GENERAL CONDITIONS OF SERVICES, USE AND SALE OF COLNEC HEALTH APPLICATIONS AND SERVICES (CGSUV)
I. GENERAL PROVISIONS
The present General Conditions of Services, Use and Sale (CGSUV) are intended to define the rights and obligations of any user of Colnec health applications.
For the purposes of these CGSUV, terms beginning with a capital letter are defined as follows:Company: Colnec health, which publishes and operates the Applications and Web Platform and provides Services to Users and Healthcare Professionals;
Application: any website or mobile application published and operated by the Company and subject of these CGSUV; Personal Health File: the www.care.colnec.com website or the mobile application published and operated by the Company and providing access to the Personal Health Record Service;
“User Account”: Private and secure personal area giving access to the Personal Health Record allowing the User to exchange online with Doctors within a secure environment;
Web platform: the platform proposed by the Company as defined in section 3: Description of the Web Platform;
“Benefit”: any answer to a question within the framework of the personalized service;
“Health Professional” or “Practitioner” or “Physician”: health professionals or physicians involved for any reason whatsoever in the context of the Applications or Services offered by the Company and which are the subject of these CGSUV;
Services: all the services offered / made available by the Company via the Android, iOS and web platform applications;
Services Reserved for Registered Members: Personal Health File Service, Personalized Service, offered by the Company through the Android, iOS and web platform applications;
“Patient”, “User”, “You” means any natural person who accesses an Application and benefits from the Services for strictly private use.
ENTRY INTO FORCE AND DURATION
The use of an Application of the Company and its Services is conditioned by the full, complete and express acceptance by the User of:
- These General Conditions of Services, Use and Sale (CGSUV)
- and for the Applications and Services concerned the active and voluntary manifestation of the User’s consent, as described in the preamble to the first use of the service under:
– the collection and processing of his personal data, including health data, after being duly informed of his rights;
– sharing personal health data with the attending physician and / or the health care team.
Any User of the Services undertakes to comply unconditionally and in full with the terms of these CGSUV as described below.
By accessing an Application and benefiting from the Services, the User acknowledges having read and understood the entirety of the present CGSUV, and accept them without restriction or reservation. If the User does not accept these conditions, he cannot access an Application and benefit from the Services.
Acceptance of the present CGSUV is carried out by a compliant device of online acceptance.
As part of the access to the service, the user is presumed to know and accept, without reservation, all the CGSUV by the mere fact of its connection to the Application, regardless of the digital reception terminals used. The User is invited not to connect to the Site or use mobile applications if he does not accept all or part of the CGSUV.
The CGSUV remain in force with respect to the User for the duration of the contractual relationship with the Company: the cessation of the registration takes effect either on the day of the request of cancellation by the User, or on the day of the termination of its registration by the Company, under the conditions described in these CGSUV.
In general, the User acknowledges that the expression of his consent is materialized by the activation of checkbox (es) associated with an agreement of proof defined in these GCSUV.
The present CGSUV and the consent for the collection and processing of health data of the User form the entire contractual relationship between the User and the Company.
In the event that a particular contractual clause is null, illegal, or inapplicable, the validity of the other provisions of the CGSUV would not be affected in any way.
No waiver of any of the provisions of these CGSUV can be considered as a definitive waiver of this provision or other provisions of these CGSUV.
AMENDMENT OF CGSUV AND SERVICES
Given the possible evolution of any Application, Services and Regulations, the Company reserves the right to modify these CGSUV at any time without notice or information, and without prejudice.
The Company also reserves the right to change any Application and the Services. Technical changes may be made without notice by the Company.
The User is thus invited to consult regularly and, ideally before each use of an Application and the Services, the latest version of the CGSUV.
The User is expressly informed that the version in force is the one that is put online as part of the Applications, on the date of its access to any of the Services, which the User recognizes and accepts without restriction, agreeing to refer to it systematically during each connection.
The new CGSUV will, if necessary, be brought to the attention of the User and subject to its acceptance at the time of a request for implementation of the Services and will be applicable after the modification.
The Company reserves the right to modify, interrupt, at any time, temporarily or permanently all or part of the Services without prior information from Users and without entitlement to compensation.
GENERAL DESCRIPTION OF THE SERVICE
The COLNEC Service is a web and mobile platform that allows doctors and their patients to define a personalized care plan that can be monitored in real time via the platform, which also has instant collaboration mechanisms.
The objective of the platform, centered on the patient, is thus to improve the follow-up of patients requiring medical support over time.
The COLNEC solution is a clinical, behavioral and contextual data management system, as well as interactions and real-time collaboration between healthcare professionals, patients and their relatives. It is patient centered.
OPERATION OF THE COLNEC SERVICE
The detailed operation of the Colnec health service is defined in the user manual available on request or in free access for the holders of a user account.
I. DESCRIPTION OF RESERVED RESIDENTIAL SERVICES
CONDITIONS OF ACCESS AND USE
Creation of a Customer Area
Any use of the Service necessarily requires the creation of a User Account.
The User creates his User Account by filling in the form that is offered to him for his identification data on Personal Health Record accessible from any computer support connected to the Internet. When creating a User Account, the User enters the data that allows his identification under his full responsibilities, his controls and directions thus undertaking to provide complete, accurate and up-to-date information, and not to impersonate a third, or to hide or change his age.
Due to the sensitive nature of the data contained in the User Account it is the subject of a strong identification procedure with two factors both in the creation and the successive connections.
The creation of the User Account of the User is done as follows:
- choose a valid email address, and unique, ie not already registered in the system on behalf of another user,
- choose a password of your choice which must comply with the following rule:
have at least 8 characters of at least 4 different types (lowercase, uppercase, numeral, special character),
- fill in a mobile phone number to which SMS messages will be sent,
- fill in his surname, first name, sex and date of birth.
It is up to the User to enter a valid e-mail address and telephone number for the purpose of allowing him to access his User Account and benefit from the Service. The Company declines any responsibility in the event of an error in the User’s entry of his / her details making it impossible to send an electronic message or SMS.
Once the creation of his User Account has been finalized, the User wishing to access it will authenticate via his username and password.
The User is solely responsible for the use he makes of his authentification elements.
Authentification of the User by means of his authentification elements, implemented as part of his access to his User Account, is irrefutably valid for the User’s account of the operations performed by means of his authentification elements, under the conditions defined in the article “Agreement of proof” of these CGSUV.
In accordance with the recommendations of the CNIL, a technical device encourages the User to periodically change the password every 12 months.
In case of loss or theft of the password and / or the user code, the User agrees to inform the Company without delay by any written means of his choice.
The opposition notified by the User in case of loss or theft of his password and / or his user code will take effect immediately from this notification.
The current identification elements will be deactivated by the Company as soon as possible and the Company will offer the User the possibility to repeat the procedures for creating passwords and user codes for the Classic Identification and the Strong Authentification.
In addition, the User may, at any time, change his password and phone number, especially if he suspects an unauthorized third party use of its authentification elements.
The User agrees, in general, to take all necessary measures to ensure the complete confidentiality of its authentification elements and undertakes not to communicate, assign or make available to a third party.
The Service proposed by the Company is not an emergency service. Accordingly, in an emergency situation, the User must not use the Service and must contact the emergency services located near him or call 15 or 112.
Information on Health Professionals
The information is provided by the Health Professionals: they are not verified or validated by the Company and are under the sole responsibility of the Health Professional.
Respect for the code of ethics on the Internet
The information provided by Health Professionals aims to improve the information of the User. Each Health Professional is committed to strictly abide by the rules published or advised by the Order and the associations on which it depends, constituting the ethical rules relating to the use of the Internet for its profession.
The price of the Service is indicated in euros (€) inclusive of all taxes and takes into account the value added tax (VAT) in force on the day of the validation of the payment by the User, materialized by its online payment.
This price does not include the costs, remaining the responsibility of the User, relating to telephone or electronic communications required for subscription and access to the Service.
Caution: the User is informed that he must hold the credit card used for the payment of the remote service or duly authorized to use it to pay for the service.
It guarantees the Company that it satisfies all the conditions of access, use and sale and that the bank account associated with the payment method used within the platform to pay the remote service is sufficiently supplied for meet its payment obligation.
The User receives by e-mail a confirmation of payment of the Service Access Service containing a link to the CGSUV that can be downloaded and printed.
The invoice relating to the payment validated by the User can be consulted, downloaded and printed at any time by the User within his User Account.
The User may at any time, during the process of issuing and paying for the Service, download and print the GSCUS applicable on the day of payment.
The settlement occurs before and conditions the delivery of the Service. Only the full rules allow access to the paid service.
Proof of payment
The online supply of the credit card number and the final validation of the payment of the Service are proof of the subscription by the User to the Service in accordance with the provisions of articles 1366 and following of the Civil Code and will be worthy of the sums committed for the provision of the Service. .
This validation stands for signature and express acceptance of banking transactions carried out within the framework of the Platform. However, in case of fraudulent use of his credit card, the User is invited, upon the finding of this use, to contact the Company by sending an email to email@example.com or by calling +33 (0) 805 037 157
The computerized records kept in the Company’s computer systems under reasonable security conditions will be considered as proof of the payments made between the User and the Company, in accordance with Articles 1366 et seq. Of the Civil Code.
Right to retract
The User is informed that the right of withdrawal is not applicable to the Customized Service because of its purpose and its terms of delivery, in accordance with the regulations in force.
The User agrees to receive his invoice by dematerialized way. It is searchable and printable from the User Account of the User.
In general, the security of any Application requires Users:
- to respect the security instructions and in particular the rules relating to the definition and the change of its authentification elements in certain Services;
- to respect the access management, in particular, not to use the authentification elements of another User, nor to seek to know this information;
- to keep strictly confidential its authentification elements and not to disclose them to third parties, and, in general, to any third party regardless of his professional qualities and activities;
- to warn the Company of any technical malfunction and any anomalies discovered, such as intrusions.
In particular, it is the User’s responsibility to take all appropriate measures to protect his own data and materials from contamination by viruses or other forms of attack that may be circulating through the Applications.
Users are informed that technical interventions within the Applications are carried out in compliance with the provisions of Law 78-17 of 6 January 1978 on files, computer and freedoms amended.
Users ecognize the existence of risks inherent in the use of telecommunications, including even in the presence of secure access as it is implemented in the context of certain Services, and particularly in terms of:
- lack of reliability of the Internet network, particularly in the transmission of data where appropriate;
- unsecured continuity in access to an Application and Services;
- unsecured performance in terms of volume and speed of data transmission, if any, and the spread of viruses;
- any other technical constraints that are not under the control and responsibility of the Company and its partners, as the case may be.
The User is warned about the need to implement within his computer or mobile equipment a solution and security measures to prevent the spread of viruses.
III. RULES OF GOOD CONDUCT RELATING TO THE USE OF AN APPLICATION
Access to the Services offered by the Company implies that the User agrees to respect a charter of good conduct. Use of the Services is subject to acceptance and strict compliance with the rules below.
The user agrees to:
- to keep confidential authentification elements in order to protect the personal data it provides;
- use the Services only for personal purposes: the Services can in no way be used for commercial or profit-making purposes, and in particular cannot be used to collect commercial information;
- not to access and use any Application or Services provided by the Company for any unlawful purpose or for the purpose of causing damage to the reputation and image of the Company or, more generally, to the infringement of rights, including property rights Intellectual Property, Society and Health Professionals;
- not to use any devices or software other than those provided by the Company for the purpose of affecting or attempting to affect the proper functioning of the Sites or the Services or to extract or modify all or part of the Sites ;
- not to copy all or part of the content contained within an Application on any medium whatsoever without written authorization from the Company;
- in general, access and use any Application and the Services in good faith, in a reasonable manner, not contrary to the terms of this Policy and for strictly personal and non-profit use.
Within the Application, a secured instant messaging is provide to the Users.
The user :
- undertakes not to broadcast any comments, opinions or information of a defamatory, obscene, violent, racist nature and more generally contravening the French texts in force, the rights of persons and morality;
- undertakes to always adopt an appropriate and respectful conduct towards other Users;
- undertakes that all the elements published in the context of an Application shall be written under its sole responsibility and confirms that it has all the rights enabling it to disseminate them.
IV. PERSONAL DATA
In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to Information Technology, Files and Freedoms, the User is informed that the processing of personal data implemented under the management of the COLNEC Portal integrating the various Services and Applications of the Company, accessible from the COLNEC portal, complies with the 2016/679 regulation on the protection of personal data.
Each Health Professional who is the recipient of personal information in the context of the Services undertakes to guarantee their confidentiality in the context of their professional practice and in respect of professional secrecy.
The personal data of the User transmitted through the Application include his administrative data and his health data intended to allow the Health Professionals, on specific authorization on his part, to render the Service.
Users have been informed, before the use of the Services, by the acceptance of the consent of the Applications and Services for the collection and processing of health data of the methods of implementation of a personal data processing concerning them and the rights they have in this respect. Any User consents to the collection and processing of his personal health data, including data subject to the provisions of Article L. 1111-8 of the Public Health Code, prior to the use of the Services.
The attention of the User is drawn to the sensitivity of his health data, covered in addition to the medical confidentiality imposed on Practitioners and whose use by malicious people is potentially likely to be harmful.
Enhanced security measures are therefore put in place to allow the collection and processing of personal data (including its administrative and health data) under the conditions guaranteeing their confidentiality, integrity and, more generally, their security in compliance with the provisions of Law 78-17 of 6 January 1978 relating to Information Technology, Files and Freedoms, as amended, as well as the applicable legal provisions.
Users are informed that their data produced in the context of the Applications are hosted by a certified hosting provider within the meaning of Article L. 1111-8 of the Public Health Code and that as such they have a right to object for legitimate reason to the hosting of the personal data concerning them that they can exert near the controller or the doctor of the approved hosting of health data.
Users are informed that their personal data collected and processed as part of an Application are necessary for the use and realization of the Services. Otherwise, they will not be able to access and benefit from the Services.
Users are informed that their personal data will be the subject of a final archiving measure of 20 years in accordance with the recommendations of the National Council of the Order of Physicians to liberal professionals. After archiving, only non-identifying statistical data is retained.
The personal data relating to the Users are strictly intended for:
- the Patient himself;
- where applicable, to Health Professionals, specifically authorized and in compliance with the rules on medical confidentiality
- Company personnel, specifically authorized, in strict compliance with their duties;
- to the staff of the specifically authorized technical service providers, in strict respect of their missions;
- strictly authorized administrators of the approved host of health data, within the meaning of article L.1111-8 of the Public Health Code, within the limits of their respective duties;
- persons authorized by authorized third parties (the courts concerned, arbitrators, mediators, relevant ministries, etc.).
The Company guarantees that the User’s personal data will not be transmitted to any unauthorized third party without his / her consent.
- Navigation cookies that allow the customization of the User’s consultation of the Application and the acceleration of the Application’s layout.
- Audience cookies to establish the audience statistics of any Application, frequency of visits, hours of connections.
As such, and for audience measurement cookies, which are not exclusively intended to allow or facilitate navigation and which are not strictly necessary for the provision of content and features, at the express request of the User, an information banner is displayed when connecting the User to the Applications in order to inform him before the deposit of these cookies:
- precise purposes of the cookies used;
- the possibility to oppose the deposit of cookies and to change the parameters (by an internal setting, an opposition to the tracing, or a setting of the browser);
- the fact that the continuation of the navigation stands for the deposit of cookies on the terminal of the User.
The deposit of cookies made in the context of the use of an Application does not identify the User personally but it records the information relating to the navigation of its terminal within the platform that the Company may read during the subsequent visits by the User within the Application.
The shelf life of these cookies in the User’s computer does not exceed one (1) month. The User is however informed that he has the option to oppose the registration of these cookies including by configuring his browser to do so. Each browser being different the User is invited to consult the help of his browser to configure it as he wishes.
The information collected is for the exclusive use of the Company, and is in no way transferred to third parties.
V. OBLIGATIONS AND RESPONSIBILITY OF THE COMPANY
CONFIDENTIAL MEDICAL INFORMATION
The Company and the Healthcare Professionals guarantee that they have deployed security measures in compliance with the legal and regulatory requirements in force for the purpose of ensuring the protection of the personal health data that will be transmitted by the User to Healthcare Professionals through Services, if any.
As such, the Company guarantees to the User that access to the Applications is governed by strong authentification means, ie:
- a valid email address, and unique, ie not already registered in the system on behalf of another user;
- a password of his choice which must comply with the following rule: include at least 8 characters of at least 4 different types (lowercase, uppercase, numeral, special character).
The User is informed that all the technical interventions made in the context of the Applications will be carried out in compliance with the provisions of the Data Protection Act and with all the provisions of the Code of Public Health, and more particularly the provisions related to the protection of medical confidentiality and the sharing of medical confidentiality data, where appropriate.
RESPONSIBILITY OF THE COMPANY
The Company undertakes to implement the Services in compliance with the applicable legal provisions, and in particular with the provisions of the Code of Public Health and the Code of Ethics of Physicians.
The Company is solely liable for direct and foreseeable damage related to the use of the Sites.
The Company cannot be held responsible for damages resulting from viruses in any form, bug (s), or any program or application that would be incompatible with the infrastructure used by the User, or damage suffered by the User due to a breakdown, interruption, maintenance, technical problem, interruption of the telephone network or telecommunications networks, overload, lack of continuity of the telecommunications networks and in particular the Internet, omission, negligence or lack of third party or User or incompatibility of the configuration of the computer of the User.
The Company cannot be held liable for indirect damages caused to the User.
In particular, the Company is not liable for damages resulting from:
- the transmission by the User to third parties of any information concerning his state of health and especially opinions, medical advice rendered by the Practitioners;
- the disclosure by the User to third parties of his username and / or password;
- the User’s use of the passwords and code of another user;
- the transmission by the User to the Practitioner (s) of incomplete, erroneous, truncated or incomplete information or medical documents or the lack of transmission by the User of medical documents that are useful and / or necessary for the supply of the medical device
- opinions, medical advice issued by the Practitioner (s), the last (s) last (s) being (are) only responsible (s) towards the User of the Service provided.
Finally, the Company shall not be held liable for any non-performance or delay in the performance of the Services, caused by events beyond its control that could not be reasonably foreseen and the effects of which cannot be avoided by appropriate measures, and preventing the performance of its obligations within the meaning of the legal definition contained in article 1218 of the Civil Code (“Case of Force Majeure”).
The execution of these GCSUV will be suspended as long as the case of Force Majeure lasts, unless the resulting delay justifies the termination of the registration of the User, and the Company will endeavor as far as possible to stop the Force Majeure or to find a solution allowing it to fulfill its contractual obligations in the case of Force Majeure.
If the impediment is final, the registration of the User will be terminated.
OBLIGATIONS AND RESPONSIBILITY OF THE USER
Users undertake to use the Applications:
- in compliance with the laws, regulations and rights of third parties, including intellectual property rights and the right to image;
- Loyally and in accordance with its purpose.
It is the user’s duty:
- to keep their authentification elements strictly confidential and not to disclose them to third parties, and, in general, to any third party regardless of his professional qualities and activities;
- to respect access management, in particular, not to use the authentification elements of another user, nor to seek to know this information;
- to warn the Company of any technical malfunction and any anomalies discovered, such as intrusions;
- to give all useful, necessary, complete and accurate information on their state of health to enable the Physician (s) to deliver the personalized service, on this basis, on specific authorization from them;
- to use the Applications and their Services in compliance with the legal and regulatory provisions in force as well as in compliance with the provisions of these CGSUV.
The Company cannot be held liable in the context of a procedure brought against the User who is guilty of a non-compliant use of the Applications and / or Services they provide.
The User acknowledges and accepts in this respect that he will make his personal case for any claim or procedure brought against the Company, because of the non-conforming use by him of the Services and / or the Applications.
The User remains fully and personally responsible for the use of the Services and the Platform under common law conditions.
VI. OBLIGATIONS AND RESPONSIBILITY OF HEALTH PROFESSIONALS
ETHICS AND OBLIGATIONS OF HEALTH PROFESSIONALS
Health Professionals undertake in the framework of the implementation of the Services of the Platform to respect the entirety of the ethical rules presiding over the exercise of their profession as defined in the Code of Ethics and interpreted by the National Council of the Order of Doctors.
In this respect, the Doctors undertake in particular to respect:
- the information obligations they owe to each of the Users who interrogate them pursuant to Articles L.1111-2, L.1111-3 et seq. And L.1111-4 of the French Public Health Code;
- the absolute confidentiality of the health and privacy information of the Users benefiting from the Services, which he has been informed about in the context of the Services rendered via the Applications, and this in accordance with his legal, regulatory and ethical obligations such as they result from Articles L 1110-4 and L.1110-12 of the Public Health Code, 226-13 of the Penal Code and the Code of Ethics.
Similarly, the access of Health Professionals to the Personal Health Record and to the User’s health data, with specific authorization on their part, for the implementation of the Service, is subject to the respect by the Health Professionals of a strong authentification procedure, ie:
- a valid and unique email address, ie not already registered in the system on behalf of another user,
- a password of his choice which must comply with the following rule: include at least 8 characters of at least 4 different types (lowercase, uppercase, numeral, special character).
RESPONSIBILITY OF HEALTH PROFESSIONALS
Each Health Professional is fully and exclusively responsible for the Service provided to a User and in particular advice issued in this context to the User, in accordance with the legal, regulatory and ethical requirements governing the exercise of his professional activity.
Notwithstanding the aforementioned and to the extent that the medical advice provided by the physician as part of the personalized service is not based on any prior physical medical examination of the user but on the only medical information and documents to which the patient may have been given access through his personal health record, the responsibility of the practitioner can in no case be engaged in the event that medical advice issued by the latter would be erroneous or unsuitable due to the transmission by the user of incomplete, insufficient or erroneous data.
The user is solely responsible for the accuracy, consistency and completeness of the data and medical documents to which he can give specific access to the doctor as part of the personalized service.
Under no circumstances will the medical practitioner be able to verify the accuracy and completeness of the data entered by the user.
VII. INTELLECTUAL PROPERTY
Any use, reproduction, copying, distribution of one or more elements of the Applications for a use other than private use is forbidden.
All Services, including but not limited to the domain name, texts, graphic design, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the design and organization of its headings, their titles, existing or future, is protected by intellectual property rights, owned or claimed by the Company, with the authorization of the holders of these rights.
The Services are exclusively intended for the personal information and use of the User who has a private, non-collective and non-exclusive right of use.
Except with the express and prior authorization of the Company, as far as it is concerned and under its own and exclusive responsibility, all reproductions, representations and uses by the User other than those referred to above, and in particular:
- any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication, free of charge or onerous, of all or part of the works, performances, and all elements protected or susceptible to protection by intellectual property rights reproduced within the Platform;
- any link, access, modification, addition or deletion relating to the online publishing automated processing system and modifying the publication conditions or the editorial policy.
Any failure of the User to these obligations would constitute an infringement punishable by articles L. 335-2 and following of the Code of the intellectual property.
In accordance with the provisions of Law No. 98-536 of 1 July 1998 transposing Directive 96/9 EC of 11 March 1996 on the protection of databases into the Intellectual Property Code, the Company is a producer and owner of all or part of the databases, their structure and their contents, composing the Applications.
By accessing the Applications, the User acknowledges that the data constituting them is legally protected, and, in accordance with the provisions of the aforementioned Act of 1 July 1998, it is forbidden for him, in particular, to extract, reuse, store, reproduce, display or preserve , directly or indirectly, on any support, by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the contents of the databases appearing within the Platform to which it accedes, as well as to perform the repeated or systematic extraction or reuse of qualitatively and quantitatively insubstantial parts, where these operations clearly exceed the conditions of normal use.
BRANDS, DISTINCTIVE SIGNS AND LOGOS
The following brands are the property of Mr. Yves MBODA, CEO of the Company:
- COLNEC HEALTH ENABLING CONTINUITY OF CARE n ° INPI 4429863 filing of 19/02/2018
- COLNEC n ° INPI 4364030 deposit of 25/05/2017
Except with the express and prior authorization of Mr. Yves MBODA, any reproduction (total or partial) and use of these marks, figurative or not, exposes the User to legal proceedings.
Other brands mentioned are the property of their respective owners.
The User acknowledges and accepts, after his authentification within the User Account, the acceptance of the CGSUV, the acceptance of the information leaflet and the consent for the collection and processing of his personal data as well as any express authorization of a Physician in charge of issuing the Personalized Service to consult the medical documents and information contained in the Patient’s Personal Health Record, constitute an electronic signature within the meaning of the provisions of articles 1366 and following of the Civil Code and Articles 1111-25 et seq. of the Public Health Code, and expresses his consent by characterizing his evidence.
In accordance with the provisions of articles 1366 et seq. Of the Civil Code and articles 1111-25 et seq. Of the French Public Health Code, the computerized registers kept in the electronic file processing servers of the Company and its authorized hosting provider health data, under reasonable conditions of security and integrity, are irrefutably considered as proof of the tasks, exchanges and notifications that take place for the purposes of the implementation of the Services; in particular the implementation of an electronic signature, on the basis of the use of a password / login is considered as a valid signature and as a proof within the meaning of the aforementioned provisions.
Consequently, except manifest and proven error of the Company or its authorized host of health data, the User will not be able to contest the admissibility, the validity or the probative force of the elements in format or electronic medium mentioned above, on the basis of any legal provision that would specify that certain documents must be written or signed to constitute evidence. Thus, the elements considered constitute evidence and, if they are produced as evidence by the Company and / or its authorized host health data in any litigation or other proceedings, will be admissible, valid and opposable in the same manner, in the same conditions and with the same probative value as any document that would be drawn up, received or kept in writing.
Any claim relating to the use of the Services must be addressed to the Company at the following address:
Colnec health SAS
TECHNOPARC, COUNTRIES OF GEX
50 RUE GUSTAVE EIFFFEL
In the event of a dispute or dispute between the Parties concerning the execution of these CGSUV, the User is informed that he has the possibility of resorting to a conventional mediation procedure or any other alternative method of dispute resolution.
The consumer dispute mediation procedure does not apply to health services provided by Physicians to assess, maintain or restore the health status of Users.
VIII. TERMINATION OF USER ACCOUNT
AT THE USER’S INITIATIVE
At any time, the User may express to the Company, in writing (including by email), his intention to no longer benefit from the Service and to close his User Account.
The User is informed that the Company and the Healthcare Professionals who issued the Personalized Service (see paragraph 5.4 above) will be able to keep the data transmitted by the User and the exchanges between the User and the Professionals of the Service to meet their respective legal and regulatory obligations.
The attention of the User is drawn to the fact that at the end of the closure of his User Account, he will no longer be able to access the Personal Health Record Service and all the Services of the Platform.
AT THE INITIATIVE OF THE SOCIETY
The Company also reserves the right to terminate any User Account and consequently to deny any access by the User to the Services of the Platform in case of misuse, unfair, fanciful or fraudulent Services or not respectful of any of the obligations of the User defined in the CGSUV.
In the event of breach of any of these commitments, and without this list being exhaustive, the User acknowledges and agrees that the Company will have the option to refuse, unilaterally and without prior notice, the access to all or some of the Services.
IX. APPLICABLE LAW
The Applications have been designed for French Resident Users.
THE PRESENT CGSUV ARE GOVERNED BY FRENCH LAW.
Foreign Users expressly accept the application of French law using the Applications.
As a result, Users acknowledge that, in general, any information that is disseminated and / or exchanged there is likely to be inconsistent or inappropriate outside France.
ANY DISPUTE RELATING TO APPLICATIONS OR IN RELATION TO THEIR USE WILL BE SUBMITTED TO THE FRENCH COURTS, WHEREVER THE PLACE OF RESIDENCE OF THE USER.