Legal notice & General terms of use (CGU) of the website
The present 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 doctors’ professional websites published on January 30, 2014 by the CNOM.
Article 1. DEFINITIONS
The terms defined below, whether in the singular or plural, have the following meaning:
- User(s): means any natural person using the Physician’s Professional Website.
- General Conditions of Use (GCU): means the present General Conditions 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 editor of the content of the Professional Website and identified as such in accordance with the provisions of law no. 2004-575 amended on June 21, 2004 for confidence in the digital economy, which requires clear identification of the website owner.
- Professional Website: means the Physician’s website directly related to the practice of his or her medical profession and developed in compliance with the ethical compliance charter for physicians’ professional websites issued by the Conseil National de l’Ordre des Médecins (CNOM).
Article 2. PURPOSE
2.1 The purpose of these General Conditions of Use is to define the conditions under which the Physician informs the User of his professional activity on the internet in compliance with the provisions of the White Paper ” Medical ethics on the web ” of December 2011 and the deontological compliance charter applicable to physicians’ professional websites of January 30, 2014, published by the CNOM.
2.2 The User declares that he/she has checked the suitability of the Professional Website for his/her own needs for medical information and contact with the Physician and declares that he/she has given real, accurate and sincere information at the time of his/her identification on the Professional Website.
Article 3. DESCRIPTION OF PRACTITIONERS
3.1 The Physician, for the proper orientation of the public, refers on the Professional Website, as a professional nameplate on the web, to his identity and his professional qualification(s) as registered on the roll of the Order of Physicians. He mentions his surname, first name and RPPS number, which are compulsory details of the Doctor 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 Doctor is prohibited from any paid referencing by search engines, 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 is also prohibited, as is the online publication of Users’ opinions.
3.3 The User undertakes to behave appropriately and respectfully towards other Users and refrains from using the Professional Website for copying and/or research purposes.
Article 4. TERMS AND CONDITIONS OF ACCESS
4.1 The Professional Website is accessible 24 hours a day, 7 days a week, although the Doctor cannot fully guarantee this due to the nature of the Internet network.
4.2 The Physician shall not be held liable for any technical unavailability of the connection, whether this is due to force majeure as defined by French case law, an obligation to maintain, update or modify the Professional Website, an intervention by the Professional Website host, a network failure or misuse of the User’s computer.
Article 5. OBLIGATIONS OF THE PHYSICIAN
5.1 The Physician provides, on the home page of his or her Professional Website, a link to the directory of the CNOM website and a link to the dedicated page on the CNOM public website which displays the publications and recommendations of the CNOM relating to medical ethics on the web.
5.2 The Professional Website provides practical information on the Physician’s address, specialty, recognized titles, mode of practice, health establishments in which the Physician works, as well as access and status with regard to social protection organizations.
5.3 The Doctor must mention working hours, his or her membership of an approved management association (AGA), the conditions for producing estimates when required by the regulations for the discipline practiced, and the territorial arrangements for responding to emergencies and for on-call care.
5.4 In the case of health information publications, the physician may provide explanations of a purely informative nature concerning diseases, prevention, treatments and techniques used. He presents the advantages and possible disadvantages of procedures, prescriptions and interventions in an objective manner. It does so in a simple and educational way, and indicates, where appropriate, its reference sources. This public information can be a useful complement to that given to a patient during a consultation. In this case, it is never intended to replace it. The dates of publication and/or updating must be mentioned.
5.5 When the Physician is not in a position to ensure regular updates of his Professional Web Site, he will ensure that information is preferably provided by creating links to information sites for the general public which have no commercial interest.
5.6 When the Professional Website publishes statements, images or photographs, the Physician ensures that no identification of persons is possible and that these publications are not presented in such a way as to lead the User to believe that a result could be obtained, which would constitute deception, whatever the medical or surgical field concerned. In the case of information or technical sheets, these cannot replace oral information given during the patient’s consultation. These sheets may be illustrated with diagrams and/or photos, which must be kept anonymous.
5.7 The Doctor does not engage in any direct or indirect advertising of himself on his professional Website, nor on behalf of organizations to which he may lend his assistance, in accordance with the provisions of article R. 4127-20 of the French Public Health Code.
5.8 The Doctor declares on his Professional Web Site any links of interest with any firm connected with the health and care sector, and ensures that the confidentiality of User Data is respected. Where applicable, he/she specifies the financing of his/her Professional Website and that of its maintenance.
5.9 If an online diary is available, the Doctor will provide an automated confirmation response to ensure that the User’s appointment has been taken into account. This online diary allows the User to be reminded of the appointment by telephone, e-mail or SMS. The Doctor ensures that appointments already booked are hidden from view.
5.10 For security reasons, the configuration of the diary must be strictly limited to making appointments (surname, first name, telephone number, e-mail address of the User) and may not include an expression zone for the explanation of symptoms in particular or for any other reason. A perfectly legible associated announcement indicates a possible telephone contact in the event of a situation analyzed as urgent or confusing for the User.
5.11 The contact icon allows the User to send a message to the person in charge of the Professional Website. The User must be duly warned, via a pop-up or any other perfectly legible means, that these messages are not read in real time and that this is not a means of obtaining information of a medical nature. The User must also be warned, by the same means, that the contact address is not a secure address and that, consequently, both the User’s e-mail address and the content of his/her message could be read by a third party.
Article 6. RESPONSIBILITY OF THE USER
6.1. The User assumes all consequences, direct and/or indirect, of the use of the Professional Website which he/she uses under his/her exclusive responsibility.
6.2 Failure by the User to comply with his or her obligations under these General Terms of Use shall entitle the Physician to take any and all liability action against the User, without prejudice to any damages that may be claimed from the Physician.
Article 7. INTELLECTUAL PROPERTY
7.1 The content of the Professional Website is protected by law and in particular by the provisions of the French Intellectual Property Code.
7.2 The Doctor remains the owner of the intangible elements created on the Professional Website. Any reproduction of articles, photographs, photos, logos, brands, tree structures, texts and other documents without the prior written authorization of the Doctor, being his own intellectual creations covered by copyright within the meaning of article L. 112-2 of the Intellectual Property Code, would consequently constitute an infringement punishable by articles L. 335-2 et seq. of the same code.
Article 8. PERSONAL DATA
8.1 CNIL declaration
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the processing of Data by the Physician has been declared to the CNIL.
8.2 Right to access, modify, rectify and delete Data at the Centre lasers dermatologiques
In accordance with article 39 of the French Data Protection Act of January 6, 1978, the User has the right to access, modify, rectify and delete his or her 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 hard disk. In particular, it enables the User to be identified, to personalize his or her consultation of the Professional Website and to speed up the layout of the Professional Website. The User acknowledges that he has been informed of this practice and authorizes the Doctor and/or his host to proceed with it. In any event, the content of these cookies is kept strictly confidential.
The User may configure his/her browser to accept or reject these cookies, or to ask him/her to accept or reject them each time he/she connects to the Professional Website.
Article 9. SETTLEMENT OF DISPUTES
9.1 Any dispute relating to the performance and/or interpretation of these General Terms and Conditions 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 April1, 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) working days of the dispute being ascertained, the latter will be definitively submitted to the competent courts of the defendant.
Site ownership
DOCTEUR CECILIA FILIPPINI
Design
HealthCie :
Creative and SEO agency specialized in healthcare.
Le Créateur Digital des Professions Médicales
Hosting
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registered with the SARREGUEMINES trade and companies register under no. 431 303 775.
HEALTHCIE | Le créateur digital des professions médicales