General terms and conditions of use and sale

By using the PassCare website you accept the following general terms and conditions:

Any use of PassCare’s paid services is prohibited to minors.

Use of the site by a legal entity implies that the person acting on its behalf has received all powers for that purpose.

You acknowledge that use of the PassCare website’s information and services is under your sole and entire responsibility, control and management.

The general terms and conditions of use are intended to define the rights and obligations of any user who is a natural person (hereinafter referred to as “the user”) who has registered for the PassCare services and who uses the services, as well as any healthcare professional who uses these services under his/her exclusive responsibility (hereinafter referred to as “the healthcare professional”).

Users undertake to comply with these general terms and conditions of use as well as to adhere to applicable regulations and the specific regulations applicable to their activity.

Users, within the meaning of these GENERAL TERMS AND CONDITIONS OF USE, may be patients or healthcare professionals.

1 Applicable laws

You are informed that INNOVSANTE has its registered office in France and that consequently all French laws and regulations applicable on the internet are binding on any user of the PassCare website.

When you use the services offered by INNOVSANTE, it is therefore your responsibility to comply with all applicable legislation and in particular:

Intellectual property legislation:

You must not infringe an intellectual property rights, including, but not restricted to, multimedia creations, software, texts, articles, photos, trademarks, databases or images of any kind, by means of reproduction or imitation, without the prior authorisation of the owner of the rights relating to the creation.

It is prohibited to upload, post or transfer to the PassCare website a work or content protected by copyright, trademark rights or other intellectual property rights belonging to third parties.

All contents specific to the PassCare website are protected by intellectual property rights and are the exclusive property of INNOVSANTE.

Consequently, you are formally forbidden to infringe the non-pecuniary or pecuniary rights to said contents, particularly the database created by INNOVSANTE, in any way whatsoever.

Failing that, the owner of the PassCare website reserves the right to take legal action against you to obtain compensation for any loss it may suffer as a result of such infringements.

Any improper use of the contents of the PassCare website may be subject to prosecution by the owner of the PassCare website, in accordance with applicable legal provisions. Use of said contents shall be defined as improper particularly when it involves:

  • Systematic and automated interrogation by software of the database created by and belonging to INNOVSANTE;
  • The extraction and systematic reproduction of the contents of the database mentioned above for purposes of commercial operation.
  • The legislation relating to the automated processing of personal data.
  • Legislation to uphold public order and morality, including legislation governing pornographic, racist or illegal content.
  • Privacy provisions.
  • Legislation concerning the rights of the press.
  • Applicable legislation concerning computer fraud.

It is particularly forbidden in this respect to attempt to bypass the PassCare website’s security systems and/or interfere with its data processing system.

The owner of the PassCare website reserves the right to delete immediately and without prior notice any content of any kind that contravenes the legal provisions in force and applicable to this website.

In the event that right is exercised, the author of the disputed content shall not be entitled to claim any financial compensation as a result of the deletion.

  1. Hyperlinks

The creation of a hyperlink to the PassCare website requires the prior authorisation of the company that owns the site. You must therefore contact those responsible within the company that owns the PassCare website via the contact section of the website to obtain that approval.

The owner of the PassCare website shall under no circumstances be held liable for the contents, information, products, services, comments or opinions expressed or published on websites linked to by a hyperlink from the PassCare website.

Consequently, the liability of the owner of the PassCare website may not be incurred for direct or indirect damages such as loss of customers, legal proceedings, any commercial disruption, loss of image or loss of profits.

  1. Log-in details and access codes

When you register, you will be asked to create log-in details. Do not communicate those details under any circumstances. You are solely responsible for protecting your log-in details and access codes.

Under no circumstances may the owner of the PassCare website be held liable for the loss, theft or fraudulent use of your log-in details or access codes. If this occurs, you must contact the website administrator so that, with your consent, your login details can be cancelled or amended.

  1. Description of services

Introduction

The PassCare website allows the digitisation of personal medical data by allowing the entire care pathway to be stored electronically on a single platform, with the user placed at the centre of the approach.

INNOVSANTE has established a strong authentication system, recognised for its security.

PassCare is a patient-doctor communication and information tool for health data.

With PassCare, INNOVSANTE provides a secure information storage area for each user concerning their health and well-being, an interactive platform allowing them to access that information individually at any time via a secure internet connection and then to share it with a healthcare professional, where applicable, or allow the healthcare professional to have access to that data.

PassCare services do not under any circumstances offer a medical diagnosis and cannot replace a doctor’s diagnosis or a medical consultation.

4.1

INNOVSANTE has designed a system called “PassCare” which enables:

Patients:

  • to access their health data (universal electronic medical record), as updated by practitioners and by the patients themselves;
  • to allow practitioners to access and add to that health data.

Healthcare professionals:

  • to access the health databases created,
  • to access the emergency profile via a QR code.

PassCare is a cloud platform for storing personal health data.

Two types of access exist:

  • One for the patient who manages his/her platform;
  • The other for healthcare professionals, who can either manage their patients if they subscribed to the platform or else only edit the information of their patients who are subscribed to PassCare and have given permission.

4.2. Access for patients

Patients initially access the platform by completing a relatively simple registration process involving entering their name, email address, password, gender and age and then confirming that they accept the general terms and conditions of use.

Once access to the platform has been granted, patients can enter and edit any of their information.

Different types of profiles can be entered:

  • administrative profiles;
  • the emergency profile that will be publicly available;
  • lifestyle habits, such as smoking, alcohol consumption and other dietary habits;
  • measurements;
  • information concerning allergies and medical history;
  • uploading of prescriptions, either those issued directly by a doctor who is a subscriber to the platform, via the platform itself, or those simply uploaded, if the doctor does not work with the platform;
  • information about vaccinations and biological tests;

Patients can edit their PassCare contents at any time.

Patients cannot make changes to medical data added by a healthcare professional under the heading “specialities”.

If the healthcare professional is not a subscriber to the platform, the patient can provide access to his/her PassCare.

To do this, the patient must either scan his/her QR Code where possible, or enter the card number.

A code will be issued by an SMS to be sent to the healthcare professional to allow him/her to make changes in the patient’s medical record.

4.3. Access for healthcare professionals

If the healthcare professional is a subscriber to the platform, he/she can issue prescriptions directly on the platform by filling out a form.

The platform is meanwhile able to retrieve the prescription in PDF format directly from the platform in the form of a traditional prescription.

The healthcare professional is able to manage his/her patients’ records, including access to medical data and the ability to make appointments.

4.5. Financial terms

User can access their PassCare in return for a paid subscription, payable monthly or annually.

The subscription fee is the amount displayed on the website on the payment date of the subscription or its renewal.

That amount is expressed in euros (including all taxes).

For a single payment, with a renewable annual commitment, the price is €19.99 including all taxes (€16.66 excl. taxes), payable in one instalment. This purchase can also be made in the form of a monthly subscription payable in 12 monthly instalments of €1.99 including tax (€1.66 excl. tax) per month. This package is only available for a personal account.

For the family package with a single payment and a renewable annual commitment, the price is €29.99 including all taxes (€24.99 excl. taxes), payable in one instalment. This purchase can also be made in the form of a monthly subscription payable in 12 monthly instalments of €2.99 including tax (€2.49 excl. tax). This package is valid for six people in your household. To benefit from this offer, you may be asked to provide a copy of the family medical record (livret de famille) or an accommodation certificate as proof of the family household.

The packages are either individual or family, including a maximum of six people per household.

Promotional codes may be issued by INNOVSANTE as part of marketing or communication campaigns.

Any price change shall be notified by PassCare.

All subscriptions are payable up front at the time of their creation.

Subscription fees are payable exclusively online and by bank card via a secure payment platform or via any other secure payment system indicated on the website at the time of the transaction.

All payments are final and irrevocable for the subscription in question and shall not be refunded except in the event of a default or contractual breach by INNOVSANTE in respect of the terms and conditions set out in the agreement.

4.6. Right of withdrawal

In accordance with Article L.221-18 of the French Consumer Code, the user has the right to withdraw from this agreement without giving any reason within 14 days in the case of distance selling and a services agreement concluded off-premises, unless explicitly waived by the customer.

The withdrawal period expires 14 days after the date of conclusion of the agreement. If that period expires on a Saturday, a Sunday or a public holiday or non-working day, then the next business day.

To exercise the right of withdrawal, the user must notify PassCare of his/her decision to withdraw from this agreement by means of an unambiguous declaration (e.g. in a letter sent by post, fax or email).

The user may use the model withdrawal form, although that is not mandatory.

For the withdrawal period to be complied with, the user simply needs to send his/her communication regarding exercise of the right of withdrawal before expiry of the withdrawal period.

If the user withdraws from this agreement, INNOVSANTE shall reimburse all payments received from said user without excessive delay and, in any case, within 14 days of the date that INNOVSANTE is informed of the decision to terminate this agreement.

INNOVSANTE shall make the reimbursement to the same means of payment used by the user for the initial transaction, unless the payment was made by cheque (CESU, etc.) or if the user explicitly agrees to a different method. In any case, that reimbursement shall not result in any charges for the user.

The user may use the model withdrawal form attached in the appendix.

Article L121-21-5:

“If the consumer wishes that the execution of a provision of services begins before the end of the withdrawal period mentioned in Article L. 121-21, the professional shall collect its explicit request on paper or on any durable medium.

The consumer who has exercised his/her right of withdrawal from a services agreement whose performance has already begun, at his/her explicit request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided up until communication of his/her decision to withdraw. That amount shall be proportionate to the total price of the service agreed in the agreement.”

4.7. Contractual term

PassCare shall take effect from the date of its subscription or confirmed activation.

It is subscribed for a term chosen by the user in accordance with the pricing grid appearing on the website.

It shall then be tacitly renewed for an identical term, accompanied by a reminder seven days in advance for annual subscriptions.

Pursuant to Article L.136-1 of the French Consumer Code:

“The professional service provider shall inform the consumer in writing, by personally addressed letter or in a dedicated email, no earlier than three months and no later than one month before the end of the period authorising rejection of the renewal, of his/her option not to renew the agreement concluded with a tacit renewal clause. This information, delivered in clear and comprehensible terms, shall state the deadline for termination in a distinct box.”

  1. Personal data

5.1.

In the context of PassCare and to enable you to benefit from the services associated with it, INNOVSANTE will need to ask you to provide personal data about yourself and, in particular, data relating to your health, your medical care and doctors and members of the medical profession that are treating you or have done so in the past.

This information is needed to enable us to process and follow up your requests. Apart from the personal identification data requested from you when opening your PassCare account, which is a vital prerequisite for opening your PassCare account, it is not mandatory for you to provide any personal health data via the PassCare service:

You remain free at all times to decide whether or not to input personal data, and particularly health data about yourself, into your PassCare account or to allow or ask healthcare professionals treating you, where applicable, to input personal data, and particularly health data about yourself, into your PassCare account.

You are informed, however, that if you choose to only include certain personal data, and particularly health data about yourself, in your PassCare account, then that account will be incomplete, preventing you from enjoying all the benefits resulting from the PassCare service.

If you choose to only include certain personal data, and particularly health data about yourself, in your PassCare account, it is essential that you inform the healthcare professionals and that you provide them with all additional information relating to your health, your medical care and doctors and members of the medical profession that have treated you.

In the context of your access to and use of the PassCare services, you authorise INNOVSANTE to collect and process your personal data, in particular personal data relating to your health, your medical care and doctors and members of the medical profession that have treated you

You also authorise INNOVSANTE to communicate that personal data, and particularly that health data about yourself, to healthcare professionals you meet, either directly, if they have their own access to the PassCare services, or via you, if you provide a healthcare professional with one-time authorisation to access your PassCare account.

INNOVSANTE undertakes to respect your privacy and to protect the information that you communicate to it and/or that you input or allow to be input into your PassCare account. INNOVSANTE has a strict confidentiality policy in this respect and undertakes not to disclose personal data relating to your health, your medical care and doctors and members of the medical profession that have treated you, to any third party without your prior consent.

You are informed and explicitly accept that your personal data concerning your health, medical care and doctors and members of the medical profession that have treated you is hosted by a hosting provider approved by the French Ministry of Health.

Your personal data is retained for the duration of your subscription to the PassCare services and for a further period of twelve (12) months. From the end of your PassCare subscription, you may continue to have read-only access to your data.

In accordance with the French Data Protection law of 6 January 1978, as amended, you have the right to access, amend, modify and delete your personal data. You can exercise this right by sending us a letter at the following address: INNOVSANTE, 21 Rond-Point de l’Europe, 51430 Bezannes

All requests must be made in writing and include the reasons for the access, amendment, modification or deletion of your personal data, your username, as well as a copy of both sides of a valid form of ID.

In the context of use of and access to PassCare services via an internet browser, you agree to the use of cookies, which are necessary to produce statistics on visitors to the PassCare website.

A cookie is a small file that does not allow identification of the user but records information about a computer’s browsing on a site.

The data obtained is intended to facilitate subsequent browsing of the website and the production of various visitor statistics. Cookies can be configured when you access PassCare services via an internet browser.

5.2. Cookies

The PassCare website uses cookies to record information relating to your computer’s browsing of our website (which pages you have visited, the date and time of access, etc.) and INNOVSANTE may use this information when you next visit.

These cookies allow you to browse the site and use some of the features of PassCare, such as the secure areas, shopping cart and search engine. These cookies do not collect any information for sales purposes!

Accepting these cookies is a prerequisite for use of our website and if you refuse them we cannot guarantee normal browsing of the site.

However, you have the option to prevent the use of cookies by changing the options in your internet browser software.

  1. Liability for content

You are solely liable for the information, messages, images and, generally, any content disseminated by you.

The user undertakes to provide accurate, reliable and verifiable information.

Therefore, you agree that INNOVSANTE may, without prior notice, delete, in whole or in part, any content posted by you, that you wish to send by email or that is sent to you, if that content is likely to infringe applicable laws or regulations or moral standards. That deletion shall not be subject to financial compensation and shall be final.

You acknowledge that you are solely responsible for the use that may be made of the content of whatever kind disseminated by you and that INNOVSANTE does not control or guarantee the accuracy, legality, quality or reliability of content of any kind contained on the website.

  1. Security and log-in

7.1

INNOVSANTE implements all necessary resources at its disposal to ensure the security of the data, contents and information in its possession.

However, INNOVSANTE cannot guarantee continuity of access to the service, response times or the security of transmissions.

You acknowledge that the information and services offered on the PassCare website may be interrupted, altered or removed in the event of force majeure or due to actions by third parties.

The occurrence of any event beyond the parties’ control shall be considered as constituting a case of force majeure.

In particular, events such as the blocking of telecommunications or the blocking of computer networks shall be regarded as cases of force majeure.

Actions by a third party may include termination of the website space leasing agreement at the initiative of the owner of that space.

  1. Mediation in the event of dispute – Bloctel

8.1.

n In the event of a dispute arising from the performance of the contractual relationship between INNOVSANTE and the user, the user has the option, prior to any legal action and after attempting to settle the dispute directly with INNOVSANTE, to request the intervention of a consumer mediator, free of charge, with a view to the amicable resolution of the dispute.

The consumer mediator may be contacted at the following address:

Address of the consumer mediator: Medicys, 73 Boulevard de Clichy, 75009 Paris

Address of the consumer mediator’s website: http://www.medicys.fr/

Pursuant to Article 14.1 of Regulation (EU) no. 524/2013 of the European Parliament and of the Council of 21 May 2013, in relation to online sales, users may use the online dispute settlement platform at the following address:

8.2.

Although INNOVSANTE does not make use of users’ data for commercial prospecting purposes, it is specified that users who do not wish for telephone data collected to be used for commercial prospecting purposes have the right to register themselves on the telephone marketing black-list via the following government website:

http://www.bloctel.gouv.fr

APPENDIX:

Withdrawal form

Please complete and return this form only if you wish to withdraw from the agreement.

For the attention of INNOVSANTE (send to: 21 Rond-Point de l’Europe, 51430 Bezannes or support@passcare.com)

I/we (*) hereby notify you of my/our (*) withdrawal from the following provision of services agreement (*):

Ordered on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if the paper copy of this form is sent):

Date:

(*)Delete as applicable