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TERMS AND CONDITIONS OF USE
IMPORTANT NOTES
MEDISSIMO® DOES NOT PROVIDE MEDICAL ADVICE OF ANY KIND.
THE WEB APPLICATIONS MEDISSIMO PHARMACIEN, MEDISSIMO ETABLISSEMENT AND THE MOBILE APPLICATIONS MEDISSIMO AIDANT, MEDISSIMO INFIRMIERE, KIMED AND THE ASSOCIATED SERVICES ARE INTENDED TO ASSIST USERS WITH MEDICATION COMPLIANCE, BUT IN NO CASE DO THEY CONSTITUTE A PRESCRIPTION NOR ARE THEY INTENDED TO PROVIDE INFORMATION, OPINIONS, MEDICAL OPINIONS OR ADVICE ON MEDICATIONS AND TREATMENTS.
THE WEB APPLICATIONS MEDISSIMO PHARMACIEN ET ÉTABLISSEMENT, MOBILE MEDISSIMO AIDANT AND MOBILE MEDISSIMO INFIRMIERE ARE NOT MEDICAL DEVICES, AND ARE NOT INTENDED FOR THE DIAGNOSIS, PREVENTION, CONTROL, TREATMENT OR ALLEVIATION OF DISEASE, INJURY OR DISABILITY, THE STUDY, REPLACEMENT OR MODIFICATION OF ANATOMY OR PHYSIOLOGICAL PROCESSES, THE CONTROL OF DESIGN OR THE ANALYSIS OF PHYSIOLOGICAL SIGNAL DATA.
THE KIMED SOLUTION (INCLUDING THE KIMED MOBILE APPLICATION) IS A CLASS I MEDICAL DEVICE, COMPLIANT WITH EUROPEAN REGULATION 2017/745 ON MEDICAL DEVICES OF APRIL 5, 2017.
MEDISSIMO® RECOMMENDS THAT YOU CONSULT A HEALTHCARE PROFESSIONAL, AND THAT YOU COMPLY IN ALL CASES WITH THE PRESCRIPTIONS, ADVICE, OPINIONS AND RECOMMENDATIONS PROVIDED BY THE MEDICAL STAFF RESPONSIBLE FOR YOUR PATIENT'S MEDICAL CARE.
YOU MUST READ AND ACCEPT THESE TERMS AND CONDITIONS OF USE ("CGU") CAREFULLY BEFORE DOWNLOADING, ACTIVATING AND/OR USING MEDISSIMO APPLICATIONS.® APPLICATIONS AND RELATED SERVICES. IF YOU DO NOT ACCEPT THE CGU, YOU WILL NOT BE ABLE TO USE OR ACCESS THE MEDISSIMO®.
USING MEDISSIMO® PILLBOXES® IS NOT REQUIRED TO USE MEDISSIMO®. HOWEVER, MEDISSIMO® APPLICATIONS HAVE BEEN DESIGNED TO WORK WITH MEDISSIMO®. CONSEQUENTLY, USERS ACKNOWLEDGE AND ACCEPT THAT THE OPERATION OF MEDISSIMO® APPLICATIONS AND SERVICES WILL NOT BE OPTIMAL/ADAPTED IF PILLBOXES OTHER THAN MEDISSIMO® ARE USED. IF THE MEDISSIMO PHARMACIST WEB APPLICATION IS USED WITHOUT THE MEDISSIMO®PILLBOXES, THE MEDISSIMO PHARMACIEN PREMIUM RATE MAY BE APPLIED (SEE RATES).
THE CGU INCLUDES IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND REMEDIES, AS WELL AS MEDISSIMO'S DISCLAIMERS OF LIABILITY.®.
WE DRAW YOUR PARTICULAR ATTENTION TO THE MEDISSIMO DATA PROTECTION AGREEMENT AND SECURITY POLICY® ANNEXES TO CGU.
Services accessible via MEDISSIMO Applications®are provided by MEDISSIMO®a simplified joint stock company with capital of €2,525,000, registered in the VERSAILLES Trade and Companies Register under number RCS B 434 856 209, whose registered office is located at TECHNOPARC, 8, rue Charles Edouard Jeanneret - 78300 POISSY, and whose Intracommunity VAT number is FR22434856209 (" MEDISSIMO® " ).
MEDISSIMO® can be contacted by telephone: 01.30.06.30.06, by e-mail: client@medissimo.fr, and by post at the above address. The Platform's publishing director is Mrs Caroline Blochet.
The Platform is hosted by GROUPE PSIH (" GROUPE PSIH "), a simplified joint stock company with capital of 1,000,000 euros, having its registered office at 77 BOULEVARD MARIUS VIVIER MERLE 69003 LYON, registered in the LYON Trade and Companies Register under number 419 097 654.
GROUPE PSIH is a certified health data host in accordance with the provisions of article L. 1111-8 of the French Public Health Code, and can be contacted by telephone: 04 26 10 06 30, by e-mail: contact@groupepsih.com, and by post at the above address.
Each of the terms mentioned below has the following meaning:
" Assistance ": Assistance services corresponding to Level 1 Maintenance provided by MEDISSIMO®in particular for the initial start-up and configuration of MEDISSIMO®Applications, and their day-to-day use.
" Anomaly ": Any non-conformity or reproducible defect in the MEDISSIMO®Applications, irrespective of misuse.
" Medissimo Pharmacien Web Application ": The "Medissimo Pharmacien" web application, a non-downloadable software application, executable on the web (via the Internet), intended for Pharmacist Users.
" Medissimo Etablissement Web Application ": The free web application "Medissimo Etablissement", a non-downloadable application software, executable on the web (via internet), intended for Nurse Users authorized by the Pharmacist.
" Medissimo Aidant Mobile Application ": The free "Medissimo Aidant" mobile application, a software application that can be downloaded and run on the cell phone via the Application Store, intended for family caregivers and users authorized by the pharmacist.
" Medissimo Infirmière Mobile Application ": The free "Medissimo Infirmière" mobile application software, which can be downloaded and run on the Mobile via the Application Store, intended for use by independent nurses authorized by the Pharmacist.
" Kimed Mobile Application ": The free "Kimed" mobile application software, downloadable and executable on the Mobile via the Application Store, intended for patient Users authorized by the Pharmacist.
It being specified that the Medissimo Pharmacien Web Application and the Medissimo Etablissement Web Application are together referred to as the " Web Applications ", and that the Medissimo Aidant Mobile Application, the Medissimo Infirmière Mobile Application and the Kimed Mobile Application are together referred to as the " Mobile Applications ".
" MEDISSIMO® Applications ": The mobile and web applications of the MEDISSIMO® Platform: (i) Web Application Medissimo Pharmacien, (ii) Web Application Medissimo Etablissement, (iii) Mobile Application Medissimo Aidant, (iv) Mobile Application Medissimo Infirmière and (v) Kimed. The Medissimo Etablissement Applications and the Medissimo and Kimed mobile applications are linked to the existence of Account(s) created by a Pharmacist within the Medissimo Pharmacien Web Application. The Medissimo Etablissement applications and the Medissimo and Kimed mobile applications cannot be used independently of the Medissimo Pharmacien Web Application.
" Account ": The account relating to each User of the MEDISSIMO® according to their Profile.
" Documentation ": The presentation documents and user manuals relating to the MEDISSIMO®.
" Observance Data ": Data used to quantify compliance with a medication, generated by the MEDISSIMO® from data and content entered by Users and which are distinct from it.
" Intellectual Property Rights ": All intellectual property rights attached to the MEDISSIMO® and the Services of which MEDISSIMO® is the owner or for which it benefits from a license, in particular those attached to trademarks, brand names, distinctive signs, commercial names, drawings, models, corporate names, documents, as well as to the visual identity and/or graphic charter, to all databases under the sui generis right of the database producer and copyright, in particular concerning the Compliance Data, to the domain names of the MEDISSIMO®Applications, all their architecture, graphic, textual and/or media content, and the databases making them up under the sui generis rights of the database producer and copyright.
" Medical-social establishment ": The establishment in which the patient is cared for, where applicable.
" MEDISSIMO® equipment " means the equipment supplied by MEDISSIMO® to the User Pharmacist under the terms of a separate contract of sale, rental and/or provision, intended to be used exclusively (i) in connection with the MEDISSIMO®Pill Dispensers, and (ii) in the Territory.
MEDISSIMO equipment® are as follows:
" Professional Virtual Space ": The private and secure space within the Medissimo Pharmacien Web Application, edited by the Pharmacist under his exclusive responsibility and in compliance with his contractual/professional obligations, in particular with regard to the data entered, including patient data.
" Application Store " : Platforms for downloading and managing APPLE (the App Store) or GOOGLE (Google Play Store) mobile applications.
" Corrective Maintenance ": Level 2 Maintenance services consisting of the correction or bypassing of Anomalies (and in particular the deployment of security patches and application fixes) provided by MEDISSIMO®.
" Electronic equipment ": Any information processing system (computer, smartphone, etc.) with Internet access and capable of running (non-downloadable) web applications via the Internet.
" Mobile ": mobile device running Android or iOS (such as smartphones, tablets, etc.), enabling mobile applications to be installed and run, downloadable from an Application Store.
" MEDISSIMO® Pill dispenser(s): Single-use pill dispenser(s), prepared and secured in the pharmacy using the "Medissimo Pharmacien" Web application, enabling healthcare professionals to promote the proper use of medication. In agreement with the pharmacist, the application can be used to track pillboxes prepared by nurses.
" Preparer ": Any Pharmacist preparing pillboxes, and any individual authorized by the Pharmacist, preparing pillboxes, under the direction and responsibility of a Pharmacist.
" MEDISSIMO® Services ": The services of hosting, providing access to and using the MEDISSIMO®Applications, as well as Support and Maintenance services.
" Healthcare professional(s) ": Anyone working as a pharmacist or nurse:
" Pharmacist " means any natural person legally practicing the profession of pharmacist, who holds a doctorate in pharmacy and a pharmacy license in accordance with applicable regulations, in particular the French Public Health Code,
"Nurse ": Any natural person legally exercising the profession of nurse, holding a diploma, certificate or title required by the applicable regulations, in particular the Public Health Code.
" Digital Platform ": All computer and/or telecommunications equipment, including the Server, used by MEDISSIMO® to host and/or make available the MEDISSIMO®.
" Profiles ": The different types of Users authorized to use one of the MEDISSIMO® according to their profile, namely :
The use of the Medissimo Infirmière, Medissimo Etablissement, Medissimo Aidant and Kimed Applications by Nurse, Patient and Caregiver Users, allowing access to patient data, must be authorized via the Medissimo Pharmacien Web Application by the Pharmacist User, who is solely responsible for granting these authorizations as well as access to data on the Medissimo Pharmacien Web Application, with the patient's express prior written consent.
" Regulations ": all French legislative and regulatory provisions relating to the protection of personal data, and in particular Law no. 78-17 of January 6, 1978 known as the "Loi informatique et Libertés", European Regulation no. 2016/679 known as the "RGPD" and the relevant provisions of the French Public Health Code, in particular Article L. 1110-4.
" Services: The aim of MEDISSIMO Applications® Applications is to assist in monitoring medication compliance, thanks to the following services provided by MEDISSIMO® to Users (according to their respective Profiles) via the MEDISSIMO®Applications, and detailed in the Documentation :
" Server ": The computer equipment connected to the Internet and hosting the MEDISSIMO®. All MEDISSIMO® applications are hosted on the servers of the service provider GROUPE PSIH, an approved "Hébergeur de Données de Santé" (Health Data Host) (article L. 1111-8 of the French Public Health Code and the decree of January 4, 2006 concerning the hosting of personal health data).
" Territory ": France (including DROM-COM) and the European Union.
" User ": Any natural person authorized to use the MEDISSIMO® corresponding to his/her Profile.
Downloading, accessing, activating, consulting and using the MEDISSIMO® Applications and Services are subject to your full and unreserved acceptance :
The current version of the GCU can be consulted in the "Help" section for the Medissimo Pharmacien and Medissimo Etablissement Web Applications, and in the "Legal Notices" section for the Medissimo Aidant, Medissimo Infirmière and Kimed Mobile Applications, as well as online at the following address: https ://www.medissimo.fr/cguv20231006.
MEDISSIMO® reserves the right to modify the GCU at any time. In the event of substantial modification, the User will be informed in advance THIRTY (30) days in advance by means of a notification when the MEDISSIMO®. By continuing to use the MEDISSIMO® Applications after modifications to the GCU have come into force, the User is deemed to have accepted the new version of the GCU. The date of the last revision of the GTCU appears at the bottom of the page.
Updates to the MEDISSIMO® Applications may be provided by the Application Store and/or carried out in conjunction with Internet browsers. Depending on the update, the User may be required to download/run a new version of the MEDISSIMO®Applications, and to accept the GCU again, in order to continue using the MEDISSIMO®.
MEDISSIMO® Applications® Applications are accessible to Users under the following conditions (cumulative conditions for each MEDISSIMO®) :
| Medissimo Pharmacist web application | Payment of fees for access to the Services, in accordance with MEDISSIMO's financial conditions.® | Functional electronic equipment |
Good quality internet connection (unless otherwise stipulated for certain Services) |
| Medissimo Etablissement web application | Use of the Medissimo Pharmacien Web Application by a pharmacist for the patient concerned | ||
| Mobile Applications | Use of the Medissimo Pharmacien Web Application by a pharmacist for the patient concerned | Functional mobile |
All fees and costs whatsoever relating to access to the MEDISSIMO® Applications are the sole responsibility of the User, who is solely responsible for the proper functioning of his or her Hardware/Mobile and Internet access. In this respect, the User is informed that access to MEDISSIMO® Applications and to use the Services requires a good quality internet connection.
Furthermore, in order to use all the Mobile Application Services, the User must authorize MEDISSIMO®via the MEDISSIMO®Applications, to use the following functions of his Mobile:
| Mobile Applications | Camera (flash QR code) | SMS / push notifications | Geolocation / GPS | Internal memory / Mobile data |
Required information: surname, first name, e-mail address, FINESS number of the pharmacy and RPPS number of the pharmacist.
In the event that the Pharmacist User ceases his activity, either temporarily or permanently, he undertakes to cease all use of the Medissimo Pharmacist Web Application and to inform MEDISSIMO® as soon as possible.
Required information: RPPS number, surname, first name and e-mail address.
If the patient User is a minor or incapable, it is the responsibility of the legal representative to act in his/her name and on his/her behalf on the Medissimo Aidant or Kimed Mobile Application, including granting any authorization.
The Pharmacist must then fill in, under his/her sole responsibility, the mandatory fields required for the creation of the Professional Virtual Space and the User Accounts he/she authorizes and creates for the Medissimo Etablissement, Mobile Medissimo Aidant, Mobile Medissimo Infirmière and Kimed Web Applications.
The User undertakes to provide accurate and truthful information, which the Pharmacist must ensure is correct. In the event of a change in the information provided, the User undertakes to inform the Pharmacist immediately, and the Pharmacist undertakes to modify the data in the Account and/or the Professional Virtual Space as soon as possible.
As part of the registration and/or connection process, as the case may be, the User accepts the GCU by ticking the appropriate box. The Pharmacist must create and validate an email ID and password when registering on the Medissimo Pharmacien Web Application, and will then receive an email containing a 6-digit OTP code, to be entered when logging in for thefirst time, confirming the accuracy of his or her email address.
User IDs and passwords are personal and confidential. The User is solely responsible for his login and password. The User undertakes to do everything in his power to keep his login and password secret and not to divulge them in any form whatsoever. The User must inform MEDISSIMO® without delay if he/she notices a security breach, linked in particular to the deliberate communication or misappropriation of his/her login and/or password, so that MEDISSIMO® can immediately take all appropriate measures to remedy the security breach. In the event of loss or misappropriation of an identifier and/or password, the User undertakes to notify MEDISSIMO® as soon as possible. MEDISSIMO® will then deactivate the User's account and send the User a link to reset his or her password by e-mail to the address provided by the User.
By using MEDISSIMO®Applications, the User confirms that :
The User acknowledges and accepts that the Services offered by MEDISSIMO® on the MEDISSIMO® Applications are limited to the functionalities described in the Documentation.
MEDISSIMO® may take any organizational or developmental measures, particularly of a technical nature, likely to improve the MEDISSIMO®in compliance with its contractual commitments.
MEDISSIMO® DOES NOT PROVIDE MEDICAL ADVICE, AND THE SERVICES PROVIDED BY MEDISSIMO® ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE.
The indications given by MEDISSIMO® are provided for information purposes only. MEDISSIMO® recommends that Users refer in all cases to the information leaflets supplied with prescribed medication as well as to the medical advice and prescriptions given by Healthcare Professionals, such documents and information taking precedence in all cases over the information provided by the MEDISSIMO ® Applications.®.
MEDISSIMO® does its utmost to provide the User with access to the MEDISSIMO® Applications 24 hours a day, 7 days a week, subject to the following.
Access to MEDISSIMO® Applications and use of the Services requires a good quality internet connection, in particular for the Medissimo Pharmacien Web Application, for which the User is solely responsible. Consequently, in the event of a weak/poor quality internet connection, access to the MEDISSIMO® Applications and/or Services may be impaired, which the User acknowledges and accepts.
MEDISSIMO services® and/or the MEDISSIMO® may be disrupted for reasons related to force majeure, technical measures on MEDISSIMO®data providers or network operators that are necessary for the proper functioning or improvement of the Services (e.g., maintenance, repair, software updates, expansion), temporary overloads due to peak loads of the Services or disruptions in the telecommunications systems of third parties.
MEDISSIMO® may, in particular, at any time, without being held liable :
MEDISSIMO® is released from any responsibility in the event of disturbances and/or impossibility of access to the MEDISSIMO® Applications and/or Services due to a case of force majeure, within the meaning of article 1218 of the French Civil Code, or due to an event beyond its control (in particular problems with the User's equipment and/or Internet access, technical hazards, disruption of the Internet network, etc.).
As part of the Services, MEDISSIMO® hosts the MEDISSIMO®Applications and the data entered therein by Users. Given the nature of the data that will be processed as part of the use of the MEDISSIMO® Applications and the legislation applicable to the hosting of health data, data hosting is provided by a certified host within the meaning of article L. 1111-8 of the French Public Health Code.
This service is invoiced quarterly, according to current rates.
Users can report anomalies to MEDISSIMO®MEDISSIMO ® undertakes to correct them, on a best-efforts basis, and in accordance with the terms and conditions set out in the GCU.
MEDISSIMO® undertakes to provide Support and Maintenance Services for MEDISSIMO® applications:
Assistance and Maintenance Services expressly exclude the User's electronic and/or mobile equipment, MEDISSIMO®Equipment, Pill Pills and/or MEDISSIMO® Secure Pill Pills, and, in general, all elements whose origin is unrelated to the MEDISSIMO®Services and Applications, as well as services not included (upgrade services outside the common core, etc.).
Assistance and/or Maintenance Services may be subject to additional invoicing.
Assistance and Maintenance can take place :
All requests must include the necessary information to enable MEDISSIMO® to deliver the Assistance and Maintenance Services. In this respect, Pharmacists authorize MEDISSIMO® to connect, if necessary, to the Account(s) and/or Professional Virtual Space so that it can provide the Assistance and/or Maintenance Services required. Interventions are carried out during the following opening hours: Monday to Friday, 9am to 6pm.
The Medissimo Pharmacien Web Application is compatible with a large number of players in the LGO and LGS market.
Medissimo Pharmacien Web Application can be interfaced with pharmacy practice management software and institutional care management software used by the Pharmacist User. This interface secures the medication circuit and limits the risks associated with retranscription. Depending on the LGO/LGS used, the interface can be used to import and/or export patient identification data (surname, first name, NIR, date of birth) and prescriptions (CIP code, dosage, batches and expiration dates).
For the installation of the interfaces between the LGO/LGS and the Medissimo Pharmacie Web Application, in pharmacies and/or health establishments, the installation and maintenance costs and the payment of fees for access to the Services will be established in accordance with the MEDISSIMO® financial conditions (Appendix 1).
Some LGO-LGS publishers may also charge installation and/or maintenance fees, which remain the responsibility of the Pharmacist User.
As the flows and software of the various LGO-LGS publishers may evolve, MEDISSIMO® cannot be held responsible for ensuring the continuity of interfacing services between the LGO/LGS and the Medissimo Pharmacien Web Application, in any form or within any timeframe whatsoever.
In the event of LGO/LGS evolution/modification, MEDISSIMO® may, at the request of the Pharmacist-User, study the possibility of adapting the interface, and, subject to its feasibility, offer to make said adaptation to the Pharmacist-User. Where applicable, additional charges will be applied, in accordance with the estimate communicated in advance by MEDISSIMO®and in accordance with MEDISSIMO® financial conditions (Appendix 1).
It is reminded, as necessary, that MEDISSIMO® holds and/or benefits from a license for the use of all intellectual property rights to the elements of the MEDISSIMO® Applications and/or the Services, including all copyrights to the documents and information contained in the MEDISSIMO® Applications and the sui generis right of the database producer with regard to the Observance Data.
Consequently, the User acknowledges that he/she benefits solely, within the framework of the MEDISSIMO®Applications, a personal and non-exclusive license to use the MEDISSIMO®Applications, strictly limited to use in accordance with the GTCU, and in no way constituting any transfer or sale of Intellectual Property Rights (the " License "). The License is non-transferable and non-assignable by the User.
The User may not claim any other right to the Intellectual Property Rights, which he expressly acknowledges and accepts, and :
The User also agrees not to :
MEDISSIMO's obligations® under the MEDISSIMO® are obligations of means only.
MEDISSIMO® assumes no other responsibility for, and provides no warranty in respect of, MEDISSIMO® Applications and Services (including content, functionality, reliability, availability, and/or their ability to meet the User's needs) other than as provided by applicable law.
Without prejudice to mandatory legal or regulatory provisions, if the User is a professional and not a consumer, MEDISSIMO® for consequential or indirect damages, loss of profit, loss of sales, loss of opportunity or damage to brand image is expressly excluded. MEDISSIMO® under the GCU, if the User is a professional, shall not exceed FOUR THOUSAND EUROS (€4,000).
Within the limits of applicable regulations, and for professional Users only, MEDISSIMO® assumes no responsibility for the accuracy, timeliness or security of the data and information contained in and processed by the MEDISSIMO®Applications, and shall not be held liable for (i) the consequences of malfunctions, interruptions or functional limitations of the MEDISSIMO®Applications, and/or (ii) errors, omissions, inaccuracies, mistakes or misconduct on the part of Users, in particular concerning the input of data into the MEDISSIMO® and their storage.
In addition, MEDISSIMO® Applications may contain links to independent third-party websites or applications, or functions allowing access to independent third-party programs or content, for which MEDISSIMO® is not responsible for and makes no representations or warranties as to their content, reliability, nature or quality, or as to their compliance with applicable regulations, including those relating to the protection of personal data. Any interaction and/or use of such third-party sites by the User is his/her sole responsibility and MEDISSIMO® in any way whatsoever.
Limitations of liability do not apply in cases of intent or malice.
In any case, and without prejudice to mandatory legal or regulatory provisions, MEDISSIMO® cannot be held liable in the following cases:
The User undertakes to comply with all (i) applicable legal and regulatory provisions, and (ii) the GCU.
The User is solely responsible for (i) taking all necessary steps to guarantee access to the MEDISSIMO®Applications, including a good quality Internet connection and access to Electronic/Mobile Equipment, and (ii) for the accuracy and currency of the data entered in the MEDISSIMO®Applications, as well as their backup.
Pharmacovigilance. In addition, it is the responsibility of Users, patients, caregivers, healthcare professionals and medical-social establishments, to report any adverse reaction suspected of being due to a medicine or product mentioned in article L. 5121-1 of the French Public Health Code of which they are aware. Any report of an undesirable health event, including adverse reactions suspected of being due to a drug or product mentioned in Article L. 5121-1 of the French Public Health Code, can be made via the "signalement-sante.gouv.fr" website.
The use of MEDISSIMO®Pillboxes, Equipment and/or Applications, as well as the Services, in no way allows Healthcare Professionals, Medical-Social Establishments and/or those in contact with Patient-Users to exonerate themselves from their responsibility towards Patient-Users. Healthcare Professionals and Medical-Social Establishments remain, in any event, responsible for the medical opinions and advice they provide, and must verify the accuracy of the information and data provided by the Services and/or MEDISSIMO®. In general, each Healthcare Professional and Medical-social Establishment undertakes to use the MEDISSIMO® (i) in compliance with the laws, regulations and rights of third parties, and (ii) in a loyal manner and in accordance with their intended purpose, in compliance with the GCU and the applicable regulations, in particular with respect to the exercise of their profession, including in particular all related ethical rules.
In particular, the healthcare professionals and medical-social establishments undertake to comply with all regulatory provisions. In this respect, each Healthcare Professionals and Medical-Social Establishments declares that it has fulfilled all its obligations with regard to the implementation, under its responsibility, of the Regulations concerning the processing of data within the framework of its use of the MEDISSIMO®Applications, in particular concerning its patients and staff.
Healthcare professionals and medical-social establishments are committed to working closely with MEDISSIMO®and undertake in particular to :
Interoperability : MEDISSIMO Applications® applications can enable data exchange with other applications used by healthcare professionals (care management software in EHPAD, pharmacy management software in pharmacies, etc.). These data exchanges are triggered by the Healthcare Professional in the MEDISSIMO® Application, and under his or her sole responsibility. Information from third-party software imported into MEDISSIMO® Applications must be checked by the Healthcare Professionals who use them. Similarly, Healthcare Professionals using MEDISSIMO® Applications are responsible for the data they validate in these Applications and send to third-party software.
The User is free to stop using the Applications at any time.
For the Medissimo Pharmacien Web Application, no reimbursement will be made in the event of cessation of use during a billing period: any billing period started is due in full. The billing period is defined in Appendix 1.
Account deactivation must be requested from the Pharmacist and/or MEDISSIMO®depending on the User Profile.
Deactivation of the Account will result in the impossibility of accessing the Applications and Services. The Pharmacist may recover data and content and/or request their deletion if he/she so wishes, by sending a written request to this effect to MEDISSIMO®.
Without prejudice to its other rights and remedies, MEDISSIMO® reserves the right to terminate the MEDISSIMO®in particular:
In the event of non-payment by the Pharmacist of a single fee on its due date, MEDISSIMO® may, by operation of law :
At the end of this period, MEDISSIMO® may notify the Pharmacist of the suspension by e-mail with a request for confirmation of receipt.
Cancellation will be effective upon receipt of the cancellation letter. The MEDISSIMO® Applications and Services remain accessible until this date. No refund will be granted in the event of termination during a billing period: any billing period started is due in full. The billing period is defined in Appendix 1.
Termination results in the cessation of the Services, the License and access to the MEDISSIMO®.
The Pharmacist may retrieve data and content and/or request their deletion if he/she so wishes, by sending a written request to this effect to MEDISSIMO®.
If the User considers that his/her account and/or access to the MEDISSIMO® Applications have been suspended, deleted or terminated in error, the User may contact MEDISSIMO® at the following address MEDISSIMO® SAS - Technoparc, 8, rue Charles Edouard Jeanneret - 78300 POISSY ; client@medissimo.fr.
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FRANCE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW.
This choice of law only applies insofar as it does not deprive the consumer of the mandatory consumer protection provisions applicable in the member state of the European Union in which he or she has his or her habitual residence at the time of acceptance of the GCU.
MEDISSIMO® provides Users with a support service that can be contacted in the event of difficulties in using the Services and/or MEDISSIMO®and/or MEDISSIMO®. The assistance service can be contacted using the contact details given in article 8.3 below.
THE USER IS REMINDED THAT MEDISSIMO® IS NOT LIABLE FOR ANY BREACH BY A USER OF ITS CONTRACTUAL, REGULATORY AND/OR PROFESSIONAL OBLIGATIONS.
Users have the right to free recourse to a mediation service.
The Online Dispute Resolution (ODR) platform is available at the following address: https: //webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
MEDISSIMO's mediator® is SAS Médiation Solution(https://www.sasmediationsolution-conso.fr) and can be reached at the following addresses: 222 chemin de la bergerie 01800 Saint Jean de Niost and/or contact@sasmediationsolution-conso.fr.
The dispute may only be examined by the Consumer Mediator when: (i) the User can justify having previously attempted to resolve the dispute directly with MEDISSIMO® by sending a written complaint to the following addresses MEDISSIMO® SAS - Technoparc, 8, rue Charles Edouard Jeanneret - 78300 POISSY ; reclamation@medissimo.fr and (ii) the User has made his request to the mediator within a period of less than ONE (1) year from the date of his written complaint to MEDISSIMO®.
IN THE ABSENCE OF AN AMICABLE SETTLEMENT WITHIN THIRTY (30) DAYS OF ITS OCCURRENCE, ANY DISPUTE ARISING FROM THE CONTRACT BETWEEN A PROFESSIONAL USER AND MEDISSIMO® WILL BE SUBMITTED, AT THE INITIATIVE OF THE MOST DILIGENT PARTY, TO THE COMPETENT JURISDICTIONS.
MEDISSIMO® undertakes to comply with the legal and regulatory provisions in force applicable to the protection of personal data concerning the Pharmacist (including all natural persons concerned by the Pharmacist), and in particular to apply the MEDISSIMO® available at https://www.medissimo.fr/politique_confidentialite. In this respect, MEDISSIMO® specifies that the purpose of the processing is the provision of the Services and the sending of newsletters, for the duration of the said Services and that of the limitation periods and legal obligations of conservation. MEDISSIMO® undertakes to take measures to ensure the confidentiality, integrity and security of the data thus collected, which will not, under any circumstances, be transferred to any third party whatsoever who does not provide the same guarantees. MEDISSIMO® reminds you that the Pharmacist (including all natural persons concerned by the Pharmacist) has a right of access, rectification, portability, deletion and erasure of personal data and minimization of processing and opposition for legitimate reasons, and at any time in connection with prospecting, as well as the right to define post-mortem directives, which can be exercised at the following addresses: MEDISSIMO® SAS - Technoparc, 8, rue Charles Edouard Jeanneret - 78300 POISSY ; dpo@medissimo.fr, as well as the right to lodge a complaint with the competent personal data protection authority (in France the CNIL).
Users, healthcare professionals and medico-social establishments are hereby informed that the provision and use of MEDISSIMO® involve the processing of personal data relating to patients and/or the staff of Healthcare Professionals and/or Medical-Social Establishments.
Within the meaning of the Regulations, Healthcare Professionals and/or Medico-Social Establishments are responsible for processing the aforementioned personal data, which they retain full control over, in particular with regard to their collection and processing via the MEDISSIMO®Applications, in particular via the Professional Virtual Space. As a provider of software solutions, MEDISSIMO® acts only as a subcontractor within the meaning of the Regulations.
In its capacity as data controller, each Healthcare Professional and/or Medical-Social Establishment undertakes to comply with the obligations incumbent upon it under the terms of the Regulations. In this respect, each Healthcare Professional and/or Medical-Social Establishment acknowledges and accepts that it must take all necessary steps to comply with the regulations governing the implementation of this processing. In particular, each Healthcare Professional and/or Medico-social Establishment undertakes to provide full prior information to the persons concerned, and in particular to each patient, and to obtain their consent in compliance with the Regulations and with its own obligations as a Healthcare Professional and/or Medico-social Establishment. In particular, each Healthcare Professional and/or Medico-social Establishment undertakes to provide the patient with the information leaflet in Appendix 2 "Data Protection Agreement".
MEDISSIMO®in its capacity as subcontractor, undertakes to comply with the Regulations and to respect Appendix 2 "Data Protection Agreement". As such, MEDISSIMO® undertakes to collaborate with each Healthcare Professional and/or Medico-social Establishment for the purposes of compliance with the Regulations in force under the conditions defined in Appendix 2 "Data Protection Agreement", and to follow and apply without delay any instructions that may be sent to it by the Healthcare Professional and/or Medico-social Establishment in its capacity as data controller, and in particular to satisfy any request for access to or deletion of data that may emanate from a patient.
Electronic writings between MEDISSIMO® and the User have probative force. Consequently, it is expressly agreed that, barring manifest error or proof to the contrary, the data kept by MEDISSIMO® in its information system have evidentiary force between the parties in the event of a dispute.
The GCU supersede all prior agreements that may have existed between MEDISSIMO® and the User concerning the object of the GCU. MEDISSIMO® or the User to assert a right or exercise an action may in no case be considered as a waiver of that right or action. In the event that any of the stipulations of the GCU should become null and void, be declared null and void, prohibited, impossible or without effect, the validity of the other stipulations of the GCU shall not be affected thereby, and a stipulation having equivalent economic and legal effects may be substituted for the stipulation in question.
The User elects domicile at the address indicated on his Account, where applicable, for the User, and MEDISSIMO® elects domicile at the address of its registered office, as indicated in the GCU.
The GCU are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Although it is possible to access MEDISSIMO® and its content is available worldwide, access to the MEDISSIMO® from territories where its content is considered illicit or contrary to applicable regulations is prohibited. In the event that the MEDISSIMO® Applications are used in territories other than the Territory, the User is solely responsible for compliance with applicable regulations.
Performance of MEDISSIMO's obligations® obligations under the GCU may be subcontracted, in whole or in part, to any person of its choice, after information under the conditions of Appendix 2 "Data Protection Agreement".
APPENDIX 1 - MEDISSIMO FINANCIAL CONDITIONS®
PRICE
The prices applicable to the Services provided by MEDISSIMO® under the Medissimo Pharmacien Web Application are those in force.
Prices are quoted in euros, exclusive of VAT, and include VAT at the rate in force on the day of invoicing.
Fees are calculated per active patient and month of treatment, it being specified that months of treatment are full calendar months, from the1st to the last day of the month.
For example, if a prescription runs from August 16 N to September 12 N, the prescription lasts TWENTY-EIGHT (28) days, but covers TWO (2) calendar months (August and September).
In this example, the billing period is TWO (2) months.
If the Medissimo Pharmacien Web Application is used without MEDISSIMO® Pillboxes, or with a difference of more than TWENTY PER CENT (20%) between the theoretical number of pillboxes used per patient in the Medissimo Pharmacien Web Application and the number of MEDISSIMO® Pill Pills actually purchased, the increased rate may be applied to the Services provided by MEDISSIMO® under the Medissimo Pharmacien Web Application.
For example, for MEDISSIMO® weekly Pill Packs, FIFTY-TWO (52) MEDISSIMO® Pill Pills per year per patient. If the number of MEDISSIMO® Pill Pills purchased is less than FORTY-NINE (41) MEDISSIMO® Pill Pills per year per patient (52 - (52*20%)), the increased rate will apply retroactively from January1st of the year in which the difference of more than TWENTY PER CENT (20%) was noted.
PAYMENT TERMS AND DEADLINES
Invoices are sent monthly to the address provided by the Pharmacist.
They are payable in accordance with the terms and conditions set out in the single agreement between MEDISSIMO® and the Pharmacist for the current year.
Otherwise, the following payment terms and conditions apply:
In the case of SEPA direct debits, the Pharmacist undertakes to provide his or her bank details (RIB), and to accept and sign the SEPA mandate authorizing direct debits from his or her bank account by MEDISSIMO®.
In the event of non-payment by the Pharmacist and unless postponed by MEDISSIMO® in writing, failure to pay an invoice or fee by the due date will automatically result in the invoicing of late payment interest equal to THREE (3) times the legal interest rate, in addition to the fixed indemnity of FORTY (40) euros for collection costs or any other amount provided for by the applicable regulations.
In addition, the Healthcare Professional is informed and accepts that any delay in payment may result in the suspension of access to the Medissimo Pharmacien Web Application Services, or even their termination, in accordance with article 7.2 of the GCU.
Any complaint relating to an invoice must be addressed to the MEDISSIMO complaints department.® by e-mail to reclamation@medissimo.fr or by registered letter to the head office address within THIRTY (30) working days of receipt, which is presumed to be within THREE (3) working days of the invoice date. No claim will be accepted after the period of THIRTY (30) working days.
FINANCIAL CONDITIONS FOR ADDITIONAL SERVICES
Additional services may be invoiced on the basis of a prior estimate.
APPENDIX 2 - DATA PROTECTION AGREEMENT
The purpose of this agreement is to define the legal conditions under which MEDISSIMO®in its capacity as a subcontractor within the meaning of the Regulations, undertakes to process personal data on behalf of and in accordance with the instructions of the Healthcare Professional and/or the Medico-social Establishment (the " Data Controller ") in connection with the provision of the Services.
This agreement meets the obligation to define, between a processor and a Data Controller, the object and duration of the processing, the nature and purpose of the processing, the type of personal data and the categories of data subjects, as well as the obligations and rights of the Data Controller.
Acceptance of the GCU by the Data Controller implies acceptance of the terms of the present agreement, the duration of which is identical to that of the GCU.
Within the framework of their contractual relations, the Parties undertake to comply with current regulations.
| 1 - Treatments | Name | Web applications Medissimo Pharmacien and Medissimo Etablissement - Mobile applications Medissimo Aidant, Medissimo Infirmière and Kimed |
| Detailed purposes | Traceability of the medication circuit, compliance monitoring, sharing of patient health data between the patient's healthcare professionals: doctors, pharmacists, nurses, medico-social establishments, etc. | |
| Responsible (internal) within the subcontractor | Caroline Blochet | |
| 2 - Stakeholders | Legal entity responsible for processing | Healthcare professional and/or medical-social establishment |
| Subcontractor legal entity | MEDISSIMO®a simplified joint stock company with capital of €2,525,000.00, RCS VERSAILLES 434 856 209, registered office: TECHNOPARC, 8, rue Charles Edouard Jeanneret - 78300 POISSY | |
| Internal department(s) of the processor in charge of processing | DTI | |
| Categories of subcontractors | Provider : Health Data Host (GROUPE PSIH) | |
| 3 - Data and data subjects | Civil status, identity, identification data | Yes |
| Personal life | No | |
| Professional life | No | |
| Economic and financial information | No | |
| Connection data | Yes | |
| Location data | No | |
| Social security number | Yes | |
| Offences, convictions, security measures | No | |
| Philosophical, political, religious or trade union opinions, sexual orientation, health data, racial or ethnic origin, data relating to health or sex life, genetic or biometric data. | Health data (prescriptions and compliance) | |
| Category of data subjects |
- Patients - Doctors - Pharmacists and pharmacy staff (pharmacy assistants) - Nurses |
|
| How is data collected? Direct or Indirect? |
Indirect collection: patient prescriptions are entered by the pharmacist. Compliance data is entered by the patient, caregivers, pharmacist and nurses. |
|
|
Departments / businesses / external service providers with access to data Transfer outside the EU |
- Technical support (during remote access for Assistance) - Healthcare data hosting provider (PSIH Group) - No transfer outside the EU |
|
| 4 - Basis for treatment | Description of measures to ensure data quality |
- The pharmacist must validate each prescription in the Medissimo Pharmacien web application. - Automatic checks on entered data: mandatory fields, and data consistency checks (price, number of boxes, etc.), which generate alerts for the user. |
| Description of specific data minimization measures, if any | Not applicable. | |
| How long do you keep data in production? | Data from MEDISSIMO® applications are kept for 5 years in the active database, i.e. accessible online, and for 20 years in the archive database, i.e. accessible only on request. | |
| Shelf life in a separate archive? | Data stored at health data host (GROUPE PSIH). No separate archive database planned at present. | |
| Basis for processing / legal basis | Performance of Services | |
| If the basis for processing is consent, how is consent obtained? | The pharmacist undertakes to provide the patient with the "RGPD" document informing the patient of his or her rights (accessible from the patient's file in the Medissimo Pharmacien Web Application), to verify the patient's consent, and to inform MEDISSIMO® if the patient requests to exercise any of his or her rights with regard to the RGPD. | |
| How are data subjects informed about processing and how to exercise their rights? | From a patient's file in the Medissimo Pharmacien Web Application, the pharmacist can print the RGPD document informing the patient of his or her rights, and can indicate that the patient has been informed of his or her rights (checkbox). | |
| How do subjects exercise their rights? | Mail: dpo@medissimo.fr, Telephone: 01 30 06 30 06 (switchboard), Fax: 01 30 06 30 07, and contact form on the company website (www.medissimo.fr). | |
| If automatic decision based on scoring, what is the proposed alternative to manual decision making? | Not applicable. | |
| 5 - Treatment applications, measurements and contracts | List of applications or systems or projects covered by this processing | Not applicable. |
| Security vulnerabilities | Not applicable. | |
| Main security measures relating to this processing |
Data hosted by an HDS-certified hosting provider Pharmacist accounts are created only after manual verification of the identity of the healthcare professional responsible. Data accessible only after User identification (account with login and password) Account blocked for 15 seconds after 3 failed attempts (wrong password). |
|
| Host | GROUPE PSIH, a simplified joint stock company with capital of 1,000,000 euros, headquartered at 77 BOULEVARD MARIUS VIVIER MERLE 69003 LYON, registered in the LYON Trade and Companies Register under number 419 097 654. | |
| List of contracts covered by these processing operations | Not applicable. |
MEDISSIMO® designates a natural person within its staff as the contact point for all questions from the Data Controller relating to questions concerning the protection of personal data in the context of the Service. The MEDISSIMO® is designated in chapter 15 of this "Data Protection Agreement".
This person must have all the necessary skills and may be called upon by the Data Controller for any questions relating to the obligations defined in the GTCU involving personal data and, where applicable, in the Data Controller's dealings with the supervisory authority.
The purpose of this article is to define the obligations incumbent upon MEDISSIMO® in its capacity as subcontractor to protect the security and confidentiality of personal data.
In accordance with regulations, MEDISSIMO® undertakes to :
MEDISSIMO® also undertakes to inform the Data Controller if it considers that an instruction constitutes a violation of the Regulations.
In the event of termination of the contractual relationship for any reason whatsoever, MEDISSIMO® undertakes, at the option of the Data Controller and at the latter's request, to :
In the event of a return, MEDISSIMO® will destroy any copy of the returned personal data as soon as possible and will inform the Data Controller in writing of this destruction.
MEDISSIMO® also undertakes, to the best of its ability, to help the Data Controller :
MEDISSIMO® can only act on the instructions of the Data Controller, the Data Controller undertakes to document and provide MEDISSIMO® in writing of any instructions concerning the Processing of personal data.
On the date of acceptance of the GCU, the terms of the said GCU and of the present agreement constitute the instructions of the Data Controller in respect of the processing entrusted to MEDISSIMO® in execution of said GTU.
The Data Controller agrees that only personal data necessary for the use of MEDISSIMO® Services and Applications, and their destinations in terms of quantity of data, scope of processing and retention period.
The Data Controller is hereby informed that it is his responsibility to :
Given the nature of the Services provided by MEDISSIMO® and the fact that MEDISSIMO® cannot exercise any action and/or control over all the personal data protection measures that must be implemented to meet the requirements of the Regulations, the Data Controller undertakes, independently of the measures taken by MEDISSIMO®to implement the technical and organizational measures necessary to protect access to its Professional Virtual Space and its Professional Account within the framework of the use of the MEDISSIMO®.
The data controller acknowledges that MEDISSIMO® is limited to the personal data protection measures defined in the Security Policy.
In the event of incidents relating to personal data protection measures under the control of the Data Controller, the Data Controller undertakes to inform MEDISSIMO® who will make its best efforts to help remedy the situation.
The data controller acknowledges that MEDISSIMO® is in no way responsible :
MEDISSIMO® undertakes, insofar as possible, to assist the Data Controller in processing any request from a data subject (its patients) exercising his or her rights of access, rectification, erasure, limitation, portability or opposition to his or her personal data or right to define directives concerning the fate of his or her personal data after his or her death.
Any request from the Data Controller arising from a complaint from a data subject whose personal data has been collected must be notified to MEDISSIMO® via the following e-mail address: dpo@medissimo.fr.
When a data subject exercises his or her rights directly with MEDISSIMO® the latter undertakes, upon receipt of this request, to inform the Data Controller by email.
MEDISSIMO® will ensure that the corresponding actions are taken at the request of the person concerned.
MEDISSIMO® draws the attention of the Data Controller to the fact that it is his responsibility to keep an up-to-date register of requests to exercise rights in electronic format, containing the various dates and descriptions of exchanges with the persons concerned.
In the event of a breach of personal data by MEDISSIMO®MEDISSIMO ® will notify the Data Controller of any such breach by e-mail as soon as possible, so that the Data Controller can notify the CNIL, if necessary, within seventy-two (72) hours of becoming aware of the breach.
This notification is accompanied by any useful information to enable the Data Controller, if necessary, to notify this violation to the CNIL.
Safety measures and guarantees provided by MEDISSIMO® regarding the implementation of appropriate technical and organizational measures for the protection of personal data are described in the Security Policy.
MEDISSIMO® informs the Data Controller that it has a register in electronic format containing all the following information:
MEDISSIMO® informs the Data Controller that this register may be made available to the CNIL upon request and that it does not exempt the Data Controller from having its own register, which must include, in addition to the aforementioned information :
MEDISSIMO® has implemented a procedure to evaluate the level of security applied to the protection of personal data processed within the framework of the Service.
The purpose of this procedure is to verify, once a year, whether the measures referred to in the MEDISSIMO® Security Policy to ensure the protection of personal data are still relevant and appropriate with regard to the Regulations.
The Data Controller declares that due to the terms of this agreement and the Security Policy communicated by MEDISSIMO®he has obtained the information, advice and assistance necessary to ensure that MEDISSIMO® of its obligations under the Regulations, and that it has been able to verify that it is itself in compliance with its obligations under the said Regulations.
The data controller may audit MEDISSIMO's personal data protection measures at its own expense, at most once every twelve (12) months.®.
This audit may be carried out by one of the Data Controller's internal audit structures or by an independent outside firm, provided that the latter does not itself carry out an activity that competes with that of MEDISSIMO® or has any legal connection with a competitor.
If MEDISSIMO® has objective reasons to believe that the audit firm chosen by the Data Controller does not offer sufficient guarantees of independence and impartiality, it will be entitled to refuse to allow the audit to be carried out by this third party.
The Data Controller further acknowledges that its staff or that of the independent audit firm selected, will adhere and comply with the obligations and rules of security and confidentiality communicated by MEDISSIMO® for the duration of the audit.
A confidentiality agreement must be signed beforehand between MEDISSIMO® and the auditing organization.
The data controller must inform MEDISSIMO® in writing of its intention to have such an audit carried out and of the identity of the audit structure selected in the case of an external firm, and of the audit plan envisaged, subject to giving fifteen (15) working days' notice.
This notice period may be shortened by mutual agreement between the Parties.
Prior to the audit, the Data Controller will inform the independent audit firm of the identity of its employees or of the experts seconded by the independent audit firm.
The audit carried out by the Data Controller will focus solely on compliance with MEDISSIMO's contractual commitments.® s contractual commitments in terms of personal data protection.
MEDISSIMO® undertakes, where applicable, to allow the auditors access to the site(s) assigned to the execution of the GCU concerned, to cooperate in good faith with them and to provide them with all necessary information.
If the audit load exceeds two (2) man-days for MEDISSIMO®additional resources will be invoiced to the Data Controller.
In any event, audit operations must not disrupt the operation of the Services provided by MEDISSIMO® beyond the constraints inherent in an audit.
The audit may not include information that is not specific to the Data Controller, in order to preserve the confidentiality of information specific to other MEDISSIMO customers.® customers, or information whose disclosure would be likely to compromise the security of other customers and their personal data.
A copy of the audit report will be given to MEDISSIMO® as soon as possible. The report will then be reviewed by both parties.
Should the audit report reveal any shortcomings on the part of MEDISSIMO®to its obligations under the present agreement, the latter undertakes to implement, at its own expense, the necessary corrective measures as soon as possible.
If the audit's conclusions contain recommendations, the conditions for their implementation will be discussed with both parties as soon as possible.
The data protection officer appointed by MEDISSIMO® is Emmanuel LECLERC, 8 rue Charles-Edouard Jeanneret, 78300 POISSY, Tel. 01 30 06 30 06, dpo@medissimo.fr.
The data controller has been informed and has approved the intervention of MEDISSIMO's subcontractors® who are listed in the Security Policy.
The data controller is also informed that MEDISSIMO® may call upon another subcontractor to carry out specific processing activities.
In this case, MEDISSIMO® will inform the Data Controller in advance and in writing of any planned changes concerning the addition or replacement of subcontractors.
This information will specify the subcontracted processing activities and the identity and contact details of the subcontractor.
The Data Controller will then have a minimum of eight (8) days from the date of receipt of this information to present its reservations.
In the absence of reservations within the aforementioned period, the subcontractor concerned will be deemed to have been approved by the Data Controller.
In the event of reservations, the Data Controller must provide objective reasons for his refusal.
If these arguments are well-founded, MEDISSIMO® will ask its subcontractor to take account of the reservations expressed by the Data Controller, or will suggest another subcontractor.
MEDISSIMO® undertakes to ensure that its subcontractors present sufficient guarantees regarding the implementation of appropriate technical and organizational measures defined within its Personal Data Protection Policy, so that each processing operation meets the requirements of the Regulations.
Each MEDISSIMO® is required to comply with the obligations of this agreement.
| ACTIONS/MEASURES | DATA CONTROLLER | MEDISSIMO® |
| Purpose of personal data processing | Liability | |
| Determining the basis for processing | Liability | |
| Appointment of a DPO | Liability | Liability |
|
Data access rights Right of rectification Right to erasure Right to object The right to define directives concerning the fate of personal data after one's death |
Liability Instructions to be given |
Intervention on instruction |
| Data breach |
Liability Instructions to be given |
Intervention on instruction Information to be provided in the event of a finding of violation |
| Communicating with people |
Liability Instructions to be given |
Assistance |
| Treatment limitation |
Liability Instructions to be given |
Intervention on instruction |
| Safety measures | Liability | Implementation assistance + recommendations |
| Data retention period |
Liability Instructions to be given |
Intervention on instruction |
| Preserving traces and evidence |
Liability Instructions to be given |
Intervention on instruction |
|
Data deletion Personal data at the end of the contractual relationship |
Liability Instructions to be given |
Carry out removal on instruction or automatic removal within the contractual deadline |
| Destruction of copies of personal data at the end of the contractual relationship | Instructions to be given | Destruction on instruction or automatic destruction within the contractual timeframe |
| Internal Audit |
Liability Instructions to be given |
Assistance |
| CNIL audit | Liability | Assistance |
| CNIL notification |
Liability Instructions to be given |
Intervention on instruction |
| Data protection impact assessment | Liability | Assistance |
| Prior consultation of the CNIL | Agrees | Request agreement |
| Second-tier subcontracting | Liability | Liability |
| Transfer of personal data to a third country or to an international organization | Liability | Contribution to the assessment |
| Authorization of persons with access to personal data | Liability | Liability |
| Assessment of the level of security applied to the protection of personal data | Liability | Liability |
| IT Charter | Liability | Liability |
| Raising employee awareness | Liability | Liability |
SUB-APPENDIX - INFORMATION AND CONSENT NOTICE
Dear Sir/Madam,
The RGPD is the General Data Protection Regulation: it aims to ensure optimal protection of personal data throughout the European Union. It came into force in Europe on May 25, 2018, and provides new rights for people regarding the use of their personal data. In this context, this document informs you of your rights regarding your personal data.
For any request related to the RGPD and the processing of personal data at MEDISSIMO®you may contact the MEDISSIMO®at dpo@medissimo.fr.
Your healthcare professional, pharmacist or nurse, and, where applicable, the medico-social establishment in which you are being cared for, have decided to use a pillbox and an associated electronic system likely to process personal data concerning you, your identification and your health data.
These healthcare professionals are respectively responsible for processing your personal data as far as they are concerned.
In treatments with MEDISSIMO® designated by healthcare professionals, personal data is collected for the purposes of tracking the medication circuit, improving patient care, exchanging information with healthcare professionals on your care team, and, where applicable, within the medico-social establishment in which you are being cared for, and for statistical studies intended for healthcare professionals. The legal basis for such processing is the legitimate interest of the healthcare professional and the performance of professional acts by the pharmacist or nurse.
The personal data collected is intended for healthcare professionals who are members of the patient's care team: pharmacists, doctors, nurses, etc., as well as medical staff acting under the responsibility of these healthcare professionals (pharmacy assistants, nurses' aides, medical secretaries, etc.), and, where applicable, healthcare professionals working in the patient's medical-social care facility.
The personal data collected is hosted by GROUPE PSIH, a certified "Hébergeur de Données de Santé" ("Health Data Host") provider (article L. 1111-8 of the French Public Health Code and the decree of January 4, 2006 concerning the hosting of personal health data). All data is hosted in France, and is not transferred to any third country or international organization.
In this respect, you are informed that you have the right to object to the hosting of your data by this certified host for a legitimate reason by contacting the following address: telephone: 04 26 10 06 30, e-mail: contact@groupepsih.com, post: 77 BOULEVARD MARIUS VIVIER MERLE 69003 LYON.
In this case, your healthcare professional will no longer be able to use MEDISSIMO®pill dispenser services, as the use of such a host is a legal and regulatory obligation.
In compliance with the rules governing medical secrecy and the exchange of health data covered by medical secrecy, information concerning you is strictly intended for :
The data controllers guarantee that your personal data will not be passed on to unauthorized third parties without your consent.
You specifically have the right to object to the exchange of your health data between the healthcare professionals on your team, by contacting your pharmacist or nurse.
For reasons of security and legal obligations, this data is kept for 5 years in the active database, i.e. accessible online, and for 20 years in the archive database, i.e. accessible only on request.
You also have a number of rights:
You also have :
To exercise your rights, you may contact us by providing a copy of a proof of your identity and according to your choice :
APPENDIX 3 - SAFETY POLICY
This security policy (the " Security Policy ") presents and summarizes the security measures to be implemented with regard to IT security: (1) by MEDISSIMO®as well as (2) by Healthcare Professionals and/or Data Processors, in the context of downloading, accessing, activating, consulting and using MEDISSIMO®.
Safety measures and guarantees provided by MEDISSIMO® regarding the implementation of appropriate technical and organizational measures to protect personal data are as follows:
Registration for the Medissimo Pharmacien Web Application is carried out online, on the platform. When you register for the Medissimo Pharmacien Web Application, the platform checks your e-mail address, your RPPS number and the FINESS number of your pharmacy.
Registration for the Medissimo Etablissement Web Application is carried out online, on the platform. When registering for the Medissimo Etablissement Web Application, the platform checks the nurse's e-mail address, RPPS number and the FINESS number of his or her establishment, if applicable. Access to pharmacy data from Medissimo Etablissement for users of an establishment is granted by MEDISSIMO®with the agreement of the Pharmacist.
Registration for the Medissimo Aidant or Kimed Mobile Application is done online, from the application. When registering for the Medissimo Aidant or Kimed Mobile Application, the application checks the user's e-mail address. Access to a pharmacy patient's data from the Medissimo Aidant or Kimed Mobile Application is granted by the Pharmacist from his Medissimo Pharmacien Web Application.
Registration for the Medissimo Infirmière Mobile Application is done online, from the application. When registering for the Medissimo Infirmière Mobile Application, the application checks the User's e-mail address. Access to a pharmacy patient's data from the Medissimo Infirmière Mobile Application is granted by the Pharmacist from his Medissimo Pharmacien Web Application.
Connection to the platform's applications uses the user's login and password, as well as a unique 6-digit OTP ("One Time Password") code and a software certificate supplied by the PSIH Group hosting provider.
Access to the servers is strictly reserved for authorized persons, and requires a certificate, a VPN and a request for opening from our host. Each access request is logged. It contains the following information: date, time, developer ID, reason for access. This information can be retrieved for 6 months.
What's more, the host owns all the logins connecting to the platform. In the same way as server access for developers, customer connections to the platform are logged. In the event of a problem, MEDISSIMO® reserves the right to request an extract from the PSIH Group in order to verify this information.
Data from MEDISSIMO® applications are hosted by the service provider Groupe PSIH, an approved health data host (article L. 1111-8 of the French Public Health Code and the decree of January 4, 2006 concerning the hosting of personal health data). All data is hosted in France, and is not transferred to any third country or international organization.
The PSIH Group is ISO27001 and HDS certified, and has implemented the necessary security measures to comply with the requirements of the ISO27001 and HDS certification chapters.
MEDISSIMO® makes every effort to ensure that its servers and applications have the latest available application patches, including security patches. The host, Groupe PSIH, communicates with MEDISSIMO® regularly about the various migrations and corrections applied to its servers.
Groupe PSIH's hosting provider launches a daily backup of the MEDISSIMO®. These backups can be partially or totally restored in the event of a problem.
What's more, before each production launch, MEDISSIMO® makes a request to the hosting provider to save the state of the database beforehand, so that it can be recovered in the event of a problem.
The entire MEDISSIMO® platform uses the HTTPS communication protocol, which encrypts requests between clients and the server. In addition, access to the servers is restricted to a few developers and requires a procedure (see the "Traceability measures" paragraph).
The MEDISSIMO® platform uses two hosting providers:
Non-sensitive data stored at OVH :
These data are imported into our database every week, via secure connections initiated by the MEDISSIMO® platform, located in an HDS-certified hosting facility.
Both our hosting providers have supervisors who can check server status and access the machine if necessary.
In particular, the PSIH Group has an alert system that notifies MEDISSIMO® in the event of a breakdown. This enables MEDISSIMO® to inform its customers if the problem persists, and if the problem is detected during MEDISSIMO® support (Monday to Friday, 9am to 6pm).
Technical development data is managed by the Confluence and Jira tools and stored at ATLASSIAN.
The security measures to be implemented by Healthcare Professionals and/or Data Processors when downloading, accessing, activating, consulting and using MEDISSIMO® Applications are as follows:
In the Medissimo Pharmacien Web Application, the Pharmacist may create a user account for each member of his pharmacy staff authorized to access the application (pharmacist or pharmacy assistant). The Pharmacist undertakes to create accounts only for authorized persons, to provide the information relating to each account only to the person concerned, and not to divulge this information to third parties.
In the Medissimo Etablissement Web Application for facilities, the nurse in charge can create a user account for each member of staff at his/her facility authorized to access the application (doctor, nurse or care assistant). The nurse in charge undertakes to create accounts only for authorized persons, to provide information relating to each account only to the person concerned, and not to divulge this information to third parties.
In the Medissimo Aidant Mobile Application, the caregiver creates an account in the application with his or her e-mail address and password. Access to a pharmacy patient's data from the Medissimo Aidant Mobile Application is granted by the Pharmacist from his Medissimo Pharmacien Web Application. Before granting access, the Pharmacist undertakes to check the identity of the caregiver with his or her identification document, and to verify the patient's Vitale card.
In the Medissimo Infirmière Web Application, the nurse creates an account with his or her e-mail address, password and RPPS or ADELI number. Access to a pharmacy patient's data from the Medissimo Nurse Mobile Application is granted by the Pharmacist from his Medissimo Pharmacist Web Application. Before granting access, the Pharmacist undertakes to check the identity of the Nurse with his or her professional card.
In the Kimed Mobile Application, the patient creates an account with his or her e-mail address and password. Access to a pharmacy patient's data from the Kimed Mobile Application is granted by the Pharmacist from his Medissimo Pharmacien Application. Before granting access, the Pharmacist undertakes to check the patient's identity with his or her identification document, and to verify the patient's Vitale card.
Each account allowing access to a MEDISSIMO® (Pharmacist, Establishment, Caregiver, Nurse or Kimed) is nominative, personal and non-transferable. Users undertake not to divulge to third parties any information relating to their account, and in particular their login and password, and to take all necessary measures to prevent unauthorized persons from accessing this information.
Responsibility for traceability is transferred to the HDS-certified hosting provider.
The Pharmacist undertakes to observe the following basic safety measures at his or her workstation (non-exhaustive list):
MEDISSIMO is responsible for the backup.® to the HDS-accredited hosting provider.
All MEDISSIMO® platform applications® platform use the HTTPS protocol. Responsibility for data encryption lies with MEDISSIMO® to the HDS-accredited hosting provider.
Healthcare professionals undertake not to access the platform from a public network, and to secure their internal networks.
Recommended when organizing shared medication baskets (sachets, liquids, etc.)
| Patients | Mono28 | Medipac | Medipac plus |
| M2 | 25 | 64 | 24 |
| M3 | 45 | 96 | 48 |
| M4 | 65 | 128 | 72 |
Recommended for organizations with no drug storage area (all drugs in the cart for 7 days)
| For 14 patients |
| For 28 patients |
Recommended for use with nominative lockers (dose and non-dose drugs together)
| Patients | Monoplus for 1 or 2 days | Dose sachet for 7 days |
| M2 | 36 | 48 |
| M3 | 48 | 72 |
| M4 | 60 | 96 |
The Medipac solution offers you the safety and convenience of a pharmacy-prepared, ready-to-use treatment. This solution helps you take your medication properly, which in turn helps your doctor adjust your treatment for better long-term health results. With this solution, you'll improve your compliance to protect your health.
The Medipac solution includes a secure pill dispenser connected to the pharmacy application by a QR code. The solution can integrate an application for caregivers. The data is fed into a compliance report for discussion with the pharmacist and review of treatment with the doctor. Use is free of charge.
The Kimed solution helps you to take your medication properly, which in turn enables your doctor to adjust your treatment for better long-term health results. With this solution, you'll improve your compliance to protect your quality of life.
The Kimed solution connects a patient application to a pharmacy application. The patient receives notifications to prevent forgetfulness and provide information on compliance, side effects and additional medication taken. The data is fed into a compliance report, which can be discussed with the pharmacist and the treatment reviewed with the doctor. Use is free of charge.
This detachable pill dispenser allows you to repackage medications by dose, but separately, for one week. Ideal for storage in nominative compartments.
MULTIPLUS® packs all your medications in a single dose for one week. The MULTIPLUS® pill dispenser is useful for institutional use when the original blister pack needs to be preserved, and the individual drugs do not need to be isolated from each other.
This non-detachable pill dispenser allows you to repackage medications by time of use, for one month. Ideal for frequent medication changes.
The compliance report is a summary table of medication taken, enabling treatments to be re-evaluated from the Pharmacist App and the Establishment App.
The assessment is available for each patient on the nursing and pharmacy applications.
The assessment provides a global and detailed view of compliance, and helps to better understand the reasons for non-administration at any given time. The physician's analysis of the assessment enables him/her to take action to encourage proper use of the medication.
The "bilan de bon usage" is a set of summary tables used to identify at-risk patients and drugs from the Medissimo Pharmacien app.
The balance sheet is available to the establishment on the pharmacy application.
The assessment provides an overall view of the risks associated with medication at any given time. The physician's analysis of the assessment enables him/her to take action to promote the proper use of medication.
The MEDISSIMO platform offers a secure, traceable treatment service for patients at home and in residential care, including pillboxing of medicines in the pharmacy and treatment monitoring in cooperation with healthcare professionals and their families.
The platform brings together the pharmacist, who delivers the treatment with full traceability, and the patient or his or her homecare assistant, who fills in the dosages from the MEDIPAC® pillbox prepared by a healthcare professional, and the nurse, who monitors the treatment in liaison with the pharmacist and the family, and informs the doctor in the event of a medication risk.
In line with the public health priority defined in the national health strategy, the pharmacist - nurse - attending physician triad is at the heart of the platform designed by MEDISSIMO, with the aim of promoting the proper use of medicines.
