthcare Applications. Each Profile designates a User;

– « Smartphone »: refers to intelligent mobile phones allowing the access to applications via the Internet network.

– « User »: refers to any physical person who created an Account and/or a Profile via his Account or via another User’s account in accordance with the modalities provided by the Article 6 of the GTCU and uses and accesses the Platform and/or the Healthcare Applications;

– « VISIOMED»: refers to VISIOMED GROUP company, société anonyme à conseil d’administration, with a share capital of 15.951.207,00 euros registered with the Paris trade and companies register under number 514 231 265 and having its head quarters at the 112th avenue Kléber Paris (75116).

Article 2 – Purpose

The purpose of these CGTU is to define the terms and conditions governing the Users’ access and use of the Platform and/or Healthcare Applications.

 

The fact of clicking on the linked called “ I have read and I accept the General Terms and Conditions of Use”, when creating an shall be interpreted as a recognition and acceptation of these GTCU.

Article 3 – CGTU’s application / Modification

3.1- VISIOMED reserves the right to modify the GTCU at any time, for example to adapt to the legislative or regulatory dispositions or technical evolutions of the Healthcare Applications and/or the Products.

 

3.2- The GTGU are regularly updated. Consequently, the Users are invited to consult them each time they visit the Platform.

 

3.3- If the Users disagree with the modified GTCU, they will have to cease accessing the Platform and using the Healthcare Applications. Consequences provided by the article 14.1 of the GTCU will then be applicable. The use of the Platform and/or the Healthcare Applications by the Users after the new GTCU have been published will be deemed to be an express and unreserved acceptance on their behalf.

Article 4 – General functioning of the platform and the healthcare applications

4.1- In order to access the Healthcare Applications and, more generally, the Platform, the Users have to create an Account and at least one Profile in accordance with the modalities provided in the article 6 of the GTCU. The inscription to the Platform give a right to Users to access the Healthcare Applications in accordance with the modalities provided by the article 7 of the GTCU.

 

4.2- The Platform aims to allow the access to Healthcare Applications to the Users so as to:

 

  • Have a knowledge of the data collected by the Products;
  • Follow the evolution of the data collected via graphs or dashboards;
  • Benefit from an interpretation of the data collected based on WHO’s or learned societies’ standards; or else according to the User’s own personalised objectives.
  • Search for a healthcare professional everywhere in the world;
  • Share their data with a healthcare professional, a group of patients, friends or relatives.

 

The Platform and Healthcare Applications will then allow the Users to know the results of data collected by the Products and to set their own personal objectives. The Users thus commit to only use the Platform and/or Healthcare Applications for personal and/or professional use and to exclude any commercial exploitation of the Platform and/or Healthcare Applications.

 

Attention: Note to the users

The Platform and Healthcare Applications have a mere vocation to allow the Users to access to the data collected by the Products. VISIOMED is not a doctor and does not provide medical diagnosis. Thus, the Platform and/or the Healthcare Applications utilisation shall not substitute to medical examination. VISIOMED then suggest to its Users to regularly consult a doctor and notably if they question their medical conditions.

If a User wants to modify his monitoring objectives, it is essential that he has previously consulted a healthcare professional so as to set objectives corresponding his medical condition. A modification of the objectives has huge implications and it must only be done by the User while having a full knowledge of his medical condition.

 

4.3- The Platform and the Healthcare Applications provided by VISIOMED are constantly evolving. Therefore, their forms and natures are susceptible to punctually evolve and the Users are not preliminarily informed of those changes. The Users shall not be allowed to submit their claims relatively to these changes. VISIOMED reserves the right to modify and/or delete at any time certain aspects of the Platform and/or the Health Applications.

 

Moreover, VISIOMED reserves the right to temporarily or permanently interrupt one or several Health Applications without prior notice and/or to:

 

  • Withdraw or disable access to their Account and/or Profile;
  • Deactivate the Account and/or Profile of a User who has not respected the GTCU in the conditions provided by the article 14 of the GTCU.
Article 5- Prior conditions to the use of the platform and healthcare applications.

5.1- The use of the Platform and/or Healthcare Applications requires that the Users:

 

  • Possess a Smartphone and/or a Pad equipped with an Android 4.3 or IOS 8.0 (or more recent) operating system, connected to the Internet network and equipped with the Bluethooth Low Energy (BLE) functionality;
  • Download the available Platform on the Apple Store or on Google Play;
  • Create an Account and at least one Profile in accordance with the modalities provided by the article 6 of the GTCU.

 

5.2- The Users ensure that they have full legal capacity to use the Platform and/or the Healthcare Applications and notably:

 

That they have reached the legal majority. Notwithstanding the foregoing, the minors aged of sixteen (16) and more are allowed to use the Platform and/or the Healthcare Applications, provided that they have previously obtained an express authorization from their Parents – or from the person exercising the parental authority- to do so and to provide the information and electronic addresses where all communication can be transmitted to them. The fact for them to use the Platform and/or the Healthcare Applications implies that they received this prior approval according to the fact that the access to the Platform and/or the Healthcare

 

  • Applications is possible only if their Account or their Profile has been activated by the person exercising the parental authority;
  • That they are not one of VISIOMED’s competitors and/or that they will not use the Platform and/or the Healthcare Applications so as to fraudulently compete with VISIOMED and/or in a manner that could negatively affect VISIOMED’s interests.

 

That they have full legal and intellectual capacity (and particularly that they are not dependant nor subjected to any form of legal guardianship);
That they do not use the MyDoc Service for professional or/and commercial purposes and in particular for the purpose of practising medicine illegally.

 

5.3- VISIOMED shall not be held responsible if the Platform and/or the Healthcare Applications are used by Users who don’t fit the conditions provided by articles 5.1 and 5.2 of the GTCU.

Article 6 – Registration to the platform / accounts and profile(s) creation

The registration to the Platform so as to access to the Healthcare Applications and more generally to the Platform itself is free and implies the Users’ full and unreserved acceptance of these GTCU. This acceptance is formalized when the User clicks on the link“ I have read and I accept the General Terms and Conditions of Use” accessible via the validation email they received once their Account was created.

 

6.1- In order to be allowed to register on the Platform and to create an Account, the Users must be aged of at least 16 years old and provide an email address (personal if they have reached the legal majority or the one of the person exercising the parental authority if they are minors aged of sixteen (16) and more).

 

Moreover, they are invited to create an exclusive and personal password allowing them to access afterwards the Platform, the Healthcare Applications and/or their Account, VISIOMED encourages Users to use “strong” passwords that mix numbers, letters and symbols as well as majuscule and minuscule characters.

 

6.2- The Users are exclusively responsible for their passwords’ protection. In this context, the Users have a duty to make sure that they have effectively been log out from their sessions each time they leave it.

 

The Users commit not to give nor communicate their personal password to any third-party. By no means shall VISIOMED be held responsible of the loss or use by a third-party of a User’s password.

 

Any loss, misappropriation or unauthorized use of the username and/or the User’s password and any consequence of these actions is the User’s responsibility.

 

6.3- In order to create their Profile and to be able to use the Healthcare Applications, the Users must fill up a form mentioning the following information:

 

  • First Name*
  • Last Name*
  • Date of birth*
  • Sex*
  • Weight*
  • Height*
  • Waist circumference
  • Step length*
  • Medical history*
  • Name, email and address of their doctors
  • Name and telephone number of an emergency contact.

 

The mandatory information to fill up is marked with an asterisk (*).

 

The Users can also download a personal digital picture so as to illustrate their Profile. In order to so, the Users will have to click on the empty picture frame and will then have an opportunity to upload an existing picture or to take a new picture.

 

If the Users are not alone on their picture and/or if they create a Profile on the behalf of a third-party, they guarantee to have obtained the consent of the people included on the uploaded picture. Moreover, the Users ensure that they have obtained all rights and authorizations necessary, and notably the copyrights on the pictures. Thus, VISIOMED shall not, in any case, be held responsible for any violation of those rights.

 

6.4- The Users have the ability to create Profiles for third parties following the same process. In this case, they undertake to provide the email address of the owner of the Profile in order to allow him to give his approval by clinking on the dedicated link in the validation email automatically send by VISIOMED.

 

6.5- In the context of their registration and the creation of Profiles (whether it is for them or on the behalf of a third party), the Users commit to provide real, truthful, updated and complete information, notably relatively to the identity (in accordance with the Article 6-II of the Law n° 2004-575 from June, 21st 2004 about trust in digital economy). Consequently, they commit not to create false identities susceptible to mislead VISIOMED or third parties and not to usurp another person’s identity.

 

VISIOMED does not have the means to check the identity of the person who register, and shall not be held responsible in the case of a misuse of a User’s identity. Users who find out that another person has used their identities so as to register on the Platform and/or use the Healthcare Applications must immediately inform VISIOMED at the following address: support@visiomed-lab.fr.

 

6.6- Users ensure that the data they communicate about them or on behalf of a third-party through the Profiles creation are accurate, complete and real. VISIOMED does not have the means to control the accuracy or reliability of the information provided by the Users and thus shall not be held responsible for any consequence resulting from the incomplete or false information.

 

6.7- The Users commit to immediately update the data they have communicated if it has been modified. In order to do so, the Users must log into their Profiles and click on the “Modify” button. Once the data has been modified, they can validate it by clicking on the “OK” button.

 

6.8- If a User suspects any obstacle or any fraudulent use of his Profile, he shall immediately inform VISIOMED at the following email address: support@visiomed-lab.fr.

Article 7: Connexion to the platform and to the healthcare applications.

7.1- Once registered in accordance with the conditions mentioned by Article 6 of the GTCU, Users benefit from a right to access the Healthcare Applications and more generally the Platform itself. In order to do so, the Users have to connect to the Platform.

 

They are then invited to fill out their usernames and password and to click on the “Connexion” button.

 

If Users forget their passwords, they have an opportunity to access to a new password by clicking on the “Forgot your password?” button that will appear on the Platform’s homepage. User will then receive an email mentioning a new password at the address provided when they registered.

 

Notwithstanding the foregoing, is the Users are minors, they will be allowed to access to the Healthcare Applications and/or to the Platform only if the link in the activation email sent by VISIOMED to the person exercising the parental authority has been activated.

 

7.2- Once the User connects to the Platform through his Account, a list of created Profiles appears. The User has to select the Profile he wants to connect to. They are then redirected on the Healthcare Applications library and are invited to select the wanted Healthcare Application.

 

Concerning the Profiles created by third parties, they will be allowed to access to the Healthcare Applications and/or to the Platform only if the link in the activation email sent by VISIOMED has been activated.

 

7.3- The equipment (Smartphone, Pads, Internet accesses, etc..) allowing the Users to connect to the Platform are the Users’ exclusive responsibility.

Article 8: Conditions and modalities of use for the platform and the healthcare applications

In order to be able to use the Platform and/or Healthcare Applications, the Users must be in possession of the Product(s) corresponding to the Healthcare Application(s) they wish to use. Purchasing those Products are the exclusive responsibility of the Users. Products can purchased in pharmacies or via the e-shop by clicking on the Platform’s “Online shop” button or directly on the website at the following address: www.bewell-connect.com.

 

As a Platform user, the Users can access the Healthcare Applications offered and notably, depending on the used Healthcare Applications:

 

  • Access their historic (represented by graphs, lists of results or figures such as pie charts)
  • Set their objectives;
  • Find an healthcare professional and/or a sport shop, food shop, a park etc… ;
  • Share their results;
  • Access to a summary of results with associated colour codes etc…

 

8.1- Access to the historic

 

For each Healthcare Application, Users have an opportunity to access their historic. This access is allowed by default for each Healthcare Application.

 

8.2- Objectives setting-up

 

For each Healthcare Application, Users have an opportunity to set up their objectives by clicking on the upper button of the historic screen, in a designated scroll: “Objectives” by clicking on the pencil-shaped button.

 

8.3- Localization

 

For each Healthcare Application, Users have the opportunity to search for a healthcare professional and notably a doctor, a pharmacy, an hospital or a clinic, instantly and globally, by clicking on the bottom left button of the historic screen of the concerned Healthcare Application or by clicking on the dedicated button in the menu.

 

If the phone’s GPS is not activated, Users’ consents will be asked in order to geo-locate them. If they wish to benefit from this localization functionality, Users will have to give their consent.

 

8.4- Sharing the results

 

For each Healthcare Application, Users have an opportunity to share the results of the data collected by the Products by clicking on the bottom left button of the concerned Healthcare Application’s homepage or by clicking on the “Send and Share” button in the « Send and Share » menu.

 

Those results can be shared via emails with relatives or with a healthcare professional, or on social networks such as Twitter, Facebook or Google +.

 

Users are personally and exclusively responsible for the data sharing on third parties’ websites, and for its consequences. They state that they have a full knowledge of the fact that results shared through these websites are searchable and accessible by third parties.

 

This data sharing method is not secured. Consequently, VISIOMED shall not, in any case, be held responsible for the consequences resulting from data sharing.

 

8.5- Results overview and colour codes

 

Some Healthcare Applications allow an access to an overview of the results associated with the following colour code:

 

  • green : normal result
  • orange : intermediary result (has to be monitored)
  • red : abnormal result

 

The interpretation for this colour code has to be relativised.

 

VISIOMED shall not be held responsible for an error in colour codes.

Article 9: Interruption in the platform and/or the healthcare applications’ activities.

9.1- VISIOMED reserves the right to interrupt in full or in part the Platform and/or Healthcare Application’s exploitations at any time, with or without prior notice, notably so as to ensure their corrective and progressive maintenance or so as to make either the content or the presentation evolve. As far as possible, VISIOMED will inform the Users preliminarily to a corrective or progressive maintenance operation. Moreover, Users recognize that the Platform and/or the Healthcare Applications can be interrupted for reasons independent from VISIOMED’s control and that VISIOMED therefore cannot guarantee a continuous access to the Platform and/or the Healthcare Applications.

 

VISIOMED shall not, in any case, be held responsible for any interruption and/or dysfunction of the Platform and/or Healthcare Applications no matter what caused it.

 

9.2- Users are invited to inform VISIOMED of any technical problem they encountered while using or navigating on the Platform and/or the Healthcare Applications by writing to the following address and describing the encountered problem: support@visiomed-lab.fr.

Article 10: Users’ general commitments – general restrictions for the platform and/or healthcare applications use.

10.1- In general terms, Users commit to integrally respect these GTCU as well as the applicable laws and regulations. Users are generally responsible for the Platform and Healthcare Applications’ use as well as for their consequences.

 

10.2- In the context of the Platform and Healthcare Applications use, Users commit notably to:

 

  • Provide accurate, complete and real data and systematically update it when they evolve;
  • Respect the prerequisite conditions to the Platform and/or Healthcare Applications use;
  • Respect the GTCU;
  • Respect VISIOMED’s brand image and reputation;
  • Not to use the Platform and/or the Healthcare Applications for commercial purposes;
  • Not to access the Platform and/or the Healthcare Applications for any other purpose than personal use;
  • Not to modify or alter all or part of the Platform and/or the Healthcare Applications;
  • Not to restrain by any means the Platform and/or the Healthcare Applications’ use and not to falsify any element or reference of the Platform and/or the Healthcare Applications;
  • Not to broadcast or try to broadcast computer viruses or any other damaging elements through the Platform and/or the Healthcare Applications’ intermediary;
  • Not to penetrate in a computing system, not to alter the content, nor to commit an infraction sanctioned by the Articles 323-1 and 323-7 of the French Penal Code (“hacking”), nor to send numerous unsolicited messages through the Platform and/or the Healthcare Applications (practice prohibited by the Article 226-18 of the French Penal Code);
  • Not to aspire the Platform and/or the Healthcare Applications’ content and their databases, notably through automatized programs;
  • Not to transfer their personal password to a third-party;
  • Not to use the Platform and/or the Healthcare Applications for a purpose contrary to the applicable rules and not to infringe third-parties’ rights (notably relatively to intellectual property and the respect of their private lives);
  • Not to try and abstain from bypassing, deactivating or disrupting in any manner any function of the Platform and/or the Healthcare Applications that is linked to security, to prevention or restrain of the use or copy of the content, or to the limitation of the use or accessible content of the services offered through the Platform and/or the Healthcare Applications;
  • Not to distribute all or part of the Platform and/or the Healthcare Applications and notably their content through any other support without VISIOMED’s prior written content;
  • More generally not to harm VISIOMED.

 

10.3- VISIOMED reserves the ability to delete a User’s Profile and/or his access to the Platform without prior notice and without prejudice of any other right and/or action available to VISIOMED considering the inappropriate use of the Platform and/or the Healthcare Applications by the User.

Article 11: Users’ responsibility

11.1- Users are exclusively responsible from their choice to use the Platform and/or the Healthcare Applications and from this use’s adequacy with their needs. They are also responsible for the securitisation of their computing network and for their data saving.
Moreover, they are personally liable for the use of the Products, of the Platform and/or of the Healthcare Applications and/or of the provided information, notably when Profiles are created.

 

11.2- Users will guarantee and indemnify VISIOMED against any damage it could suffer and/or against any action in responsibility engaged against it on the grounds of a violation of these GTCU and/or any third-party’s right. In the case of a characterized fraud, VISIOMED will be able to communicate all the information necessary to the institutions that have jurisdiction for these frauds and infraction punishment.

 

11.3- If Users fail to comply with a those GTCU’s provisions, in particular the commitments mentioned in the above Article 10, VISIOMED reserves the right to suspend or terminate the User’s Account and/or Profile without prior notice as stated in the Article 14 of those GTCU. The termination will happen without prejudice of any damages VISIOMED could claim so as to compensate the loss it suffered because of the Users’ violation.

Article 12: Visiomed’s responsibility – guarantees provided by visiomed

12.1- Responsibility

 

12.1.1- The use of the Platform and/or the Healthcare Applications are the Users’ risk.

 

12.1.2- The Platform and/or the Healthcare Applications only aim to allow the access to data collected by the Products and to set-up objectives. In the framework of these GTCU, it is expressively understood that VISIOMED does not intervene as a doctor. Therefore, VISIOMED is not bound by any duty of care towards the Users’ medical conditions.

 

VISIOMED cannot be held responsible for any damage suffered by the Users in the context of an abnormal use of the Platform, the Healthcare Applications and/or the Products, notably if the User violated these GTCU and/or misused the Products and/or provided inaccurate or false information.

 

12.1.3- VISIOMED cannot be held responsible for any direct or indirect damage, loss or fees resulting from the use of the Platform and/or the Healthcare Applications, nor from the impossibility to use them, nor from a dysfunction, an interruption caused by maintenance, by computer server’s technical failure, by an interruption in the access to the Internet network, or caused by any other event such as computer viruses, lines or systems failures.

 

VISIOMED shall not be held responsible from any damage caused to the Users’ computer systems, from any loss of data nor from any other damage resulting from the access or the use of the Platform and/or the Healthcare Applications by Users.

 

Moreover, VISIOMED cannot be held liable by Users, as far as the French applicable law allows it, of:

 

– Any indirect damage that could be suffered by them, including any losses of profit (either direct or indirect), any losses of clientele or commercial reputation, or any losses of data;

– Any loss or damages they could suffer as a result of:

 

  • The trust granted to the exhaustiveness and accuracy of the information provided through the different Healthcare Applications;
  • Any change VISIOMED could make relatively to the Healthcare Applications or to the Platform. In general terms, any permanent or temporary withdrawal in the offer of Healthcare Applications;
  • Their relation with professionals or other third parties whose contacts have been obtained through the Platform and/or the Healthcare Applications (such as doctors, pharmacists etc.…);
  • The Users’ failure to provide precise information about them on their Profiles;
  • Generally, the access, the use or the impossibility to access or use the Healthcare Applications or the Platform;
  • Users’ failure to securely and confidentially conserve a password or the information communicated in the context of their registrations;

 

12.2 Guarantees

 

USERS UNDERSTAND AND ACCEPT THAT:
THE PLATFORM AND THE HEALTHCARE APPLICATIONS ARE PROVIDED “AS IS”. MOREOVER, VISIOMED CANNOT GUARANTEE THE CONSEQUENCES OF THE PLATFORM’S AND/OR THE HEALTHCARE APPLICATIONS’ USE NOR CAN IT GUARANTEE THE SERVICES PROVIDED BY THIRD-PARTIES WHOSE CONTACT INFORMATION HAS BEEN OBTAINED BY THE USERS;

 

IN PARTICULAR, VISIOMED DOES NOT GUARANTEE :

 

  • THAT THE PLATFORM AND/OR THE HEALTHCARE APPLICATIONS WILL MATCH THE USERS’ DEMANDS;
  • THAT THE PLATFORM AND/OR THE HEALTHCARE APPLICATIONS WILL CONTINUOUSLY FUNCTION IN A SECURISED WAY OR WITHOUT OPERATIONAL ERRORS;
  • THAT ALL SERVICES’ QUALITY, NOTABLY THE RESULTS OBTAINED VIA THE PLATFORM AND/OR THE HEALTHCARE APPLICATIONS WILL MATCH THE USERS’ EXPECTATIONS;
  • THAT THE RESULTS OF THE DATA COLLECTED BY THE PRODUCTS ARE COMPLETE, EXHAUSTIVE, ACCURATE TRUE AND RELIABLE.

 

ALL INFORMATION OR ADVICE PROVIDED BY VISIOMED IN THE CONTEXT OF THE PLATFORM’S AND/OR THE HEALTHCARE APPLICATIONS’ AND/OR PRODUCTS’ USE SHALL NOT BE CONSIDERED AS GUARANTEED.

Article 13: Personal data and Retention Period Policy

13.1 – Personal data

In accordance with the modified law n°78-17 of January, 6th 1978 relative to computing science, data files and fundamental rights called “computing science and fundamental rights”, the Users are informed that VISIOMED proceeds to an automatic treatment of their personal data so as to ensure the use of the Healthcare Applications.

 

Users have a right to access, communicate, modify and rectify data that concern them, as well as an opposition right for legitimate motives. Thus, they will have to send an email to the support service at the following email address: contact@visiomed-lab.fr or at the following postal address: VISIOMED GROUP: 112 avenue Kléber, 75116 Paris. Yet, concerning the update and modification of data relative to their Profiles, Users directly proceed via their Profiles to the adequate suppressions and modifications.

 

The personal data collected is hosted securely, by a hosting provider accredited by the French health ministry, in accordance with the provisions of article L1111-8 of the French Public Health Code, that is: ORANGE BUSINESS SERVICES.

 

For more details, Users are invited to consult the « Confidentiality Policy » item.

 

13.2 – Data Retention Period Policy

VISIOMED commits to keep the User’s  data in the “history” section for a period not exceeding five (05) years and to delete all of the user’s data in case of deletion of the account and / or the profile.

Article 14: Cancelling subscriptions and accounts deactivation – gtcu termination

14.1- Cancelling subscriptions and Accounts deactivation

 

14.1.1- The Subscription to the Platform by the Users does not have a time limit.

 

Accounts and Profiles therefore stay active as long as Users are registered.

 

Users keep a right to interrupt, at any time, their subscription without proper motive and/or to delete their Accounts and/or Profiles by sending an email at: support@visiomed-lab.fr.

 

The cancellation of the subscription and/or the suppression of an Account and/or Profile are permanent. Accounts and/or Profiles are deleted through an irreversible process and personal data linked to this Profile will be automatically and permanently deleted.

 

The cancellation of the subscription and/or the suppression of an Account does not prevent Users from registering again and creating a new Profile.

 

14.1.2 Moreover, VISIOMED reserves the right to cancel the registration and/or deactivate the Account and/or Profile of a User who has not been connected to the Platform for a time period of at least one (1) year. In this case, an email will be sent to the User so as to warn him of this suppression. VISIOMED shall never be held liable of the consequences resulting from this cancellation and/or deactivation.

 

14.2- GTCU Termination

 

14.2.1- These GTCU are valid and apply as long as Users are registered on the Platform.

 

14.1- Cancelling subscriptions and Accounts deactivation

 

14.1.1- The Subscription to the Platform by the Users does not have a time limit.

 

Accounts and Profiles therefore stay active as long as Users are registered.

 

Users keep a right to interrupt, at any time, their subscription without proper motive and/or to delete their Accounts and/or Profiles by sending an email at: support@visiomed-lab.fr.

 

The cancellation of the subscription and/or the suppression of an Account and/or Profile are permanent. Accounts and/or Profiles are deleted through an irreversible process and personal data linked to this Profile will be automatically and permanently deleted.

 

The cancellation of the subscription and/or the suppression of an Account does not prevent Users from registering again and creating a new Profile.

 

14.1.2 Moreover, VISIOMED reserves the right to cancel the registration and/or deactivate the Account and/or Profile of a User who has not been connected to the Platform for a time period of at least one (1) year. In this case, an email will be sent to the User so as to warn him of this suppression. VISIOMED shall never be held liable of the consequences resulting from this cancellation and/or deactivation.

 

14.2- GTCU Termination

 

14.2.1- These GTCU are valid and apply as long as Users are registered on the Platform.

 

14.2.2- Users can disengage themselves from these GTCU either (i) by informing VISIOMED at any time by notification, either (ii) by cancelling their subscription in the conditions abovementioned by the Article 14.1. The notification must be sent to VISIOMED into writing at the abovementioned address.

 

14.2.3- VISIOMED can, at any time, terminate these GTCU that link it to the Users, without notice, in the following situations:

 

  • Users do not respect the terms of these GTCU;
  • VISIOMED is forced by the law or regulation to do so.

 

This termination will have concrete effects when Users’ Profiles are deactivated by VISIOMED. This will generate the same effects than those provided by the Article

 

14.1.1. VISIOMED also reserves the right to temporarily block any access to the Platform and/or the Healthcare Applications for the Users who violated these GTCU.

 

Users can disengage themselves from these GTCU either (i) by informing VISIOMED at any time by notification, either (ii) by cancelling their subscription in the conditions abovementioned by the Article 14.1. The notification must be sent to VISIOMED into writing at the abovementioned address.

 

14.2.3- VISIOMED can, at any time, terminate these GTCU that link it to the Users, without notice, in the following situations:

 

  • Users do not respect the terms of these GTCU;
  • VISIOMED is forced by the law or regulation to do so.

 

This termination will have concrete effects when Users’ Profiles are deactivated by VISIOMED. This will generate the same effects than those provided by the Article

 

14.1.1. VISIOMED also reserves the right to temporarily block any access to the Platform and/or the Healthcare Applications for the Users who violated these GTCU.

Article 15: Intellectual property

15.1- Some elements (notably texts, pictures, studies and videos) appearing on the Platform and/or the Healthcare Applications are protected by specific laws relative to Intellectual Property, in particular to copyrights and are VISIOMED’s exclusive property.

 

Similarly, trademarks, logos, graphs and animations withheld on the Platform and/or the Healthcare Applications are VISIOMED’s exclusive intellectual property.

 

15.2- VISIOMED grants, on a personal level, to Users a non-exclusive and non-transferable right to use the Platform and/or the Healthcare Applications and any other associated software without any charges. Yet, they are forbidden to copy, modify, create a derivative work, inverse the conception or the assemblage –directly or indirectly- as well as trying to obtain the source code (except when this faculty is granted by the law), sell, assign, sublicense or transfer any right relative to the Platform and/or the Healthcare Applications and any other associated software, whatever which means are employed to this effect.

 

Users commit not to modify the Platform, Healthcare Applications or the relative software and/or not to use modified versions of those notably (but this list is not limitative) so as to obtain an unauthorized access to the Platform and/or the Healthcare Applications. In particular, Users commit to only access the Healthcare Applications through the Platform.

 

Users are informed and recognize that the Platform, the Healthcare Applications and any relative software are likely to contain confidential information or to be protected by Intellectual Property applicable law or any other law. Users commit not to modify, rent, borrow, sell or distribute this content or to create derivative work containing all or part of this content unless they have previously received VISIOMED’s express authorization.

 

The Platform and the Healthcare Applications contain texts and pictures that are VISIOMED’s exclusive property (hereafter “Intellectual Property Elements”). The Intellectual Property Elements are freely put at the User’s disposal only for the use of the Platform and the Healthcare Applications and in the context of a normal use of their functionalities.

 

This use authorization of the Intellectual Property Elements is personal, non-exclusive and non-transferrable. VISIOMED can revoke, at any time, this use authorization for its Intellectual Property Elements.

 

It is forbidden to the Users to copy, modify, create a derivative work, inverse the conception or the assemblage –directly or indirectly- or in any other manner, to try finding the source code (except when this faculty is granted by the law), sell, assign, sublicense or transfer in any manner or whatsoever any right relative to the Intellectual Property Elements. The User commits not to modify in any way the Intellectual Property Elements.

 

In the case of a non-conform or abusive use of the Intellectual Property Elements, VISIOMED reserves any action or legal option to make the violation of its Intellectual Property rights stop and to cancel the subscription and/or deactivate the Profiles of the concerned Users in accordance with the stipulations of the abovementioned article 14.1.

Article 16: Divers

16.1- These GTCU constitute the whole agreement between VISIOMED and the Users as regards the use of Healthcare Applications and more generally the use of the Platform.

 

These GTCU aim to rule the whole use made of the Platform and/or the Healthcare Applications by the Users, unless some specific or complementary Particular Terms and Conditions of Use regulate the concerned Healthcare Application. If this is the case, Users will have to give their express consent to these particular terms and conditions.

 

16.2- Generally, if one or more of the GTCU’s stipulations are considered or declared voidable by a legislative or regulatory disposition or by a definitive Court decision, the other stipulations will remain valid and enforceable. Same principles will apply if those dispositions are incomplete.

 

16.3- If VISIOMED shall fail to ask at a given time for the application of any of these stipulations at a given time, this lack of reaction shall not be interpreted as a permanent renunciation to these GTCU’s conditions.

Article 17: Applicable law

French law governs the use and exploitation of the Platform and the Healthcare Applications. French law must also govern the validity, the enforcement and the interpretation of these GTCU applicable to the Platform and/ or to the Healthcare Applications.

Dernière mise à jour le 16/03/2018