Legal notices and General Conditions of Use (GCU) of the website
These General Conditions of Use define the conditions under which healthcare professionals inform patients of their professional activities on the internet in compliance with the White Paper issued by the CNOM in 2011 and the ethical compliance charter applicable to professional websites of doctors published on January 30, 2014 by the CNOM.
Article 1. DEFINITIONS
The terms defined below, whether singular or plural, have the following meanings:
- User(s): means any natural person using the Physician’s Professional Website.
- General Terms of Use (GTU): means these General Terms of Use accepted by the User, who irrevocably undertakes to comply with them.
- Data: means the personal data entered by the User on the Professional Website.
- Physician(s): means any healthcare professional as defined in Article L. 4111-1 et seq. of the French Public Health Code, responsible as publisher of the content of the Professional Website and identified as such in accordance with the provisions of Law No. 2004-575, amended on 21 June 2004 for confidence in the digital economy, requiring clear identification of the website owner.
- Professional Website: means the website of a Physician directly related to the practice of their medical profession and developed in compliance with the ethical compliance charter for professional physician websites issued by the National Council of the Order of Physicians (CNOM).
Article 2. OBJET
2.1 The purpose of these General Terms of Use is to define the conditions under which the Physician informs the User of their professional activity online, in compliance with the provisions of the White Paper « Medical Ethics on the Web » of December 2011 and the ethical compliance charter applicable to professional physician websites of January 30, 2014, published by the CNOM.
2.2 The User declares that they have verified the suitability of the Professional Website for their own needs in terms of medical information and contact with the Physician and declares that they provide real, accurate, and truthful information when logging in to the Professional Website.
Article 3. DESCRIPTION DES INTERVENANTS
3.1 For the proper orientation of the public, the Physician refers to his or her identity and professional qualification(s) as listed on the register of the French Medical Association on the Professional Website, as a professional web sign. He or she mentions his or her first name, last name, and RPPS (Registered Professional Registration Number), which are mandatory information for the Physician on the Professional Website, in accordance with the provisions of Articles R. 4127-80 and R. 4127-81 of the French Public Health Code.
3.2 The Physician prohibits any method of paid search engine listing, in accordance with the provisions of Article R. 4127-19 of the French Public Health Code. The publication of any form of rating of the Professional Website and/or its content, as well as the online publication of User reviews, is also prohibited.
3.3 The User undertakes to adopt appropriate and respectful conduct towards other Users and is prohibited from using the Professional Website for copying and/or research purposes.
Article 4. ACCESS CONDITIONS
4.1 The Professional Website is accessible 24 hours a day, 7 days a week, although the Physician cannot fully guarantee this, given the nature of the internet.
4.2 The Physician shall not be held liable for technical connection unavailability, whether due to a case of force majeure as defined by French case law, a maintenance obligation, an update, a modification of the Professional Website, an intervention by the Professional Website host, a network outage, or misuse of the User’s computer.
Article 5. OBLIGATIONS OF THE DOCTOR
5.1 The Physician must include, on the homepage of their professional website, a link to the CNOM website directory and a link to the dedicated page on the CNOM public website that displays publications and recommendations from the professional order relating to medical ethics online.
5.2 The professional website provides practical information on the address, specialty, recognized qualifications, practice method, healthcare facilities in which the Physician is required to work, as well as access and status with social security organizations.
5.3 The Physician must provide information on the physician’s hours, membership in an approved management association (AGA), the conditions for preparing quotes when required by the regulations for the discipline practiced, and the territorial arrangements for responding to emergencies and providing on-call care.
5.4 Physicians may provide, in the case of health information publications, any explanation of a purely informative nature regarding diseases, prevention, treatments, and techniques used. They shall objectively present the advantages and potential disadvantages of procedures, prescriptions, and interventions. They shall do so in a simple and informative manner, and shall indicate, where applicable, their reference sources. This public information may usefully supplement any information previously provided to a patient during a consultation. In this case, it may in no way be intended to replace it. The publication and/or update dates must be mentioned.
5.5 Physicians, when unable to regularly update their professional website themselves, shall ensure that the information is preferably provided by creating links to general public information sites that have no commercial interest.
5.6 The Physician guarantees that when the Professional Website publishes comments, images, or photographs, no identification of individuals is possible and that these publications may not be presented in a way that leads the User to believe that a result could be obtained, which would constitute deception, regardless of the medical or surgical field concerned. Regarding information or technical sheets, these cannot replace oral information provided during the patient’s consultation. These sheets may be illustrated with diagrams and/or photos that must be anonymized.
5.7 The Physician does not advertise himself, either directly or indirectly, on his Professional Website, nor on behalf of organizations to which he may lend his support, in accordance with the provisions of Article R. 4127-20 of the French Public Health Code.
5.8 The Physician declares on their professional website their interests with any firm related to the health and care sector and ensures that the confidentiality of User Data is respected. Where applicable, they specify the funding of their professional website and its maintenance.
5.9 The Physician provides, if an online calendar is available, an automated confirmation response to ensure the User that their appointment has been booked. This online calendar allows the User to be reminded of the appointment by phone, email, or text message. The Physician ensures that appointments already booked are hidden.
5.10 For security reasons, the calendar configuration must be strictly limited to appointment scheduling (the User’s last name, first name, telephone number, and email address) and may not include an area for explaining symptoms, in particular, or for any other reason. A clearly legible associated announcement indicates a possible telephone contact in the event of a situation deemed urgent or confusing for the User.
5.11 The contact icon may allow the User to send a message to the manager of the Professional Website. The User must be duly informed, via a pop-up or any other clearly legible means, that these messages are not read in real time and that this is not a means of obtaining medical information. The User must also be informed, by the same means, that the contact address is not a secure address and that, consequently, the User’s email address and the content of their message could be read by a third party.
Article 6. USER RESPONSIBILITY
6.1. The User assumes all direct and/or indirect consequences of using the Professional Website, which they use under their sole responsibility.
6.2 Failure by the User to comply with their obligations under these General Terms of Use will entitle the Physician to take any legal action against the User, without prejudice to any damages that may be claimed.
Article 7. INTELLECTUAL PROPERTY
7.1 The content of the Professional Website is protected by law, including the provisions of the Intellectual Property Code.
7.2 The Physician remains the owner of the intangible elements created on the Professional Website. Any reproduction of articles, photographs, logos, trademarks, tree structures, texts, and other documents without the Physician’s prior written authorization, as these are their own intellectual creations covered by copyright within the meaning of Article L. 112-2 of the Intellectual Property Code, would therefore constitute an infringement punishable by Articles L. 335-2 et seq. of the same code.
8.1 CNIL declaration
In accordance with Law No. 78-17 of January 6, 1978, relating to Information Technology, Data Files, and Civil Liberties, the processing of Data by the Physician has been declared to the CNIL (French Data Protection Authority).
8.2 Right to Access, Modify, Rectify, and Delete Data from the Dermatological Laser Center
In accordance with Article 39 of the Law of January 6, 1978, the User has the right to access, modify, rectify, and delete their Data. This right may be exercised by contacting the Physician.
8.3 Cookies
Cookies are small files containing data, including an identifier, transmitted by the Professional Website server to the User’s browser and stored on the User’s computer’s hard drive. They allow, in particular, the identification of the User, the personalization of their visit to the Professional Website, and the acceleration of the Professional Website’s layout. The User acknowledges having been informed of this practice and authorizes the Physician and/or their host to proceed with it. In any event, the content of these cookies is kept strictly confidential.
The User can configure their browser to accept these cookies, reject them, or be prompted to accept or reject them each time they log in to the Professional Website.
Article 9. SETTLEMENT OF DISPUTES
9.1 Any dispute concerning the execution and/or interpretation of these General Terms of Use shall be subject, prior to referral to a court, to an attempt at conciliation or mediation in accordance with the provisions applicable since April 1, 2015, of Decree No. 2015-282 of March 11, 2015, relating to the amicable resolution of disputes.
9.2 In the absence of an amicable agreement within forty-five (45) business days from the date of the dispute, the dispute shall be definitively submitted to the competent courts of the defendant.
Propriété du site
MONSIEUR CYRIL MAILLON
Conception
HealthCie :
Agence de création et de référencement spécialisée dans la santé.
Le Créateur Digital des Professions Médicales
Hébergement
OVH, société par actions simplifiée, au capital social de 10 174 560,00 €, dont le siège social est situé au 2 rue kellermann, 59100 ROUBAIX, immatriculée au Registre du Commerce et des Sociétés de Lille Metropole sous le numéro 424 761 419 représentée par M Michel PAULIN agissant et ayant les pouvoirs nécessaires en tant que président.