Legal notice and general terms and conditions of use of the website

These General Terms and 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 code of ethical compliance applicable to doctors’ professional websites published on 30 January 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 who uses the Doctor’s Professional Website.
  • General Terms and Conditions of Use (GTCU): means these General Terms and Conditions of Use accepted by the User who irrevocably undertakes to comply with them.
  • Data: means the personal data provided by the User on the Business Website.
  • Doctor(s): means any healthcare professional as understood within the meaning of Article L. 4111-1 et seq. of the Public Health Code, responsible as the publisher of the content of the Professional Website and identified as such in accordance with the provisions of Law No. 2004-575 amended of 21 June 2004 on confidence in the digital economy, which requires a clear identification of the owner of the Website.
  • Professional Website: means the Doctor’s website directly related to the practice of his medical profession and developed in compliance with the charter of ethical compliance for professional websites of doctors issued by the National Council of the Order of Physicians (CNOM).

Article 2. OBJECT

2.1 The purpose of these General Terms and Conditions of Use is to define the conditions under which the Doctor 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 Code of Ethics Compliance applicable to professional websites of doctors of 30 January 2014, published by the CNOM.

2.2 The User declares that he/she has verified the suitability of the Professional Website for his/her own needs for medical information and contact with the Doctor and declares that he/she gives true, accurate and sincere information at the time of his/her identification on the Professional Website.

Article 3. DESCRIPTION OF THE SPEAKERS

3.1 The Doctor, for the sake of public orientation, refers on the Professional Website, as a professional plaque on the web, to his or her identity and professional qualification(s) as registered on the roll of the Order of Physicians.
He mentions his surname, first name and RPPS number, which are mandatory information of the Doctor on the Professional Website, in accordance with the provisions of Articles R. 4127-80 and R. 4127-81 of the Public Health Code.

3.2 The Doctor shall refrain from any method of paid referencing by search engines, in accordance with the provisions of Article R. 4127-19 of the 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 behave appropriately and respectfully towards other Users and is prohibited from using the Professional Website for copying and/or research purposes.

Article 4. TERMS OF ACCESS

4.1 The Professional Website is accessible 24 hours a day, 7 days a week, without the Doctor being able to guarantee this in full given the nature of the Internet network.

4.2 The Doctor cannot be held liable for the technical unavailability of the connection, whether due in particular to a case of force majeure within the meaning of French case law, to an obligation to maintain, update, modify the Professional Website, or intervene by the host of the Professional Website, network failure or misuse of the User’s computer.

Article 5. DOCTOR'S OBLIGATIONS

5.1 The Doctor shall display, 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’s public website which displays publications and ordinal recommendations relating to medical ethics on the web.

5.2 The Professional Website provides practical information on the address, specialty, recognised titles, mode of practice, the health establishments in which the Doctor is required to intervene, as well as access to and the situation with regard to social protection bodies.

5.3 The Doctor must mention the working hours, his membership of an approved management association (AGA), the conditions for drawing up estimates when the regulations for the discipline exercised require it and the territorial modalities of response to emergencies and permanence of care.

5.4 The doctor may provide, in the case of publications of health information, any explanation of a purely informative nature on diseases, prevention, treatments and techniques practised.
It presents objectively the advantages and possible disadvantages of procedures, prescriptions and interventions.
He does so in a simple and educational way, and indicates, if necessary, his sources of reference.
This public information can usefully complement the information that has been previously given to a patient during a consultation.
In this case, they can in no way be used to replace them.
The dates of publication and/or update must be mentioned.

5.5 The Physician, when he is unable to ensure regular updates of his professional Website, ensures that the information is then preferably delivered by the creation of links to information sites for the general public that have no commercial interest.

5.6 The Doctor assures that when the Professional Website publishes comments, images or photographs, that no identification of persons is possible and that these publications cannot be presented in such a way as to lead the User to believe that a result could be obtained, which would constitute deception, regardless of the medical or surgical field concerned.
As these are information sheets or technical sheets, they cannot replace oral information delivered during the patient’s consultation.
These sheets can be illustrated with diagrams and/or photos that must be made anonymous.

5.7 The Doctor does not advertise himself/herself, either directly or indirectly, on his/her professional Website, nor on behalf of organizations to which he/she may lend his/her assistance, in accordance with the provisions of Article R. 4127-20 of the Public Health Code.

5.8 The Doctor declares on his professional Website his links of interest with any firm related to the field of health and care and ensures that the confidentiality of the User’s Data is respected.
Where applicable, it specifies the financing of its professional Website and that of its maintenance.

5.9 The Doctor shall ensure, if there is an online agenda, an automated confirmation response so that the User can be assured that his or her appointment has been taken into account.
This online agenda allows the User to be reminded of the appointment by telephone, email or SMS.
The Doctor ensures the masking of appointments already made.

5.10 The configuration of the agenda, for security reasons, must be strictly limited to the making of appointments (surname, first name, telephone number, email address of the User) and may not include an expression area for the explanation of symptoms or for any other reason.
A perfectly legible associated announcement indicates a possible telephone contact in the event of a situation analysed as urgent or confusing for the User.

5.11 The contact icon may allow the User to send a message to the person responsible for the Business Website.
The User must be duly warned, by 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, the User’s email address as well as the content of his message could be read by a third party.

Article 6. USER RESPONSIBILITY

6.1.
L’Utilisateur assume toutes les conséquences, directes et/ou indirectes, de l’utilisation du Site Web professionnel qu’il utilise sous sa responsabilité exclusive.

6.2 Failure by the User to comply with its obligations under these General Terms and Conditions of Use will result in the right for the Doctor to bring any liability action against the User without prejudice to any damages that may be claimed from him.

Article 7. INTELLECTUAL PROPERTY

7.1 The content of the Professional Website is protected by law and in particular the provisions of the Intellectual Property Code.

7.2 The Physician remains the owner of the intangibles created on the Professional Website.
Any reproduction of articles, photographs, photos, logos, trademarks, tree structures, texts and other documents without the prior written consent of the Doctor, in the case of his or her 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.

Article 8. PERSONAL DATA

8.1 CNIL declaration

In accordance with Law No. 78-17 of 6 January 1978 relating to Information Technology, Data Files and Civil Liberties, the processing of Data by the Doctor has been declared to the CNIL.

8.2 Right of access, modification, rectification and deletion of the Data of the Dermatological Laser Center

In accordance with Article 39 of the Law of 6 January 1978, the User has the right to access, modify, rectify and delete his or her Data.
This right can be exercised with the Doctor.

8.3 Cookies

Cookies are small files containing data, including an identifier, transmitted by the business Website’s server to the User’s browser and stored on the hard drive of the User’s computer.
In particular, it allows the identification of the User, the personalization of his consultation of the Professional Website and the acceleration of the layout of the Professional Website.
The User acknowledges having been informed of this practice and authorises the Doctor and/or his/her host to proceed with it.
In any case, the content of these cookies is kept strictly confidential.

The User can configure his browser to accept these cookies, or to reject them or to ask him to accept them or not each time he connects to the Professional Website.

Article 9. DISPUTE RESOLUTION

9.1 Any dispute relating to the execution and/or interpretation of these General Terms and Conditions of Use shall be the subject of an attempt at conciliation or mediation prior to referral to a court in accordance with the provisions applicable since1 April 2015 of Decree No. 2015-282 of 11 March 2015 relating to the amicable resolution of disputes.

9.2 In the absence of an amicable agreement within forty-five (45) working days from the date of the dispute, the dispute shall be definitively submitted to the competent courts of the defendant.

Site Ownership

The Didon House

Conception

HealthCie:

Creative and SEO agency specializing in health.

The Digital Creator of the Medical Professions

www.healthcie.fr

Accommodation

Company 1&1 Internet SARL FRANCE

Registered office: 7, place de la Gare – 57200 SARREGUEMINES.
Limited liability company with a capital of 100,000 Euros,
registered in the Sarreguemines Trade and Companies Register under no.
431 303 775

www.1and1.fr

Scroll to Top