Nous sommes joignables au 
04 81 68 25 26 (prix d’un appel local) et au 
+32 24 74 66 90 et au 
+1 888 660 4616
Nous sommes joignables au 04 81 68 25 26 (prix d’un appel local) et au +32 24 74 66 90 et au +1 888 660 4616
General Terms and Conditions of Use of the MAELA Application
MN Santé – Simplified joint-stock company with a capital of 25 740 euros – Paris B 921 378 717
Registered office : 9 rue du Colonel Pierre Avia – 75015 PARIS
WE THANK YOU FOR CAREFULLY READING THESE GENERAL TERMS AND CONDITIONS OF USE OF THE MAELA APPLICATION AS THEY CONTAIN IMPORTANT INFORMATION RELATING TO YOUR RIGHTS, REMEDIES AND OBLIGATIONS.
Version entered into force on 05/10/2023
1. MN Santé, a software publisher and digital service provider, markets a Maela remote medical monitoring application, hereinafter referred to as the Application.
2. In partnership with a healthcare establishment, MN Santé wishes to simplify the health pathways and promote the autonomy of patients using the Application, a medical device, which intervenes through remote monitoring to :
• Enable the Establishment’s practitioners to define the follow-up protocols: actions to be carried out by the patient and timing to be respected
• Offer the patient a portal indicating the actions he must take every day, and accompanying him throughout the follow-up with documentation and reminders
• Detect risk situations in real time by analyzing the information provided by the patient, report alerts in a dashboard for the caregivers following up
• Facilitate remote exchanges between healthcare staff and patients using current means of communication (instant messaging, emails, smartphone applications)
• Take care of patient calls through the platform if the health establishment has chosen the nurse platform option when subscribing to the services. The nurses are state-certified or health executives. They can also contact patients in case of non-response to certain content, according to the procedure put in place by the patient’s medical team.
The Application offers a highly configurable interface for creating and managing questionnaires.
3. These T&Cs, the Information Notices and the Privacy Policy are intended to provide a framework for access to and use of the Application. They constitute the contractual provisions governing the rules of use of the Application as well as the respective rights and obligations of the Health Establishment, MN Santé and the Users.
4. To exercise the rights of users (professionals and patients) described in the document, please contact the DPO of the data controller.
5. Terms beginning with a capital letter in these General Terms and Conditions of Use, whether used in the singular or plural, shall have the meaning and scope given to them below.
6. Application: refers to the Maela mobile and web application, allowing a User to access and use the Services and Content in the context of the follow-up of a patient by a Healthcare Establishment.
7. Terms of Use : refers to these General Terms and Conditions of Use (including any document that is expressly incorporated by reference herein) and any amendments thereto.
8. Personal Account : refers to the personal and individual account held by a User, created when he or she first connects to the Application and from which he or she accesses its private and secure interface for the purpose of providing the Services and accessing the Content and manages his or her personal information.
9. Content : refers to all information (texts, photographs, illustrations, videos, functionalities or any other element), regardless of its form, nature or content, present or entered manually or automatically on the Application.
10. Healthcare establishments : refers to any healthcare establishment, medico-social or social establishment, any group of establishments, health centres, and in general, any legal or natural person who has signed a contract for the use of the Application with the Company, and who, in the context of the care of a patient, wishes to use the Application to carry out a health pathway under his or her responsibility.
11. Personal data : means any data relating to a natural person who is identified or identifiable directly or indirectly, in particular by reference to an identifier, such as a name, an identification number or an online identifier or to one or more specific elements specific to his or her identity. Each Data relating to a User is processed with the level of security required for the processing of Personal Health Data, within the meaning of the regulations applicable to the processing of personal health data, including the Public Health Code and the national and European regulations applicable to the processing of personal data.
12. Hosting provider : refers to OVH, a certified hosting provider within the meaning of Article L.1110-8 of the Public Health Code,
13. Information notices : refers to information and consent notices, intended for the patient and for healthcare professionals, for the processing of Personal Health Data and the patient’s participation in a remote monitoring act. These records are accessible These records are accessible (see Article 19 Appendix 1).
14. Data controller : refers to the legal or natural person responsible for the processing of personal data. Within the framework of these T&Cs, the Healthcare Establishment is responsible for the processing of Users’ Personal Data, in particular personal health data, and the Company is a subcontractor
15. Identifiers : refer to the specific terms by which each User identifies himself to access his or her Personal Account.
16. Services : refers to the remote medical monitoring service and the associated services implemented between the Healthcare Establishment and the Users in the context of the use of the Application, as described herein.
17. Company : refers to the company MN Santé, which publishes the Application within the meaning of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy (known as the “LCEN Law”).
18. User : refers to any natural person accessing the Services and Content of the Application, following the invitation of the Health Establishment as part of a patient’s health pathway, and after acceptance of the Terms of Use. Users include patients, their legal guardians (holder of parental authority, guardian) or caregiver, or a member of their entourage that they have designated, the staff of the Health Establishment, authorised by the latter, the community health professionals associated with the patient.
19. Healthcare professional : any healthcare professional authorised to access the health journey of a patient user. A Healthcare Professional is therefore a User.
20. Parties : refer to the Health Establishment, the Users and the Company.
21. Access to and use of the Application is subject to acceptance and compliance with the T&Cs.
23. Any violation of these T&Cs authorizes the Company to block or limit the use of the Application by the User who committed the violation, or to close his Personal Account, without prejudice to the compensation that the Company may claim.
24. The Company is constantly working to improve the Application, Services and Content as well as to research and develop new solutions. In this context, technical changes may be made without notice from the Company.
25. Consequently, the Company may freely and at any time modify the T&Cs in order to adapt them to changes to the Application and/or to legislative or regulatory provisions. These changes are brought to the attention of Users who may be invited to accept the new version of the T&Cs by ticking the corresponding box.
26. The User always uses the latest updated version of the Application made available to him/her.
27. In any event, the use of the Application by Users after publication of the new T&Cs will constitute unreserved and express acceptance of the latter by the Users
28. The Application offers a remote medical monitoring service, within the meaning of the provisions of Articles L.6316-1 and R.6316-1 of the Public Health Code, i.e., a medical professional remotely interprets the data necessary for the patient’s medical follow-up in order to make decisions on his or her care. The Application is not autonomous in the management of therapeutic decisions, which remains exclusively the responsibility of the User and the Health Establishment.
29. The purpose of use is to allow the remote monitoring of a User by his or her care team based on the medical protocol created by the Health Establishment and implemented via the Application. The Application is designed to alert the Healthcare Establishment and the healthcare professionals associated with the monitoring concerned in the event of a potentially risky situation in view of the data completed by the User.
30. The Healthcare Establishment adapts the Services and Content attached to the Application according to its needs. The Services and Content made available may therefore differ from one Healthcare Establishment to another or from one User to another.
31. IN PARTICULAR, THE USER IS ALERTED TO THE FACT THAT ACCESS TO THE SERVICES IS NOT A RIGHT. The User’s access to the Application is at the discretion of the Health Establishment. Indeed, the latter may consider that it is not, or no longer, relevant to provide the remote monitoring service, in particular, when a clinical examination with the physical presence of the patient is necessary.
32. To learn more about the various Services offered, click here: www.maela.fr
33. In order to monitor the patient remotely and to detect anomalies, the Healthcare Professional processes (i) the information provided by the User on the questionnaires offered within the Application and/or (ii) the information provided by the User concerning his or her constants. The Health Establishment may contact the User in the event of anomalies.
34. If the Health Establishment so wishes, it can use the Application to manage the patient’s journey, prepare for their possible hospitalisation, and/or secure their return home. The Application may include the following Services :
i. Importing and downloading Content into the secure area of the Application ;
ii. Sending appointment reminders to the User ;
iii. The sending to the User of Content, in particular educational materials, information and administrative documents by the Health Establishment ;
iv. The management of the patient’s presence within the health establishment ;
v. A secure messaging system allowing personalized exchanges with the health establishment ;
WARNINGS : THE USER AND THE HEALTHCARE ESTABLISHMENT ARE WARNED THAT THE COMPANY IS IN NO WAY ABLE TO VALIDATE, CONTROL, VERIFY THE ACCURACY, REALITY, TIMELINESS OR COMPLETENESS OF THE INFORMATION AND DATA ENTERED AND FILLED IN UNDER THEIR SOLE RESPONSIBILITY, CONTROL AND DIRECTION.
THE USER IS INFORMED THAT THE DATA HE OR SHE PROVIDES MAY BE DECISIVE FOR THE QUALITY OF CARE PROVIDED BY THE HEALTH PROFESSIONAL. IT IS THEREFORE UP TO HIM TO PROVIDE AND DECLARE RELIABLE, COMPLETE, ACCURATE AND UP-TO-DATE INFORMATION.
AS SUCH, IT IS RECOMMENDED THAT THE USER BE PARTICULARLY ATTENTIVE AND VIGILANT WHEN ENTERING AND VALIDATING THIS INFORMATION.
35. Access to and use of the Application are reserved for natural persons and are subject to the creation of a Personal Account. Thus, the holder(s) of parental authority may benefit from a Personal Account for their minor child, a patient of a health establishment, or use the Personal Account of their child, a patient of a healthcare establishment.
36. The creation of a Personal Account is free of charge for Users.
37. The Personal Account is created either :
i. by the staff of the health establishment who takes care of the patient ;
ii. by the User himself, at the invitation of the Healthcare Establishment or the Healthcare Professional.
38. Any person initiating the creation of a Personal Account and any User benefiting from it :
i. guarantees that it has the legal capacity to commit itself to these T&Cs ;
ii. guarantees that it has been authorised by the Health Establishment and by the patient, or by any other person, to use the Application in the event that such authorisation is necessary (authorisation by the care team, etc.);
iii. undertakes to provide and/or verify all data necessary for his/her identification under his/her full responsibility, control and direction and undertakes to communicate complete, accurate and up-to-date information, not to create a false identity or usurp the identity of a third party, nor to mask his/her age.
39. In the event that false, inaccurate, misleading, incomplete or outdated information has been communicated, the Company reserves the right to suspend or refuse the User’s access, without notice or compensation, temporarily or permanently, to all or part of the Application, its Services and Content.
40. When the creation of the Personal Account is carried out by the Health Establishment, the User will then receive an invitation email and/or SMS containing their Secure Identifiers (temporary password) allowing them to connect to the Application in order to finalise the creation of their Personal Account.
41. From the first login, the User is invited to verify his identity by entering his date of birth and to change his password.
42. The User has the option of creating his or her own Personal Account, provided that he or she has been invited to do so by the Health Establishment.
43. When creating the Personal Account and interacting with the Healthcare Establishments in charge of delivering the Services via the Application, the Patient User is invited to enter identification information (title, surname/first name, date of birth, email, telephone), the Healthcare Professional User is invited to authenticate via Pro Santé Connect. Depending on the protocol of the Healthcare Establishment concerned, other Personal Data of an administrative and/or health-related nature may be collected and processed.
44. The User’s login is communicated to him by email, and constitutes, with his password, his Personal Identifiers.
45. The User acknowledges that he/she accesses the Application using secure access methods.
46. The connection to the Personal Account is based on a strong, reliable and secure authentication system. During each connection, the User must either :
i. enter their unique and personal identifier ;
ii. enter the password that they chose at the time of the application to open an Account and which must have a sufficient level of security in accordance with the recommendations of the CNIL (minimum 8 characters with at least 1 digit, 1 capital letter and 1 special character) ;
iii. Enter the one-time password generated if the patient has chosen to strengthen their authentication as offered to them when they first access their account.
Or, for health professionals, use electronic identification by Pro Santé Connect.
Pro Santé Connect is a teleservice implemented by the Agence du Numérique en Santé (ANS) helping to simplify the electronic identification of healthcare professionals.
The user can log in through their e-CPS mobile app or CPS card, with a card reader and the necessary components.
Consult the general terms and conditions of use of Pro Santé Connect on the https://integrateurs-cps.asipsante.fr/pages/prosanteconnect/cgu website
47. The User’s Identifiers are strictly personal. They must not, under any circumstances, be communicated to third parties.
48. The User is fully responsible for the storage and use of his/her Identifiers and for all activities carried out on his/her Personal Account using his/her Identifiers. He must take all necessary measures to prevent unauthorized or fraudulent use of his Personal Account in particular, the User is required to ensure that at the end of each session, he has effectively logged out of the Application. Consequently, the Company cannot be held liable for any damages occurring in the event of the User’s failure to comply with these obligations, in particular the loss of his data.
49. In the event of loss or theft of his/her Identifiers, or if the User notices or suspects unauthorised or fraudulent use of his/her Identifiers, he/she undertakes to alert the Healthcare Establishment without delay.
50. In addition, the User may, at any time, change his password within the “Personal Information / Change my password” section accessible via his Personal Account, and more particularly if he suspects an unauthorised use of his Identifiers.
51. The User will renew his password regularly from his first connection, following the recommendations of the CNIL.
52. In accordance with the article “Proof Agreement”, any access to the Personal Account using the Identifiers is deemed to be made by the User. The User is responsible for all actions carried out through his/her Personal Account and releases the Company from any liability in the event of damage caused to the Parties or a third party by such actions.
53. The Company reserves the right to unilaterally suspend or close, without delay or notice, any Personal Account and to refuse the User’s access to the Application accordingly in the following cases :
i. non-compliant, abusive, unfair, fanciful or fraudulent use of the Application ;
ii. express request from the Health Establishment ;
iii. an injunction from a public, administrative or judicial authority ;
iv. failure by the User to comply with any of the obligations defined in these T&Cs.
54. At any time, the User has the option of closing his/her Personal Account, without reason, by sending a request to the Health Establishment, which will inform the Company.
55. The User is informed that the closure of his/her Personal Account will not result in the automatic deletion of his/her Personal Data.
56. At the end of this action, the User will no longer be able to access the Application, the Services and the Content.
57. The Company undertakes to make its best efforts, in view of the risks and taking into account the state of the art and the costs related to their implementation, to secure the Application and ensure the confidentiality of the Content.
58. The Company uses a certified provider to host all Personal Health Data. This service provider is bound by an obligation of security, confidentiality and availability of the hosted data. In addition, the defaulting Host may have its certification withdrawn, which may be accompanied by criminal sanctions.
59. The User and the Health Establishment are expressly reminded that the Internet is not a secure network. Under these conditions, it is the responsibility of the User and the Healthcare Establishment to take all appropriate measures to protect their terminals, in particular from possible misappropriation and contamination by possible viruses or any other disruptive or destructive element circulating on the Internet network or from the intrusion of a third party into the system of their terminals for any purpose whatsoever.
60. The User and the Health Establishment acknowledge the existence of risks inherent in the use of telecommunications, including in the presence of secure access as implemented in the context of the Application, and in particular in terms of :
i. unreliability of the Internet network, in particular in the transmission of data ;
ii. the spread of computer viruses or other forms of attacks, including if such viruses or other forms of attacks are related to the use of the Application ;
iii. continuity in access to the Application, and the Content and Services related thereto, is not guaranteed ;
iv. performance not guaranteed in terms of volume and speed of data transmission ;
v. any other technical constraints that are not exclusively under the control and responsibility of the Company ;
Under no circumstances may the Company be held liable for these risks and the consequences that may result, regardless of the extent for the User or the Healthcare Establishment.
61. The User and the Health Establishment undertake to :
i. comply with security guidelines, including rules for setting and changing Identifiers ;
ii. comply with access management, in particular, not to use the Identifiers of a third party, nor to seek to know this information ;
iii. keep its Identifiers strictly confidential and not disclose them to third parties, regardless of the quality and professional activities of this third party ;
iv. implement all necessary means to secure the Content uploaded or imported to the Application and to preserve its confidentiality ;
v. notify the Company of any failure or malfunction of the Application or the Personal Account, observed or suspected, at the following coordinates : contact-mns@careside.care.
62. If a security breach is detected, the Company informs the User and the Healthcare Establishment in compliance with the legal and regulatory provisions that apply. The Company informs Users and the Health Establishment of any measures to be taken (password reset, etc.).
63. The Company may take all emergency measures necessary for the security of the Personal Account and, more generally, of the Application.
64. The Healthcare Establishment and the Users undertake to use the Services and Content provided within the framework of the Application in accordance with the purposes described herein.
WARNINGS ! Users are expressly reminded that :
The Application does not allow for the provision of emergency medical assistance or, in general, the monitoring of emergency situations. In the event of an emergency, the User contacts the 15 centre. The User thus acknowledges that the Health Establishment does not in any way deliver emergency medical acts in the context of the use of the Application.
The Application, in particular, the space for exchange, may in no way be used to replace the attending physician or a member of the care team. The remote monitoring service is only offered in addition to the comprehensive and personalized care of the patient by its health professionals. It is important that the User never refrains from carrying out a diligent medical follow-up because of information read on the Application. The Company therefore invites the User to consult their healthcare team regularly, in particular, in case of doubt about their state of health.
65. Consequently, the Health Establishment and the Users acknowledge that :
i. the purpose of the Application is not to diagnose, prognosis, provide urgent medical assistance, prescribe care or administer treatment and is prohibited from using it for its purposes ;
ii. the User alone makes decisions concerning his or her health with regard to the information and recommendations provided by the health professionals usually in charge of his or her follow-up, notwithstanding the services rendered during the use of the Application ;
iii. the general information on health-related topics that may be provided to the User is for information purposes only.
66. The Health Establishment and the Users expressly refrain from using the Application :
i. to promote a product, service, healthcare establishment or, in general, for any advertising or promotional purpose ;
ii. to carry out teleconsultation, as defined in Article L. 6316-1 of the Public Health Code. They thus acknowledge that the Application does not allow a medical consultation to be carried out under any circumstances, directly or indirectly.
67. The Services and Content attached to the Application are for the personal or professional use of Users and may not be used for the benefit of a legal entity third to the Health Establishment.
68. Access to and use of the Application is free of charge for Users, the price being paid by the Health Establishment to the Company.
69. As the Company is in no way a party to their relations, the patient or User remains directly liable to the health establishment providing their follow-up, for the payment of the price of the consultations and the care provided.
70. The User acknowledges and accepts that all costs of connection to the Internet network remain at his sole expense.
71. The Services and Content are accessible from the various sections of the Application available 24 hours a day, 7 days a week, except in cases of force majeure, difficulties related to the structure of the telecommunications network or technical difficulties.
72. For maintenance, corrective or evolutionary reasons, the Company may have to suspend access to the Application and will do everything possible to inform Users in advance. In the event of a security or confidentiality issue, the Company reserves the right to temporarily or permanently interrupt access to the Application, without compensation.
73. Upon termination of the contract between it and the Health Establishment, for any reason whatsoever, the Company shall cease to make the Application available to Users, without this giving rise to compensation for the benefit of the User.
74. The Parties undertake a reciprocal duty of loyalty and shall avoid any initiative likely to harm the brand image and/or interests of the other Party.
75. The Health Establishment and each User undertake to validate the adequacy of the Application, its Services and its Content to their own needs.
76. It is understood that it is the responsibility of the Establishment to manage its relations with Users or third parties and that it undertakes to pass on the rights and obligations defined herein to them.
77. In general, each User undertakes to use the Application in compliance with these T&Cs and the legal and regulatory provisions in force, in particular not to disseminate Content of a defamatory, insulting, obscene, offensive or violent nature.
78. Each User undertakes to provide accurate, complete and realistic data and to update it systematically in the event of any changes.
79. Healthcare Professionals and Users practising within the Healthcare Establishment also undertake to use the Application in accordance with their ethical obligations and, where applicable, to comply with all good practices applicable to the exercise of their profession. Thus, they undertake to refrain from any act having the object or effect of taking undue advantage of a patient’s state of health and, in particular, from any form of unfair competition, solicitation or illegal advertising.
80. The Health Establishment and the User acknowledge that the provision of the Services and Content within the framework of the Application does not infringe the ethical obligations of the health professions, in particular freedom of choice and professional independence. Users retain complete freedom in their professional judgments and remain free to take the professional actions and advice they deem most appropriate in the circumstances.
81. In its capacity as data controller, the Healthcare Establishment undertakes to inform patients and Users and to obtain their consent, in accordance with its regulatory obligations. Thus, the Health Establishment pays particular attention to its staff to comply with their obligations to inform and obtain consent, in particular, in the event of sharing and/or exchanging Personal Health Data, whether between professionals from the same care team or between professionals who do not belong to the same care team.
82. The Institution is responsible for defining the profiles of Users who can access Personal Health Data via the Application.
83. In accordance with the regulations applicable to the processing of Personal Data and professional secrecy, Users undertake to exchange or share only the information that is strictly necessary for the coordination, continuity of patient support and follow-up. Consequently, under their respective exclusive responsibility, under no circumstances do they communicate, directly or indirectly, any of the Personal Data concerning the patient to any unauthorized third party.
84. The Health Establishment and the User undertake to immediately update the Content communicated in the event of any modification of the said Content.
85. The Establishment undertakes to ensure that appointment reminders are not sent to contain any personal health data. The Health Establishment is solely responsible for both the sending of the message to the mobile number indicated and the content of the messages thus sent.
86. Regarding the follow-up of appointments by the User, the Company declines all responsibility in the event of an error in the entry of his or her contact details by the User making it impossible to send an email or SMS confirming or cancelling an appointment. The appointment may be cancelled free of charge by the User, however the User undertakes to notify the Health Establishment as soon as possible. The User acknowledges that he or she has been informed that he or she assumes all the consequences of his or her withdrawal from an appointment.
87. Users acknowledge that the Application, in particular the secure exchange space, is not subject to any prior editorial control, nor is it fixed to the Company’s prior material medium. However, the Company may be required to take action on any report from a healthcare establishment, in accordance with the regulations in force and in compliance with medical confidentiality.
88. In this context, Users are informed and acknowledge that the Company may be required :
i. to communicate to any person authorised by a court decision or on judicial requisition data likely to allow the identification of any person who has disseminated or stored Content ;
ii. to remove all or part of Content posted by a User or to make it impossible to access it, as soon as the Company becomes aware of its illegal nature.
89. Personal Data concerning the User is collected and processed in the context of access to and use of the Application, its Services and its Content.
90. Information on the processing of personal data is provided :
1. In the Information Notices ;
2. And in the Privacy Policy for all Users
91. The Healthcare Establishment is the Data Controller within the meaning of the Personal Data regulations. As such, the Health Establishment has registered the processing it implements in the register of its processing activities and informs Users of their rights.
The Company is a subcontractor of the Health Establishment.
The Parties reciprocally undertake to cooperate to ensure compliance with their obligations, in particular when Users have requests concerning their Personal Data.
92. The processing of Personal Data thus implemented is necessary :
1. The provision of the services defined in the framework of the contract concluded between the Company and the Health Establishment as well as these T&Cs, in particular :
a. the creation of a Personal Account ;
b. the performance of remote medical monitoring acts ;
c. the provision of other Services and Content by the Health Establishment, in particular, the exchange and sharing of strictly necessary information, in compliance with the provisions of the Public Health Code and the provisions of the Code of Social Action and Families, making it possible to guarantee the coordination and continuity of patient support and follow-up between the Health Establishments.
2. To process requests for information and complaints from Users.
The Company may produce statistics in the context of its activities and the services it implements, which in no way allow the User to be identified. This anonymised data can also be used for research purposes. The User may contest the latter use by written request to dpo-mns@careside.care.
Finally, the User is informed and acknowledges that all the operations he or she carries out within the framework of the Application are traced.
93. The Personal Data collected directly from the User are those communicated on the forms posted on the Application.
The mandatory or optional nature of the answers is indicated on the form.
In the event of refusal to process mandatory Personal Data, the User will not be able to create a Personal Account, nor subscribe to the Services.
94. The categories of data processed are (i) the User’s identification data, (ii) data related to the performance of the Services and these T&Cs, in particular the health data necessary for the act of remote monitoring and the other Services for an appropriate follow-up of the patient, (iii) data relating to professional life, in particular the profession exercised by the Personal Users of the Health Establishment or Health Professionals and (iii) functional traces and technical aspects.
95. The Personal Data communicated may be transmitted to the following recipients :
– Users, Healthcare Establishments and their staff, in particular service providers of Healthcare Establishments, specifically authorised, and in compliance with the provisions of the Public Health Code and the Code of Social Action and Families (for example: the remote monitoring doctor, the attending physician and other professionals caring for the patient, provided that they have been expressly and previously authorised by the patient or his or her legal representative) ;
– To the Company and to the members of the Company’s staff and technical service providers, specifically authorised, in strict compliance with their missions for technical management purposes ;
– To the certified Host, within the meaning of Article L.1111-8 of the Public Health Code ;
– To public bodies, court officers, ministerial officers, in order to comply with any law or regulation in force, or to respond to any judicial or administrative request ;
– To the service provider of the support and claims management platform.
96. Personal Data will be intended exclusively for authenticated and authorised persons within the limits of their respective responsibilities and to the strict extent necessary to carry out their missions. Users’ Personal Data will not be transmitted to any unauthorized third party, without the prior consent of the persons concerned.
97. Users’ Personal Data is stored and is kept for the duration of the User’s use of the Application. Beyond that, the Data is kept for 1 year, then is anonymized and archived. At the end of the archiving, only the technical logs are kept.
98. The User is informed that the Application is hosted by OVH, a certified health data host in accordance with Article L.1111-8 of the Public Health Code. This certificate was issued by the National Metrology and Testing Laboratory for the HDS certification standard version 1.1 of June 2018 dated August 28, 2018.
99. OVH undertakes to ensure that any change concerning the nature, description, costs or deadlines of the activities will be the subject of a formal request. These requests must be accepted jointly by OVH and MN Santé. Failing this, OVH is required to perform the services initially described without modification.
100. The Host undertakes to implement and document the security measures relating to the Personal Data and the means to guarantee the confidentiality, integrity, availability and resilience of the processing systems and services.
The technical and organisational security measures are implemented by the Host via its Security Assurance Plan (SIP). The PAS deals in particular with the guarantees and procedures put in place by the Host to cover any failures on its part, as well as, and without this list being exhaustive, security and access control, incident management, business continuity, security audits, certification and vulnerability monitoring.
101. With regard to the hosting of their Personal Health Data, the User has a right to object that they can exercise under the same conditions as the procedure for exercising their rights. In the event of exercising their right to object to the hosting of their data by a certified hosting provider, the User is informed that they will no longer be able to benefit from the use of the Application, for reasons arising from the Company’s legal and regulatory obligation to entrust the hosting of health data to such a hosting provider.
102. The Host is prohibited from using the hosted health data for purposes other than the performance of the health data hosting activity with the Company. The Host may subcontract its services in compliance with the regulatory provisions on the hosting of health data. In the event of subcontracting, the Host will remain responsible to the Company for the smooth running of the subcontracted work, and has the obligation to ensure that the subcontractor’s staff apply and respect the obligations of the agreement that concerns it.
103. In the event of incidents having an impact on the hosted Personal Health Data, the User may contact the Company’s contractual referent, at the following contact details : dpo-mns@careside.care.
104. The hosting services for Personal Data are exclusively provided on French territory, so the Hosting Provider’s infrastructures are exclusively located in its data centers established on French territory.
105. The Host undertakes to ensure total reversibility of the process on the technical, legal and human levels, in order to enable the Company to resume or have resumed the operation of all or part of the services under the best possible conditions under the terms of the agreement between the Host and the Company.
106. At the end of the hosting service, whatever the cause, the Host shall :
– will make available to the Company the elements necessary for reversibility (files, data on compatible exchange media, etc.)
– undertakes to erase and/or destroy copies of the data relating to the product, including backups and archives, no later than 60 days from the request for destruction. If the Company does not make any request to this effect, the Host will delete all of said data no later than 12 months after the end of the reversibility phase.
107. In accordance with the Regulations, the User has the following rights :
– a right to access their personal data and request its rectification ;
– a right to erasure of their personal data ;
– the right to communicate instructions concerning the fate of his personal data after his death ;
– the right to request a restriction of processing ;
– the right to be forgotten and to erase one’s data ;
– the right to data portability ;
– a right to object ;
– a right to lodge a complaint with the CNIL ;
– where applicable, the right to withdraw their consent at any time, without affecting the lawfulness of the processing based on the consent carried out before the withdrawal of that consent.
108. To exercise their rights, the User may contact the Health Establishment, providing a copy of proof of their identity.
109. The contact details of the data protection officer appointed by the Health Establishment are accessible on request to the Health Establishment, to which the User may contact any questions concerning the processing of his or her Personal Data.
110. The Health Establishment, the Company and their technical service providers shall implement all security measures to guarantee the protection and security of Users’ data, in particular with regard to unauthorised access by a third party.
111. The User is informed of the existence of the “Bloctel” telephone canvassing opposition list on which he can register on the www.bloctel.gouv.fr website
112. The User guarantees to the Company that the Content that he transmits or stores via the Application :
i. are lawful and in line with the purposes of the Application and do not allow unlawful, fraudulent acts or acts contrary to applicable laws and regulations ;
ii. do not infringe the intellectual property rights of the Parties or third parties ;
iii. do not infringe the privacy of the Parties or third parties, the rights of the latter over their images and the provisions relating to the protection of their Personal Data ;
iv. do not have the effect of disrupting or preventing the normal use of the Application, in particular, of interrupting or slowing down the normal flow of communications between Users and the Healthcare Establishment through the Application.
113. The Company excludes any guarantee relating to the accuracy and relevance of the Content provided by the User or the Health Establishment via the Application. In particular, the Company does not guarantee that the Application, the Services and Content, will meet the requirements and expectations of the Users.
114. Under no circumstances can the Company guarantee to the Health Establishment or the User that the Application is error-free or will not be interrupted or broken down.
115. Concerning the staff of the Health Establishment using the Application, they guarantee the Parties :
i. that they hold diplomas, certificates or other titles enabling them to practise their profession in France ;
ii. that they have been authorised by the Health Establishment or any other person has created a Personal Account, when this authorisation is necessary ;
iii. that they access Personal Data, in particular health data, via the Application exclusively for their professional activities.
116. The Parties recognize the validity of the limits of liability provided for in this Article and shall refrain from calling them into question.
117. The Company is bound by an obligation of means in the context of the provision of the Application, Services and Content, and for all of its obligations.
118. The Company’s liability is limited to the compensation of direct and foreseeable damages suffered by the Parties related to the use of the Application.
119. The Company shall not incur any liability when the damage results from the acts, negligence or errors of the User, the Health Establishment or third parties, in particular the failure to comply with their obligations under these T&Cs.
120. In the event that false, inaccurate, misleading, incomplete or outdated information has been communicated during the creation of the Personal Account, the Company declines all liability for the use of the Application by this User.
121. In addition, any fraudulent use of the Company’s rights exposes the User to the suspension of access to the Application and, where applicable, to prosecution.
122. It is thus expressly agreed that the Company cannot be held liable for any damage that may be caused by a User, the Health Establishment or a third party as a result of :
– use of the Application that does not comply with these T&Cs, the regulations and, where applicable, applicable good professional practices ;
– illicit, fraudulent or abusive use or due to voluntary or involuntary disclosure to a third party of the Personal Account Identifiers ;
– unavailability or malfunction of networks (software or hardware) that are not exclusively and directly under the control of the Company ;
– breakdowns or damage resulting from the equipment of the Healthcare Establishment or Users or from the contamination of their information systems by viruses, attacks and malicious acts of third parties.
123. Finally, the Health Establishment and the User acknowledge and accept that the Company cannot be held liable under any circumstances for damage caused to the property they use for their professional purposes.
124. Each User remains liable for all damage that he or she may cause to the Company, the Health Establishment, other Users or third parties, in particular as a result of non-compliance with the T&Cs, regulations and, where applicable, applicable good professional practices.
125. The User is solely responsible for the choice to use the Application, the Services and Content, and for the adequacy to his needs, the security of his information system and the safeguarding of his data.
126. The User is fully and personally responsible for the use of the Application in particular, for all the Content that he transmits or stores via the Application, regardless of its nature, purpose or purpose. The opinions expressed through the Application by Users are their own and do not necessarily reflect those of the Company. Consequently, the Company cannot be held responsible for the said Content stored or transmitted by the User.
127. In any event, the Company cannot be held liable for the interpretation or use of the Content and information communicated through the Application, nor for the consequences resulting therefrom.
128. Each User acknowledges that he/she alone makes any decision based on the Services and the Content of the Application, if necessary with the intervention of the Health Establishment and the Healthcare Professionals, and that the Company assumes no responsibility for (i) a medical decision, (ii) the management of an emergency situation and (iii) the use of any information, having its source in the Services or Content offered via the Application.
129. The User acknowledges that the Company cannot be held liable for any material or immaterial damage, direct or indirect, nor for the resulting consequences, of its inability to have access to the Application, whatever the causes.
130. All hardware and software necessary for the use of the Application remain the exclusive responsibility of the User, who is therefore solely responsible for the proper functioning of his equipment and his access to the internet.
131. The User may at any time renounce the use of the Application and request the deletion of his Personal Account but remains responsible for any previous use.
132. The use of the Application by the Health Establishment does not in any way exempt or mitigate the latter from its professional obligations and its responsibilities, in particular medical and hospital responsibilities, towards its patient. All acts, services and decisions taken by the Health Establishment with regard to its patient, from the Application, are the exclusive responsibility of the Health Establishment and its staff.
133. The Health Establishment is responsible for complying with the terms and retention periods applicable to its patient’s medical file, observation sheets or any other document sent to it by the patient via the Application. It is the responsibility of the health establishment, where applicable, to ensure that the data it deems useful for the care of its patient are entered in the patient’s medical file. The healthcare establishment will therefore be particularly careful not to delete data useful for the monitoring of its patient, the exercise of its rights and the respect of its professional obligations, without having kept it elsewhere.
134. The use of the Application does not exempt the Health Establishment from implementing any procedure for monitoring, correcting and preventing errors relating to the organisation of patient care, in particular contributing to the control of the risk of error in the identification of persons.
135. The Health Establishment and its staff remain liable for any breach, whatever it may be, of their duties to inform and obtain consent towards the patient and the Users. Thus, it is the sole responsibility of the Health Establishment and its staff to inquire about the state of health of their patients, whether via the Application, or by any other appropriate means, particularly in the event of unavailability or malfunction of the Application.
The Company is in no way liable in the event of any dispute between Users and the Health Establishment related to the use of the Application and, in general, for any claim by Users.
In the context of these T&Cs, it is expressly understood that the Company does not act as a health professional.
The Company is not bound by any general obligation to monitor the state of health of Users.
As the Company is solely responsible for the provision of the Application, it cannot be held liable in the event of an error in the User’s medical follow-up by the Health Establishment. Consequently, the Company cannot engage its liability towards patients, its beneficiaries or any third party and does not process their claims.
136. Regardless of the relationships that the Health Establishment, the Health Professionals, and the User may have with each other, with professionals or other third parties, when using the Application, the Company is not a party to its relations and, consequently, cannot be held liable for any damage suffered by the Parties as a result of these relations.
137. Maela is a registered trademark. Any use of these trademarks without the prior written consent of its owner is prohibited.
138. With the exception of medical protocols for which the Health Establishment is exclusively responsible, the Application, as well as the Content and Services attached to it, are protected by intellectual property rights, held or claimed by the Company, with the authorization of the holders of these rights, if applicable.
139. These T&Cs do not in any way confer on the User any right of ownership over the Application, the Services and the Content.
140. The Company grants, on a personal basis, to Users the non-exclusive and non-transferable right to use the Application and the Content and Services related thereto. Nothing herein shall be construed as granting the User any title or intellectual property rights other than a private, personal, non-assignable and non-exclusive right of use.
141. The User undertakes not to use modified versions of the Application, in particular, with a view to obtaining unauthorized access to the Application. In particular, the User agrees not to access the Application by any means other than logging into his or her Personal Account.
142. And without the express prior authorisation of the Company, the User shall refrain from any reproduction, representation and use other than those referred to below, and in particular :
i. 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 for a fee, of all or part of the works, performances, and all elements protected or likely to be protected by intellectual property law reproduced within the Application ;
ii. Any link, access, modification, addition, deletion that relates to the Application.
143. Any form of use of the Content or Services in violation of the Company’s rights would constitute an infringement punishable in particular by Articles L.335-2 et seq. of the French Intellectual Property Code likely to expose the perpetrators of these acts to civil and criminal legal proceedings.
144. The User and the Health Establishment shall refrain from any act or act likely to directly or indirectly infringe the Company’s intellectual property rights.
145. The User undertakes, where applicable, to compensate the Company for any damage directly or indirectly related to non-compliance with these provisions.
146. The Society reserves the right to take all measures it deems appropriate to prevent or put an end to the infringement of its copyrights or the copyrights of third parties, without any liability being imputed to it as a result of such measures.
147. Any implementation of a link to the Application requires the express prior authorization of the Company, which can be requested at the following email address : contact-mns@careside.care
148. Of course, this authorisation does not apply to sites disseminating information of an illicit, violent, controversial, pornographic, xenophobic nature or which may offend the sensibilities of the majority of people. Finally, the Company reserves the right to have a hypertext link pointing to its Site removed at any time, if it considers it to be inconsistent with its editorial policy.
149. The Application may contain hypertext links to other websites over which the Company has no control. The Company does not check or select the content and hypertext links that may be linked to the Application and is in no way responsible for the content of the websites to which links are made, including the websites of the Health Establishment which are published under its full and exclusive responsibility.
150. Their presence does not in any way imply that the Company endorses or endorses their content or accepts any responsibility for the content or use of such third-party sites.
151. The User accesses third-party sites under his or her sole and entire responsibility, including when links have been proposed from the Application.
152. The Parties intend to lay down the rules relating to the evidence admissible between them in the event of a dispute and their probative value. The following stipulations thus constitute the evidentiary agreement between the Parties, who undertake to comply with this article.
153. In accordance with the provisions of articles 1366 et seq. of the Civil Code, any notification or communication between the Parties may be made by any electronic means. Thus, the User is fully informed that the Company may communicate information by any electronic means that can directly and indirectly be linked to the Personal Account.
154. The Parties agree that the means of identification, the connection data relating to actions carried out from the Application and, in particular, from the Personal Accounts used, are admissible in court and prove the data and facts they contain, as well as the signatures and identification processes they express. This applies to all information, archived or not, kept in the registers of the Company’s and its partners’ computer systems, in particular the certified host of personal health data.
155. It is agreed that clicking on the button “I have read and accept the General Terms and Conditions of Use of the Application manifests the User’s consent, previously identified by entering his/her Identifiers, and implies his/her acceptance of said conditions.
156. Any access to the Personal Account using the Identifiers is deemed to be made by the User. The User acknowledges and accepts that, after authentication, any expression of will through the use of the functionalities offered within the Application constitutes an electronic signature and/or manifests his consent by characterizing his proof.
157. Thus, the above-mentioned elements in electronic format or medium constitute evidence and, if they are produced as evidence by the Company, will be admissible, valid and enforceable in the same way, under the same conditions and with the same probative value as any document that is drawn up, received or kept in writing.
158. Evidence to the contrary may be adduced.
159. In all cases of force majeure, the Company is released from any liability, contractual or tortious, under any warranty or on any other basis, for any damage caused directly or indirectly by force majeure and is, consequently, not liable for any damages or indemnity in respect of its commitments made to the Users or the Health Establishment.
160. In addition to those usually held by the case law of the French courts and tribunals, the following cases are expressly considered to be cases of force majeure when they affect the execution of these Terms and Tribunals: fires, storms, lightning, strikes, floods, earthquakes, epidemics, attacks, explosions, wars, military operations or civil disturbances, the blockages of means of transport or supply, the cessation of energy supply, or the blocking of electronic communications, not foreseeable by the Company, calling into question the norms and standards of its profession.
161. In the event of temporary impediment due to force majeure, the obligations may be suspended for the duration of the force majeure event.
162. The Society will endeavour to resume its services as soon as possible.
163. The User is not authorised to transfer the rights he or she has pursuant to these T&Cs to a third party without the express prior authorisation of the Company.
164. The Company may freely transfer the contract, by any means, to a successor or to one of its subsidiaries within the meaning of Article L.233-3 of the French Commercial Code without being bound by any solidarity with the transferee subsidiary.
165. The User acknowledges that the fact that the Company tolerates a situation does not have the effect of granting the User acquired rights. Moreover, such tolerance cannot be interpreted as a waiver of the rights at issue.
166. If one or more provisions of the T&Cs are held to be null and void pursuant to a law, a regulation or following a decision that has become final by a competent court, the other provisions will retain their full force and scope.
167. The Parties are independent and may not enter into any commitment in the name and on behalf of the other. These T&Cs do not create any relationship of subordination, franchise, company or joint venture between them.
168. The Company reserves the right to have all or part of the services performed by any other company of its choice as a subcontractor.
169. The Application has been designed exclusively for Users residing in France. These T&Cs are governed by French law and will be executed and interpreted in accordance with French law.
170. Consequently, Users and Healthcare Establishments acknowledge that, in general, any information disseminated and/or exchanged therein is likely not to be consistent or appropriate outside of Users residing in France.
171. In the event of a dispute arising from the interpretation or execution of these T&Cs, or more broadly in connection with the Application, the User, the Health Establishment and the Company will endeavour, prior to any legal action, to find an amicable solution to their dispute as soon as possible.
172. In the absence of an amicable solution, the Courts of Lyon shall have sole jurisdiction, regardless of the User’s place of residence.
173. These T&Cs include the following appendices :
– Appendix 1 : Information Notices (consult here)
– Appendix 2 : the Privacy Policy (consult here)
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