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TERMS AND CONDITIONS GENERAL TERMS OF USE – HEALTHCARE PROFESSIONALS

IMPORTANT NOTES

MEDISSIMO DOES NOT PROVIDE ANY KIND OF MEDICAL ADVICE.

THE MEDISSIMO PHARMACIST AND MEDISSIMO FACILITY WEB APPLICATIONS, AS WELL AS THE MEDISSIMO NURSE AND KIMED MOBILE APPLICATIONS AND ASSOCIATED SERVICES, ARE INTENDED TO ASSIST USERS WITH MEDICATION ADHERENCE, BUT THEY DO NOT CONSTITUTE A PRESCRIPTION UNDER ANY CIRCUMSTANCES, NOR ARE THEY INTENDED TO PROVIDE INFORMATION, OPINIONS, MEDICAL ADVICE, OR RECOMMENDATIONS REGARDING MEDICATIONS OR TREATMENTS.

THE MEDISSIMO PHARMACIST AND FACILITY WEB APPLICATIONS AND THE MEDISSIMO NURSE MOBILE APPLICATION ARE NOT MEDICAL DEVICES AND ARE NOT INTENDED FOR THE DIAGNOSIS, PREVENTION, MONITORING, TREATMENT, OR ALLEVIATION OF A DISEASE, AN INJURY, OR A DISABILITY; NOR ARE THEY INTENDED FOR THE STUDY, REPLACEMENT, OR MODIFICATION OF ANATOMY OR A PHYSIOLOGICAL PROCESS; NOR ARE THEY INTENDED FOR THE CONTROL OF CONCEPTION 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 CONSULTING A HEALTHCARE PROFESSIONAL AND, IN ALL CASES, FOLLOWING THE PRESCRIPTIONS, ADVICE, OPINIONS, AND RECOMMENDATIONS PROVIDED BY THE MEDICAL STAFF RESPONSIBLE FOR THE PATIENT'S MEDICAL CARE.

YOU MUST CAREFULLY READ AND ACCEPT THESE TERMS OF USE (THE “TERMS”) BEFORE DOWNLOADING, ACTIVATING, AND/OR USING THE MEDISSIMO APPLICATIONS AND ASSOCIATED SERVICES. IF YOU DO NOT ACCEPT THE TOU, YOU WILL NOT BE ABLE TO USE OR ACCESS THE MEDISSIMO APPLICATIONS AND SERVICES.

THE USE OF MEDISSIMO PILL ORGANIZERS IS NOT REQUIRED TO USE THE MEDISSIMO APPS. HOWEVER, THE MEDISSIMO APPS WERE DESIGNED TO WORK WITH MEDISSIMO PILL ORGANIZERS. CONSEQUENTLY, USERS ACKNOWLEDGE AND AGREE THAT THE MEDISSIMO APPS AND SERVICES WILL NOT FUNCTION OPTIMALLY OR AS INTENDED IF PILL ORGANIZERS OTHER THAN MEDISSIMO PILL ORGANIZERS ARE USED. IF THE MEDISSIMO PHARMACIST WEB APPLICATION IS USED WITHOUT MEDISSIMO PILL ORGANIZERS, THE HIGHER MEDISSIMO PHARMACIST RATE MAY BE APPLIED (SEE RATES).

THE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND REMEDIES, AS WELL AS MEDISSIMO'S LIMITATIONS OF LIABILITY.

WE WOULD LIKE TO DRAW YOUR PARTICULAR ATTENTION TO THE MEDISSIMO DATA PROTECTION AGREEMENT AND SECURITY POLICY, AS WELL AS THE MEDISSIMO PRIVACY POLICY, WHICH ARE APPENDED TO THE TERMS OF SERVICE.

1. LEGAL NOTICE – DEFINITIONS – SCOPE OF APPLICATION

1.1. Legal Notice

The Services accessible via the Medissimo Apps are provided by Medissimo, a simplified joint-stock company with a capital of €2,525,000, registered with the Versailles Trade and Companies Register under number RCS B 434 856 209, with its principal place of business located at TECHNOPARC, 8, rue Charles Edouard Jeanneret – 78300 POISSY, and whose intra-Community VAT number is FR22434856209 (“MEDISSIMO” ).

Medissimo can be contacted by phone at 01.30.06.30.06, by email at client@medissimo.fr, and by mail at the address of its corporate headquarters listed above. The Platform’s publisher is Ms. Caroline Blochet.

The Platform is hosted by OSPI—legal name: “PSIH” (“OSPI”), a simplified joint-stock company with a capital of €1,000,000, whose registered office is located at 77 BOULEVARD MARIUS VIVIER MERLE, 69003 LYON, and which is registered with the Lyon Trade and Companies Register under number 419 097 654.

OSPI is a certified “health data host” in accordance with the provisions of Article L. 1111-8 of the Public Health Code, and can be contacted by phone at 04 26 10 06 30, by email at contact@ospi.fr, and by mail at its registered office address listed above.

1.2. Definitions

Each of the terms mentioned below has the following meaning:

“Support”: Support services corresponding to Level 1 Maintenance provided by Medissimo, including assistance with getting started and the initial configuration of Medissimo Applications, as well as their day-to-day use.

“Anomaly”: Any nonconformity or reproducible defect in the Medissimo Applications, regardless of whether it results from 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 “Medissimo Etablissement” web application—a non-downloadable software application that runs on the web (via the Internet)—is intended for nurses at the facility who are authorized users designated by the pharmacist.

“Medissimo Infirmière Mobile App”: The “Medissimo Infirmière” mobile app, a software application that can be downloaded and run on a mobile device via the App Store, is intended for independent nurses who are authorized users designated by a 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.

For the purposes of this Agreement, the Medissimo Pharmacist Web Application and the Medissimo Facility Web Application are collectively referred to as the“Web Applications,” and the Medissimo Nurse Mobile Application and the Kimed Mobile Application are collectively referred to as the“Mobile Applications.”

“Medissimo Applications”: The mobile and web applications of the Medissimo Platform: (i) Medissimo Pharmacist Web Application, (ii) Medissimo Facility Web Application, (iii) Medissimo Nurse Mobile App, and (iv) Kimed. The Medissimo Facility Apps and the Medissimo and Kimed mobile apps are linked to the existence of an Account or Accounts created by a Pharmacist within the Medissimo Pharmacist Web App. The Medissimo Facility Apps and the Kimed mobile app cannot be used independently of the Medissimo Pharmacist Web App.

"Account": The account associated with each User of the Medissimo Apps, based on their Profile.

“Documentation ”: Presentation materials and user manuals related to Medissimo Applications.

“Adherence Data”: Data used to quantify medication adherence, generated by Medissimo Applications based on data and content entered by Users, and which is distinct from such data and content.

“Intellectual Property Rights”: All intellectual property rights associated with the Medissimo Applications and Services that Medissimo owns or for which it holds a license, in particular those associated with trademarks, trade names, distinctive signs, trade names, designs, models, corporate names, documents, as well as the visual identity and/or graphic guidelines, all databases under the sui generis right of the database producer and copyright law, particularly with respect to Adherence Data; the domain names of the Medissimo Applications; their entire architectures, graphic, textual, and/or media content; and the databases comprising them under the sui generis right of the database producer and copyright law.

" Medical-social establishment ": The establishment in which the patient is cared for, where applicable.

“Medissimo Equipment”: The equipment provided by Medissimo to the Pharmacist-User under a separate contract of sale, lease, and/or rental, intended to be used exclusively (i) in connection with the Medissimo Services and Pill Dispensers, and (ii) within the Territory.

Medissimo's equipment includes the following:

  • Pill dispenser tray ;
  • Digiplan Assisted Tray to help prepare pill organizers.

" 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.

"App Store" : Platforms for downloading and managing mobile apps, such as Apple's App Store or Google's Google Play Store.

“Corrective Maintenance”: Level 2 maintenance services provided by Medissimo that consist of correcting or working around issues (including the deployment of security patches and application fixes).

“Electronic equipment”: Any information processing system (computer, smartphone, etc.) with Internet access that allows users to run web applications (not downloadable) via the Internet.

"Mobile": A mobiledevice running Android or iOS (such as smartphones, tablets, etc.) that allows users to install and run mobile apps downloaded from an app store.

"Medissimo Pill Organizers": Single-use pill organizers prepared and secured at a retail pharmacy using the "Medissimo Pharmacist" web application, which enables healthcare professionals to promote the proper use of medications. In consultation with the pharmacist, the application can be used to track pill organizers prepared by a nurse.

" Preparer ": Any Pharmacist preparing pillboxes, and any individual authorized by the Pharmacist, preparing pillboxes, under the direction and responsibility of a Pharmacist.

“Medissimo Services”: Services related to hosting, providing access to, and use of 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 individual who is legally practicing the profession of nursing and holds a diploma, certificate, or degree required by applicable regulations, in particular the Public Health Code.

“DigitalPlatform ”: All computer and/or telecommunications equipment, including the Server, used by Medissimo to host and/or make the Medissimo Applications available.

“Profiles”: The different types of Users authorized to use one of the Medissimo Applications based on their profile, namely:

  • "Pharmacist User" Profile: Medissimo Pharmacist Web Application,
  • "Prescription Preparer/User" Profile: Medissimo Pharmacist Web Application,
  • "Nurse User" Profile: Medissimo Etablissement Web Application,
  • "Patient User" or "Caregiver User" Profile: Kimed Mobile App. A "Caregiver User" is a family member or friend who cares for the patient—not a professional caregiver—and is authorized to access the patient's data,
  • "Independent Nurse User" Profile: Medissimo Nurse Mobile App. An "Independent Nurse User" is a nurse in private practice, a healthcare professional, and authorized to access patient data.

Use of the Medissimo Nurse, Medissimo Facility, and Kimed by nurses, patients, and caregivers—which allow access to patient data—must be authorized via the Medissimo Pharmacist Web Application by the pharmacist user, who is solely responsible for granting these authorizations as well as access to data in the Medissimo Pharmacist 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 purpose of the Medissimo Apps is to assist with monitoring medication adherence through the following services, which Medissimo provides to Users (based on their respective Profiles) via the Medissimo Apps and which are detailed in the Documentation:

  • Monitor patients’ adherence to prescribed medication (“treatment adherence”), in particular by alerting third parties and/or authorized Users (Nurse / Pharmacist / Patient / caregiver User) regarding medication intake via SMS or push notifications; to record and view a patient’s medication adherence; and to share various pieces of information related to this medication adherence with third parties and/or authorized Users (including, in particular, Nurse / Pharmacist Users);
  • Organize the taking of medication prescribed to patients Users (set up and receive reminders to take medication) ;
  • Assistance with using Medissimo pill dispensers and/or Medissimo equipment.

“Server”: The computer equipment connected to the Internet that hosts the Medissimo Applications. All data from the Medissimo applications is hosted on the servers of OSPI, a healthcare data hosting provider certified as a “Healthcare Data Host” (Article L. 1111-8 of the Public Health Code and the Decree of January 4, 2006, regarding the hosting of personal healthcare data).

" Territory ": France (including DROM-COM) and the European Union.

“User”: Any individual authorized to use the Medissimo App corresponding to their Profile.

1.3. Scope

The download, access, activation, viewing, and use of the Medissimo Applications and Services are subject to unconditional acceptance of the following:

  • These GTU ;
  • The“Medissimo Financial Terms,” as defined in Appendix 1 (Appendix 1.1 – Medissimo Pharmacist Financial Terms for the Medissimo Pharmacist Web Application, and Appendix 1.2 – Medissimo Nurse Financial Terms for the Medissimo Nurse Mobile Application when used by nurses practicing as part of a group—such as a practice or facility, but excluding individual practice);
  • The Data Protection Joint Processing Agreement, attached to the Terms of Use (Appendix 2.1 – Data Protection Joint Processing Agreement and Appendix 2.2 – Information Notice on the Sharing of Your Personal Data);
  • The Security Policy, appended to the GTU (Appendix 3 - Security Policy);
  • From the Privacy Policy (Appendix 4 – Privacy Policy)
  • All rules or policies enforced by Apple or Google in the App Store regarding the Medissimo Caregiver, Medissimo Nurse, and Kimed mobile apps, including their pricing terms, if applicable (for the Medissimo Nurse mobile app when used by nurses practicing independently).

The current version of the Terms of Use can be found in the “Help” section for the Medissimo Pharmacist and Medissimo Facility web applications, and in the “Legal Notices” section for the Medissimo Caregiver, Medissimo Nurse, and Kimed mobile applications, as well as online at the following address: https://www.medissimo.fr/cguvpro20260901.

Medissimo reserves the right to modify the Terms of Use at any time. In the event of a substantial change, the User will be notified THIRTY (30) days in advance via a notification displayed upon launching the Medissimo Apps. By continuing to use the Medissimo Apps after the changes to the Terms of Use take effect, the User is deemed to have accepted the new version of the Terms of Use. The date of the last revision of the Terms of Use appears at the bottom of the page.

Updates to the Medissimo Apps may be provided through the App Store and/or delivered via web browsers. Depending on the update, the User may be required to download or run a new version of the Medissimo Apps and to accept the Terms of Use again in order to continue using the Medissimo Apps.

2. TERMS OF ACCESS TO MEDISSIMO APPLICATIONS

2.1. Technical Requirements for Accessing Medissimo Applications

Medissimo Applications are available to Users under the following conditions (all of which must be met for each Medissimo Application):

Application

Web Medissimo

Pharmacist

Payment of access fees for

Services, in accordance with Medissimo's financial terms and conditions

Functional electronic equipment

A high-quality internet connection (unless otherwise specified for certain Services)

Application

Web Medissimo

Establishment

Using the Web Application

Medissimo Pharmacist by a

Pharmacist for the patient in question

Medissimo Nurses Mobile App

Payment of access fees for

Services, in accordance with Medissimo's financial terms and conditions

Functional mobile

Mobile Applications

Using the Web Application

Medissimo Pharmacist by a

Pharmacist for the patient in question

All fees and costs, of any kind, associated with accessing the Medissimo Applications are the sole responsibility of the User, who is solely responsible for the proper functioning of their Device/Mobile Phone, as well as for their Internet access. In this regard, the User is advised that accessing the Medissimo Applications and using the Services requires a high-quality Internet connection.

In addition, in order to use all of the Mobile Apps’ Services, the User must authorize Medissimo, through the Medissimo Apps, to use the following features of their mobile device:

Mobile app

Camera (flash QR code)

SMS / push notifications

Geolocation / GPS

Internal Memory / Mobile Data

2.2. Personal Terms and Conditions for Access to Medissimo Applications

  • For the Medissimo Pharmacist Web Application: be a healthcare professional (pharmacist), as defined in Article 1.2.

Required information: last name, first name, email address, the pharmacy's FINESS numbers, and the pharmacist's RPPS number.

The Pharmacist User agrees that, in the event of a temporary or permanent cessation of business, he or she will cease all use of the Medissimo Pharmacist Web Application and will notify Medissimo as soon as possible.

  • For the Medissimo Facility Web Application: be a medical-social facility or a nurse, as defined in Article 1.2 and authorized by a Pharmacist User via the Medissimo Pharmacist Web Application.

Required information: RPPS number, surname, first name and e-mail address.  

  • For the Medissimo Nurse mobile app: You must be an independent nurse providing home care to a patient whose treatment plan is tracked in the Medissimo Pharmacist web app by a pharmacist. Required information: last name, first name, and email 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 User registers on the relevant Mobile App. The Pharmacist must then, under his or her sole responsibility, fill in the required fields necessary to create the Virtual Professional Space and the User Accounts that he or she authorizes and creates for the Medissimo Etablissement Web App, the Medissimo Infirmière Mobile App, and Kimed.

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.

The User’s username and password are personal and confidential. The User is solely responsible for their username and password. The User agrees to take all necessary steps to keep their login credentials confidential and not to disclose them in any form. The User must immediately notify Medissimo if they become aware of a security breach—including, but not limited to, the voluntary disclosure or unauthorized use of their login credentials and/or password—so that Medissimo can promptly take all appropriate measures to remedy the security breach. In the event of the loss or unauthorized use of a username and/or password, the User agrees to notify Medissimo as soon as possible. Medissimo will then deactivate the User’s account and send the User a link to reset their password via email to the address provided by the User.

By using the Medissimo Apps, the User confirms that:

  • He or she is authorized to use pill organizers, Medissimo pill organizers, and/or the Medissimo Equipment, as applicable, in accordance with the regulations in effect in the country where the Medissimo Equipment is used;
  • He is the owner of the Electronic Device and/or the Cell Phone, depending on his Profile, and of the Medissimo Equipment, if applicable, or has lawfully obtained the right to use it, and/or, if applicable, that he is authorized by the owner(s) of the Electronic Device and/or Mobile Device and the Medissimo Equipment to use it and to download/run the Medissimo Applications on the Electronic Device and/or Mobile Device.

3. SERVICES OFFERED ON MEDISSIMO APPS

The User acknowledges and agrees that the Services offered by Medissimo on the Medissimo Apps are limited to the features described in the Documentation.

Medissimo may take any organizational or developmental measures—including technical ones—that are likely to improve Medissimo’s Applications, Services, and/or offerings, in accordance with its contractual obligations.

MEDISSIMO DOES NOT PROVIDE ANY MEDICAL ADVICE, AND THE SERVICES PROVIDED BY MEDISSIMO ARE NOT A SUBSTITUTE FOR MEDICAL ADVICE.

The information provided by the Medissimo Apps as part of the Services is for informational purposes only. Medissimo recommends that Users always refer to the package inserts provided with prescribed medications, as well as to the medical advice and prescriptions provided by healthcare professionals; these documents and information shall, in all cases, take precedence over the information provided by the Medissimo Apps.

4. MEDISSIMO SERVICES

4.1. Accessibility to Medissimo Applications

Medissimo makes every effort to provide Users with access to the Medissimo Applications 24 hours a day, 7 days a week, subject to the following.

Access to the Medissimo Applications and use of the Services require a high-quality internet connection, particularly for the Medissimo Pharmacist Web Application, for which the User is solely responsible. Consequently, in the event of a weak or poor-quality internet connection, access to the Medissimo Applications and/or the Services may be impaired, which the User acknowledges and accepts.

Medissimo Services and/or the Services provided by the Medissimo Applications may be disrupted due to force majeure, technical measures taken on Medissimo’s facilities, by data providers, or by network operators that are necessary for the proper functioning or improvement of the Services (for example, maintenance, repairs, software updates, or expansions), temporary overloads due to spikes in Service usage, or disruptions in third-party telecommunications systems.

In particular, Medissimo may, at any time, without incurring any liability:

  • Temporarily suspend, interrupt, or restrict access to all or part of the Medissimo Applications and/or Services; or restrict access to the Medissimo Applications and/or Services—or certain parts thereof—to a specific category of Users;
  • Suspend or restrict access to the Medissimo Applications and/or Services in order to perform updates.

Medissimo is not liable for any disruptions and/or inability to access the Medissimo Applications and/or Services due to a force majeure event, as defined in Article 1218 of the Civil Code, or due to an event beyond its control (including, but not limited to, problems with the User’s hardware and/or internet access, technical glitches, disruptions to the internet network, etc.).

  • Accommodation Services

As part of the Services, Medissimo hosts the Medissimo Applications, as well as the data entered into them by Users. Given the nature of the data that will be processed in connection with the use of the Medissimo Applications and the applicable legislation regarding the hosting of health data, data hosting is provided by a certified hosting provider as defined in Article L. 1111-8 of the Public Health Code.

This service is invoiced quarterly, according to current rates.

  • Support and Maintenance Services

Users may report issues to Medissimo, which undertakes to correct them—subject to an obligation of means—in accordance with the terms and conditions set forth in the Terms of Use.

Medissimo is committed to providing Support and Maintenance Services for the following Medissimo Applications:

  • Support refers to Level 1 Maintenance, which includes telephone support and, if requested by a User, remote support. It specifically covers the initial configuration and setup of Medissimo Applications and workstations as needed, as well as training and assistance during the initial setup.
  • Level 2 Maintenance refers to corrective maintenance, enabling the Applications to be upgraded and updated by installing corrective versions if necessary, updating the various nomenclatures used, correcting any defects and/or bugs relating to the version, and maintaining gateways for sending or receiving data to or from third-party software.

The following are expressly excluded from the Support and Maintenance Services: the User’s electronic and/or mobile devices, equipment, pill dispensers, and/or Medissimo secure pill dispensers; and, generally speaking, any items not provided as part of the Medissimo Services and Applications, as well as services not included (such as upgrade services outside the standard package…).

Assistance and/or Maintenance Services may be subject to additional invoicing.

Assistance and Maintenance can take place :

  • Or by telephone on 01 30 06 30 06,
  • Either by email at the following address: conseilleresante@medissimo.fr,
  • Or by chat,
  • Or by remote maintenance (remote control).

All requests must include the necessary information to enable Medissimo to provide Support and Maintenance Services. In this regard, Pharmacists specifically authorize Medissimo to access, as needed, the Account(s) and/or Professional Online Portal so that it can provide the required Support and/or Maintenance Services. Service calls are performed during the following business hours: Monday through Friday, from 9:00 a.m. to 6:00 p.m.

4.4. Interfacing services, particularly with “LGO” (Pharmacy Management Software) and “LGS” (Healthcare Management Software)

The Medissimo Pharmacien Web Application is compatible with a large number of players in the LGO and LGS market.

The pharmacy management software and healthcare facility management software used by the pharmacist can be integrated with the Medissimo Pharmacist web application. This integration helps secure the medication supply chain and minimize risks associated with manual data entry. Depending on the pharmacy management software (LGO) or long-term care management software (LGS) in use, the interface enables the import and/or export of patient identification information (last name, first name, national ID number, date of birth) and prescription details (CIP code, dosages, lot numbers, and expiration dates).

For the installation of interfaces between the LGO/LGS and the Medissimo Pharmacist Web Application, in pharmacies and/or healthcare facilities, installation and maintenance fees, as well as payment of access fees for the Services, will be determined in accordance with Medissimo’s financial terms (Appendix 1.1, with any installation and maintenance fees and access fees for the Services for the Medissimo Nurse Mobile App, if applicable, determined in accordance with Appendix 1.2).

Some LGO-LGS software providers may also charge additional installation and/or maintenance fees, which, in any case, are the responsibility of the pharmacist using the system. Similarly, any additional fees charged by third-party software providers are, if applicable, the responsibility of the nurse.

Since the data feeds and software from various LGO-LGS providers are subject to change, Medissimo cannot be held liable for ensuring the continuity of interface services—particularly between the LGO/LGS systems and the Medissimo Pharmacist Web Application—in any form or within any timeframe.

In the event of updates or modifications to LGO/LGS (or other third-party software solutions), Medissimo may, at the request of the User Pharmacist and/or the Nurse, evaluate the possibility of adapting the interface and, subject to its feasibility, propose to carry out such adaptation. If applicable, additional fees will be charged in accordance with the quote provided in advance by Medissimo and in accordance with Medissimo’s financial terms (Appendix 1).

5. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS – LICENSE

It is hereby reiterated, to the extent necessary, that Medissimo owns and/or is licensed to use all intellectual property rights in the components of the Medissimo Applications and/or Services, including all copyrights in the documents and information contained in the Medissimo Applications and the sui generis right of the database producer with respect to Adherence Data.

Accordingly, the User acknowledges that, with respect to the Medissimo Applications, the User is granted only a personal, non-exclusive license to use the Medissimo Applications, strictly limited to use in accordance with the Terms of Use, and which in no way constitutes any transfer or sale of intellectual property rights (the “License”). The License is non-transferable and may not be assigned by the User.

The User may not claim any other right to the Intellectual Property Rights, which he expressly acknowledges and accepts, and :

  • Is prohibited, in particular, from reproducing, adapting, modifying, transforming, translating, publishing and communicating in any way whatsoever, directly and/or indirectly, the Intellectual Property Rights ;
  • Agrees not to do anything that could infringe on intellectual property rights and to promptly notify Medissimo of any infringement of intellectual property rights of which it becomes aware.

The User also agrees not to :

  • Copy the Medissimo Applications, in whole or in part, except for backup or operational security purposes;
  • Rent, license, redistribute, sell, lend, modify, translate, merge, or alter all or part of the Medissimo Applications, and/or incorporate or combine them, in whole or in part, with any other program, without Medissimo’s express consent;
  • Disassemble, decompile, or create derivative works based on all or part of the Medissimo Applications;
  • Access, use, modify, or alter, in whole or in part, the source code of the Medissimo Applications;
  • Using the Medissimo Applications, in whole or in part, in violation of the regulations applicable to the User and/or the User’s business, and/or for unlawful purposes, or in violation of the Terms of Use and/or the contractual terms in effect between the User and Medissimo;
  • Use the Medissimo Applications or their features, in whole or in part, in any manner that could damage, disable, overload, impair, or compromise Medissimo’s systems, or that could interfere with other Users or collect information or data transmitted to or from Medissimo’s servers;
  • Use the Medissimo Applications, in whole or in part, for any purpose other than the Services.

6. RESPONSIBILITIES

6.1. Medissimo’s Responsibilities

Medissimo’s obligations with respect to Medissimo’s Products, Services, and/or Applications are obligations of means only.

Medissimo assumes no other liability and provides no other warranty regarding the Medissimo Applications and Services (including their content, specific features, reliability, availability, and/or their ability to meet the User’s needs) other than that provided for by applicable law.

Without prejudice to any mandatory legal or regulatory provisions, if the User is a business and not a consumer, Medissimo’s liability for consequential or indirect damages, loss of profits, loss of revenue, loss of business opportunities, or damage to brand reputation is expressly excluded. Medissimo’s liability under these Terms of Use, if the User is a professional, shall not exceed FOUR THOUSAND EUROS (€4,000).

To the extent permitted by applicable law, and for professional Users only, Medissimo assumes no responsibility for the accuracy, timeliness, or backup of the data and information entered into 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, imprecisions, or errors made by Users, particularly with regard to the entry and storage of data in the Medissimo Applications.

Furthermore, Medissimo Applications may contain links to websites or applications of independent third parties, or features that allow access to programs or content from independent third parties, for which Medissimo is not responsible and makes no warranties regarding their content, reliability, nature, or quality, nor regarding their compliance with applicable regulations, particularly with respect to the protection of personal data. Any interaction with and/or use of such third-party sites by the User is the User’s sole responsibility and does not bind Medissimo in any way or for any reason whatsoever. The limitations of liability do not apply in cases of willful misconduct or fraud.

In any event, and without prejudice to any mandatory statutory or regulatory provisions, Medissimo shall not be held liable in the following cases:

  • Error, omission, inaccuracy, imprecision, fault of a User;
  • Non-compliance by the User with (i) the applicable legislative and regulatory provisions in force, and/or (ii) the GCU;
  • Use of the Medissimo Applications and/or Services in a manner contrary to their intended purpose and/or Medissimo's instructions or recommendations;
  • Poor Internet connection/outage, technical problems and/or cyber-attacks affecting the premises, installations and digital spaces, software and equipment belonging to or placed under the responsibility of the User.

6.2. Responsibilities of Users, Healthcare Professionals, and Medical-Social Facilities

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 ensure access to the Medissimo Applications, including a high-quality Internet connection and access to Electronic/Mobile Devices, and (ii) ensuring that the data entered into the Medissimo Applications is accurate and up-to-date, as well as for backing it up.

Pharmacovigilance. Furthermore, it is the responsibility of Users, patients, caregivers, healthcare professionals, and medical-social facilities to report any adverse event suspected of being caused by a medication or product mentioned in Article L. 5121-1 of the Public Health Code of which they are aware. Any report of an adverse health event, including adverse effects suspected to be caused by a medication or product listed in Article L. 5121-1 of the Public Health Code, may be submitted on the website“signalement-sante.gouv.fr.”

The use of Medissimo pill organizers, devices, and/or applications, as well as the Services, does not under any circumstances exempt healthcare professionals, medical-social facilities, and/or entities associated with patient Users from their responsibility toward patient Users. Healthcare professionals and medical-social facilities remain, in all circumstances, responsible for the medical opinions and advice they provide, and must verify the accuracy of the information and data provided by the Medissimo Services and/or Applications. In general, each Healthcare Professional and Medical-Social Facility agrees to use the Medissimo Services and/or Applications (i) in compliance with laws, regulations, and the rights of third parties, and (ii) in good faith and in accordance with their intended purpose, in compliance with the Terms of Use and applicable regulations, particularly with respect to the practice of their profession, including, in particular, all related ethical rules.

In particular, healthcare professionals and medical-social facilities undertake to comply with all provisions of the Regulations. As such, each healthcare professional and medical-social facility declares that it has fulfilled all of its obligations regarding the implementation, under its responsibility, of the Regulations governing data processing in connection with its use of the Medissimo Application Services, particularly with respect to its patients and staff.

Healthcare professionals and medical-social facilities agree to work closely with Medissimo, and in this regard, they agree in particular to:

  • Use all available means to collaborate with Medissimo,
  • Report any issues to Medissimo so they can be addressed as quickly as possible, thereby helping to ensure the quality of the Services and Benefits,
  • Communicate the information required to perform the Services in a timely manner,
  • Ensure the availability, cooperation and competence of their staff.

Interoperability: Medissimo Applications may enable data exchange with other applications used by Healthcare Professionals, in accordance with the Data Co-processing Agreement in Appendix 2.1 (care management software for long-term care facilities, pharmacy management software, etc.). These data exchanges are initiated by the healthcare professional in the relevant Medissimo Application, and under the healthcare professional’s sole responsibility. Information originating from third-party software and imported into the Medissimo Applications must be verified by the healthcare professionals who use them. Similarly, healthcare professionals who use the Medissimo Applications are responsible for the data they validate within these Applications and send to third-party software.

7. SUSPENSION OF SERVICES AND BENEFITS

7.1. By Users

The User is free to stop using the Applications at any time.

For both the Medissimo Pharmacist Web Application and the Medissimo Nurses Mobile Application, no refund will be granted if use is discontinued during a billing period: any billing period that has begun is due in full. The billing period is defined in Appendix 1.  

A request to deactivate the account must be submitted to the responsible pharmacist and/or Medissimo, depending on the user profile.

Deactivating the Account will prevent access to the Applications and Services. The Pharmacist may retrieve the data and content and/or request their deletion, if desired, by submitting a written request to that effect to Medissimo.

7.2. By Medissimo

Without prejudice to its other rights and remedies, Medissimo reserves the right to terminate the Services and the License for the Medissimo Applications, including:

  • In the event of breach by the User of any of its obligations under the GCU, and in particular those set out in articles 2 and/or 4, after formal notice has been sent by e-mail with a request for confirmation of receipt, which has remained without effect EIGHT (8) working days after its receipt,
  • In the event of breach by the User of any of its obligations under the GCU, and in particular those set out in articles 5, 6 and/or 9, immediately upon simple notification sent by e-mail with request for confirmation of receipt.

In the event that the Pharmacist and/or the Nurse fails to pay a single fee by its due date, Medissimo may, as a matter of right:

  • Suspend the Medissimo Application Benefits, Services, and License after sending a formal notice via email with a request for acknowledgment of receipt, which has remained unanswered for EIGHT (8) business days following its receipt. At the end of this period, Medissimo may notify the Pharmacist and/or Nurse of the suspension via email with a request for acknowledgment of receipt.
  • Terminate the Medissimo Application Services and License due to the fault of the Pharmacist and/or Nurse upon simple notification sent by email with a request for acknowledgment of receipt, in the event of failure to pay within TEN (10) business days from the date of the aforementioned suspension notice.

The termination will take effect upon receipt of the termination notice. The Medissimo Applications and Services will remain accessible until that date. No refund will be granted in the event of termination during a billing period: any billing period that has begun is due in full. The billing period is defined in Appendix 1.  

Termination results in the cessation of the Benefits, Services, and License, as well as access to the Medissimo Applications.

The Pharmacist may retrieve the data and content and/or request their deletion if he or she wishes to do so by submitting a written request to that effect to Medissimo.

If the User believes that their account and/or access to the Medissimo Applications has been suspended, deleted, or terminated in error, the User may contact Medissimo at the following address: Medissimo – Technoparc, 8 rue Charles Edouard Jeanneret – 78300 POISSY; client@medissimo.fr.

7.3. Request to Change Providers

Healthcare professionals have the option to request the following from Medissimo:

  • To change the provider of Medissimo Services, or
  • To transfer all of its digital assets and exportable data (as those terms are defined in Regulation (EU) 2023/2854 of December 13, 2023; collectively,the “Exportable Data”) to an on-premises ICT infrastructure, or
  • To delete its exportable data at any time, subject to a notice period of SIXTY (60) days, notified by certified mail with return receipt requested.

In this case, and without prejudice to any termination fees applicable in the event of early termination, in accordance with Section 7.1, which remain payable to Medissimo, if applicable:

  • During the SIXTY (60)-day notice period, extended, if necessary, by a transitional period of up to THIRTY (30) days following the end of the aforementioned notice period, Medissimo shall provide the Healthcare Professional (and any third party authorized by the Healthcare Professional) with reasonable assistance (including by providing any relevant information) in connection with the provider change process, shall act diligently to maintain the continuity of Medissimo Services, shall provide clear information on known risks within Medissimo’s control that may affect the continuity of Medissimo Services, and ensure that a high level of security is maintained throughout the provider transition process, particularly with regard to data security during data transfer and the ongoing protection of data.
  • The healthcare professional may request an extension of this transition period for an additional THIRTY (30) days.
  • When it is technically impossible to comply with the aforementioned maximum transition period to complete the process of changing providers, Medissimo shall notify the Healthcare Professional within FOURTEEN (14) business days of the submission of the request to change providers, duly justify the technical impossibility, and specify an alternative transition period, which may not exceed SEVEN (7) months. The continuity of Medissimo’s Services is ensured throughout this new transition period.
  • Medissimo supports the healthcare professional’s exit strategy regarding Medissimo Services, including by providing all relevant information for that purpose.
  • The Contract shall be effectively terminated, and the Healthcare Professional shall be notified of such termination (i) if applicable, upon successful completion of the provider change process, or (ii) at the end of the SIXTY (60) day notice period, if the Healthcare Professional does not wish to change providers but wishes to cancel the service.
  • Effective upon the actual termination of the Contract, the Healthcare Professional has a period of THIRTY (30) calendar days to request the retrieval of exportable data.
  • Medissimo will delete all exportable Data (provided that the provider changeover process has been successfully completed) no later than FIVE (5) years after the termination of the Agreement for any reason whatsoever.
  • The fees for changing providers (excluding the cost of Medissimo services and any early termination penalties) are billed in the amount of the actual costs incurred by Medissimo in connection with this procedure, which are directly related to the process of changing providers, upon presentation of the relevant supporting documentation.

All parties involved, including the destination providers of data processing services, shall cooperate in good faith to ensure that the process of switching providers is effective, to enable the timely transfer of data, and to maintain the continuity of the data processing service.

With regard to Exportable Data, Medissimo makes such data available to the Healthcare Professional, upon termination of the Contract for any reason whatsoever, in a usable format. This data may be transferred, free of charge and at the request of the Healthcare Professional, to another provider offering services that compete with Medissimo’s Services.

8. GOVERNING LAW – DISPUTE RESOLUTION

8.1. Governing Law

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.

8.2. Dispute Resolution

Medissimo provides Users with a support service that can be contacted in the event of difficulties while using the Services, and/or the Medissimo Applications, and/or the Medissimo Equipment.

USERS ARE REMINDED THAT MEDISSIMO IS NOT LIABLE IN THE EVENT OF A USER’S FAILURE TO FULFILL THEIR CONTRACTUAL, REGULATORY, AND/OR PROFESSIONAL OBLIGATIONS.

IF NO AMICABLE SETTLEMENT IS REACHED WITHIN THIRTY (30) DAYS OF THE DISPUTE ARISING, ANY DISPUTE ARISING FROM THE CONTRACT BETWEEN A BUSINESS USER AND MEDISSIMO SHALL BE SUBMITTED, AT THE INITIATIVE OF THE MORE PROACTIVE PARTY, TO THE COMPETENT COURTS.

9. PROTECTION OF PERSONAL DATA

9.1. Processing of Personal Data by Medissimo as the Data Controller

Medissimo is committed to complying with the applicable laws and regulations governing the protection of personal data concerning healthcare professionals who use the Medissimo Pharmacist Applications (including any individuals associated with the Pharmacist), and in particular to applying the Medissimo Privacy Policy, which is attached to these Terms of Use (Appendix 4) and available at the following address: https://www.medissimo.fr/politique_confidentialite.

9.2. Processing of Personal Data by Medissimo as a Joint Data Controller with Healthcare Professionals

Users, Healthcare Professionals, and Healthcare and Social Care Facilities are hereby informed that the provision and use of Medissimo’s Services and Applications involve the processing of personal data relating to patients and/or the staff of Healthcare Professionals and/or Healthcare and Social Care Facilities.

Healthcare professionals and/or medical-social facilities, as well as Medissimo, are joint data controllers within the meaning of the aforementioned personal data regulations. As such, healthcare professionals retain full control over the collection and processing of patients’ personal data via the Medissimo Applications, particularly through the Virtual Professional Space. Medissimo and healthcare professionals are jointly responsible for monitoring compliance.

The obligations of each party are set forth in the “Data Protection Joint Processing Agreement” included in Appendix 2.1.

10. GENERAL PROVISIONS

10.1. Evidentiary Value of Electronic Documents

Electronic communications between Medissimo and the User shall be deemed admissible as evidence. Accordingly, it is expressly agreed that, unless there is a manifest error or evidence to the contrary, the data stored by Medissimo in its information system shall be deemed admissible as evidence between the parties in the event of a dispute.

10.2. Entire Agreement – No Waiver – Severability

These Terms of Use fully supersede any prior agreements that may have existed between Medissimo and the User regarding the subject matter of these Terms of Use. Failure by Medissimo or the User to assert a right or take action shall in no event be deemed a waiver of that right or action. In the event that any provision of these Terms of Use becomes invalid, is declared invalid, prohibited, impossible, or ineffective, the validity of the remaining provisions of these Terms of Use shall not be affected, and a provision with equivalent economic and legal effects may be substituted for the provision in question.

10.3. Place of Jurisdiction – Language and Scope of the Terms of Use

The User designates the address listed in their Account—if applicable—as their address for service, and Medissimo designates the address of its corporate headquarters, as set forth in the Terms of Use, as its address for service.

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 the Medissimo Apps and their content are accessible worldwide, access to the Medissimo Apps from jurisdictions where their content is considered unlawful or contrary to applicable regulations is prohibited. In the event that the Medissimo Apps are used in jurisdictions other than the Territory, the User is solely responsible for complying with applicable regulations.

10.4. Subcontracting

Medissimo may outsource the performance of its obligations under the Terms of Use, in whole or in part, to any party of its choice, after providing notice in accordance with the terms of Appendix 2, “Data Protection Agreement.”  

APPENDIX 1 – MEDISSIMO FINANCIAL TERMS AND CONDITIONS

APPENDIX 1.1 FINANCIAL TERMS FOR MEDISSIMO PHARMACIST

PRICE

The prices applicable to the Services provided by Medissimo through the Medissimo Pharmacist Web Application are those currently in effect.

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, provided that an active patient is defined as a patient with at least one day of treatment during the month specified in a prescription, regardless of the prescription’s status (validated, dispensed, suspended, added, or deleted), and that a month of treatment is a full calendar month, from the 1st 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 Pharmacist Web Application is used without the Medissimo Pill Organizers, or if there is a difference of more than TWENTY PERCENT (20%) between the theoretical number of pill organizers used per patient in the Medissimo Pharmacist Web Application and the number of Medissimo Pill Organizers actually purchased, the surcharge may be applied to the Services provided by Medissimo in connection with the Medissimo Pharmacist Web Application.

For example, for weekly Medissimo pill organizers, you should allow for FIFTY-TWO (52) Medissimo pill organizers per year per patient. If the number of Medissimo pill organizers purchased is less than FORTY-ONE (41) Medissimo pill organizers per year per patient (52 – (52 × 20%)), the surcharge will apply retroactively as of January1 of the year in which the difference exceeding TWENTY PERCENT (20%) was observed.

  • PAYMENT TERMS AND DEADLINES For a subscription to the Medissimo Pharmacist app:

The subscription is billed monthly.

  • For secure hosting of Medissimo applications:

Hosting is billed quarterly.

  • For managing software interfaces:

The installation will be billed upon signing the estimate.

Maintenance is billed annually on the anniversary date.

They are payable in accordance with the deadlines and terms set forth in the single agreement entered into between Medissimo and the Pharmacist for the current year.

Otherwise, the following payment terms and conditions apply:

– Payment due within SEVEN (7) days if paying by check

  • Payment within FIVE (5) days for SEPA direct debits.

For SEPA direct debits, the pharmacist agrees to provide his or her bank account information (RIB) and to accept and sign the SEPA mandate authorizing Medissimo to automatically debit his or her bank account.

In the event of non-payment by the Pharmacist—and unless Medissimo has granted an extension in writing—failure to pay an invoice or fee by the due date shall automatically result in the charging of late-payment interest equal to THREE (3) times the statutory interest rate, in addition to a lump-sum compensation of FORTY (40) euros for collection costs or any other amount provided for by 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 claim regarding an invoice must be submitted to Medissimo’s claims department by email at reclamation@medissimo.fr or by certified mail to the address of the corporate headquarters within THIRTY (30) business days of receipt, which is presumed to have occurred within THREE (3) business days of the date shown on the invoice. No claim will be accepted after the THIRTY (30) business day deadline has passed.

FINANCIAL CONDITIONS FOR ADDITIONAL SERVICES

Additional services may be invoiced on the basis of a prior estimate.

APPENDIX 1.2 FINANCIAL TERMS FOR MEDISSIMO NURSES

The prices, terms, and payment conditions applicable to User Nurses are as follows:

  • Those detailed for the Medissimo Nurse mobile app on the App Store for nurses practicing independently, or
  • Those provided separately by Medissimo in the event of a separate agreement (in particular, when User Nurses practice their profession as part of a group, in any form whatsoever, including in a private practice or healthcare facility).

APPENDIX 2.1 – DATA PROTECTION AGREEMENT

  1. SUBJECT

In connection with the provision of Services, and in order to monitor treatment adherence among patients of Healthcare Professionals and/or Medical-Social Facilities, Medissimo and the Healthcare Professionals and/or Medical-Social Facilities are each required to process patients’ personal data, using their own means and for their own purposes, which they determine jointly.

Accordingly, the purpose of this agreement (“the Agreement”) is to define the legal terms under which Medissimo, in its capacity as a joint data controller within the meaning of the Regulations, undertakes to process, jointly with the Healthcare Professional and/or the Medical-Social Facility (the“Joint Data Controllers”), personal data in connection with the provision of the Services. Medissimo and the Joint Data Controller are hereinafter collectively referred to as the“Parties”and individually as a“Party.”

The Agreement fulfills the obligation to define, between the Parties, the purpose 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 each Party.

Acceptance of the Terms of Service by the Joint Data Controller constitutes acceptance of the terms of this Agreement, the term of which is the same as that of the Terms of Service. Capitalized terms used in this Agreement have the meanings assigned to them in the Terms of Service, unless otherwise defined in this Agreement.

Within the framework of their contractual relationship, the Parties agree to comply with the French Data Protection Act of January 6, 1978 (as amended) and the General Data Protection Regulation of April 27, 2016 (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data,“GDPR”), in particular Article 26 thereof.

  1. DESCRIPTION OF THE PROCESSING OF PERSONAL DATA (“PROCESSING”)

Medissimo provides healthcare professionals with the Medissimo Pharmacist and Medissimo Facility web applications and the Medissimo Nurse mobile app, as well as the Kimed mobile app to data subjects. As such, Medissimo and healthcare professionals are authorized to process the personal data of data subjects under the conditions set forth below.

1 - Treatments

Detailed purposes

Traceability of the medication supply chain, adherence monitoring, and sharing of patient health data among the patient’s healthcare professionals: physicians, pharmacists, nurses, medical-social facilities, etc.

Compilation of Drug Statistics

2 - Stakeholders

Legal Entities Responsible for Data Processing

Healthcare professional and/or relevant medical-social facility

Medissimo, a simplified joint-stock company with a capital of €2,525,000.00, registered with the Versailles Commercial Register under number 434 856 209, with its principal place of business at TECHNOPARC, 8 rue Charles Edouard Jeanneret – 78300 POISSY

Internal Manager: Caroline Blochet/DTI

Categories of subcontractors

Service Provider: Health Data Hosting Provider (OSPI)

3 - Data and data subjects

Categories of Data Processed

– Civil status, identity, identification data

– Login information

– Social Security number

– Health data (prescriptions and adherence)

Category of data subjects

– Patients

– Caregivers

Data Collection Method

Direct data collection by the healthcare professional: the pharmacist enters the patients' prescriptions.

Adherence data are entered by the patient, caregivers, the pharmacist, and nurses.

Third-party service providers with access to the data

- Technical support (during remote access for Assistance)

– Health Data Hosting Provider (OSPI)

Transfer outside the EU

No transfers outside the EU

Description of measures to ensure data quality

– The pharmacist must validate each prescription in the Medissimo Pharmacist web application

– Automatic checks on entered data: required fields and data consistency checks (price, number of boxes, etc.), which trigger alerts for the user.

4 - Basis for treatment

Data Retention Period in Production

Data from Medissimo applications is retained for 4 months in the active database—meaning it is accessible online—and for 32 months in the archive database—meaning it is accessible only upon a documented and justified request.

Retention period in a separate archive database

Data is stored with the health data hosting provider (OSPI). No separate archive database is planned at this time.

Legal Basis for Processing

Performance of Services (contractual measures) and consent of the data subject.

If the basis for processing is consent, how is consent obtained?

The pharmacist agrees to provide the patient with the “GDPR document,” which informs the patient of their rights (accessible from the patient’s record in the Medissimo Pharmacist Web Application), to verify the patient’s consent, and to notify Medissimo if the patient requests to exercise any of their rights under the GDPR.

How are data subjects informed about processing and how to exercise their rights?

From a patient’s record in the Medissimo Pharmacist Web Application, the pharmacist can print the “GDPR document” that informs the patient of their rights, and can indicate that the patient has been informed of their rights (checkbox).

How do subjects exercise their rights?

Directly from the healthcare professional whose name and contact information are available in the “Care Network” tab of the app

Directly through Medissimo by email: dpo@medissimo.fr, phone: 01 30 06 30 06 (switchboard), fax: 01 30 06 30 07, and the contact form on the company’s website (www.medissimo.fr).

5 - Treatment applications, measurements and contracts

Key security measures implemented by Medissimo related to treatments

– The data is hosted by a hosting provider certified for Health Data Hosting (HDS)

– Pharmacist accounts are created only after the identity of the responsible healthcare professional has been manually verified

– Data is accessible only after the User has logged in (account with username and password)

– The account is locked for 15 seconds after 3 failed attempts (incorrect password)

– A system for granting access to information has been implemented

– Access to information is logged

Host

OSPI, a simplified joint-stock company with a capital of 1,000,000 euros, with its principal place of business at 77 Boulevard Marius Vivier Merle, 69003 Lyon, registered with the Lyon Trade and Companies Register under number 419 097 654

  1. CONTACT POINT

Each Party shall designate a natural person from among its staff as the point of contact for all matters relating to the protection of personal data in connection with the service.

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 Protection Officer of each Party must have all necessary authority and may be consulted by the other Party on any matters related to the obligations set forth in the Terms of Service involving personal data and, where applicable, in the reports submitted by the joint data controllers to the supervisory authority.

  1. GENERAL OBLIGATIONS OF THE PARTIES

The purpose of this article is to define the obligations of Medissimo and the Healthcare Professional, in their capacity as joint data controllers, to protect the security and confidentiality of personal data.

In accordance with the Regulations, the Parties agree to and warrant that:

  • Process personal data in accordance with the purposes set forth in this agreement, and be authorized to provide the assurances and make the commitments set forth in the Agreement;
  • Ensure, beforehand and throughout the duration of the Treatment(s), compliance with the obligations set out in the Regulations;
  • Implement appropriate technical and organizational measures to ensure an adequate level of security for the personal data being processed, taking into account the processing activities, their purposes, and the nature of the data being processed;
  • Ensure the confidentiality of personal data processed under this Agreement and require its personnel involved in the processing of personal data to:
    • An obligation to keep personal data confidential;
    • Training sessions on personal data protection.
  • Ensure that adequate security safeguards are in place, in accordance with applicable regulations, to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access—particularly when the processing involves data transmissions over a network—as well as against any other form of unlawful processing; and ensure that the level of security is appropriate to the risks posed by the processing and the nature of the data to be protected, taking into account the state of the art and the cost of implementing the processing;
  • Comply with the conditions laid down in the regulations governing the use of subcontractors;
  • To fulfill its obligation to respond to requests submitted by data subjects seeking to exercise their rights of access, rectification, objection, portability, and erasure; if one party does not respond to requests from data subjects or the supervisory authority, or is unable to do so, the other party shall respond to the extent possible by providing reasonably available information; such responses shall be provided within a reasonable time;
  • Require each contracting party, in the event of subcontracting, to comply with the same obligations as those set forth in this Agreement;
  • Ensure that any person acting under the authority of a party, including a subcontractor, may process personal data only upon instruction from that party; this provision does not apply to persons who are authorized or required by law or regulation to have access to personal data;
  • Keep a record of all categories of processing activities carried out;
  • Cooperate with the CNIL upon its request;
  • Inform the individuals concerned about the processing of their data, in accordance with applicable regulations, and in particular about the transfer of data to the other party to this agreement;
  • Provide the affected individuals, upon request, with a copy of the Agreement and a summary description of the security measures, as well as a copy of any subsequent subcontracting agreement entered into under the Agreement, unless such documents contain trade secrets, in which case they may redact such information;
  • Ensure compliance with their obligations regarding data security, notification to the CNIL, and notification to the individuals concerned in the event of a personal data breach, if applicable;
  1. MEDISSIMO'S OBLIGATIONS

The purpose of this article is to define Medissimo's obligations regarding the protection of the security and confidentiality of personal data.

In accordance with the Regulations, Medissimo agrees to:

  • Process personal data only within the European Union;
  • Take all the security measures set out in its "Security Policy";
  • Take into account the principles of personal data protection when designing and developing Medissimo’s Products, Services, and Applications;
  • Delete, at the request of the joint data controller, all personal data to which it has access or return such data to the joint data controller in the event of termination of the Services, with the exception of data retained for a longer period for the purposes of (i) compliance with applicable legal and regulatory obligations (such as document retention, billing, or fraud prevention), and/or (ii) ensuring the establishment, the establishment, exercise, or defense of MEDISSIMO’s legal rights during the applicable statute of limitations period. 

In the event of termination of the contractual relationship, for any reason whatsoever, Medissimo agrees, at the discretion of the joint data controller and upon the latter’s request, to:

  • Delete personal data in your possession;
  • Return the aforementioned personal data to the joint data controller;
  • Transfer the aforementioned personal data to another department designated by the joint data controller.

In the event of data return, Medissimo will destroy any copies of the returned personal data as soon as possible and will notify the joint data controller in writing of such destruction.

However, Medissimo may retain the collected data if it has been anonymized, provided that it can demonstrate to the joint data controller that it is impossible to identify the data subject.

  1. OBLIGATIONS OF HEALTHCARE PROFESSIONALS

The purpose of this article is to define the obligations of healthcare professionals to protect the security and confidentiality of personal data.

The healthcare professional agrees that only the personal data necessary for the use of the Medissimo Services and Applications will be processed, and that such processing will be limited in terms of the amount of data, the scope of processing, and the retention period.

In accordance with the Regulations, the healthcare professional agrees to:

  • Provide patients with information about the sharing of health data in accordance with the Public Health Code (included in Appendix 2.2 and always available on the web and mobile apps) and obtain their consent if necessary;
  • Confirm the submission of the form (checkbox in the web or mobile app) once the information has been provided to the patient;
  • Process data only within the European Union;
  • Take all appropriate and necessary security measures, taking into account the nature of the data being processed and the purposes for which it is being processed.

In accordance with the Public Health Code, the joint data controller must inform patients that their health data will be shared with other healthcare professionals through the applications. However, obtaining the data subject’s express consent is mandatory when the healthcare professional is not part of the patient’s care team.

To help the joint data controller comply with this legal obligation, Medissimo provides a specific tab titled “Care Circle” that lists the healthcare professionals who make up the care team for each data subject.

Medissimo also provides the joint data controller with specific information to be provided to the patient (included in the information document in Appendix 2.2 and always available on the Web and Mobile Apps).

In all cases, the healthcare professional agrees to provide the individuals concerned with complete information in advance.

Medissimo Applications may enable data exchange with other applications used by Healthcare Professionals (care management software in nursing homes, pharmacy management software, etc.). These data exchanges are initiated by the Healthcare Professional within the relevant Medissimo Application, and are the sole responsibility of the Healthcare Professional. Information sourced from third-party software and imported into the Medissimo Applications must be verified by the healthcare professionals who use them. Similarly, healthcare professionals who use the Medissimo Applications are responsible for the data they validate within these Applications and send to third-party software.

  1. WARNING

Given the nature of the Services provided by Medissimo and the fact that Medissimo cannot exercise control over all of the personal data protection measures that must be implemented to meet the requirements of the Regulations, the Joint Data Controller undertakes, regardless of the measures taken by Medissimo, to implement the necessary technical and organizational measures to protect access to its Professional Virtual Space and its Professional Account in connection with the use of the Medissimo Applications.

The Joint Data Controller acknowledges that Medissimo’s liability is limited to the personal data protection measures set forth in the Security Policy.

In the event of incidents related to personal data protection measures under the control of the joint data controller, the joint data controller agrees to notify Medissimo, which will use its best efforts to assist the joint data controller in resolving the issue.

The Joint Data Controller acknowledges that Medissimo is in no way liable for:

  • The occurrence of an event of Force Majeure ;
  • Misuse of the Services by the joint data controller that affects the protection of personal data;
  • Fraudulent access by a third party ;
  • Failure by Healthcare Professionals to comply with the measures set out in the Safety Policy;
  • A breach by the joint data controller of its obligations under the Regulations.
  1. PROCEDURES FOR EXERCISING INDIVIDUALS’ RIGHTS

Each Party undertakes, to the fullest extent possible, to assist the other Party in processing any request from a data subject exercising their rights of access, rectification, erasure, restriction, withdrawal of consent, data portability, or objection to the processing of their personal data, or their right to provide instructions regarding the handling of their personal data after their death.

Any request from the joint data controller arising from a complaint by a data subject whose personal data has been collected must be submitted to Medissimo via the following email address: dpo@medissimo.fr.

When a data subject exercises their rights directly with Medissimo, Medissimo agrees, upon receipt of such a request, to notify the joint data controller by email.

Each Party shall ensure that the appropriate actions are taken in response to the request of the person concerned.

Each Party must maintain an up-to-date electronic log of requests to exercise rights, containing the relevant dates and a description of the communications with the individuals concerned.

  1. NOTIFICATION OF PERSONAL DATA BREACHES

In the event that one of the Parties becomes aware of a personal data breach, that Party shall notify the other Party of such breach by email as soon as possible so that the Parties may jointly report the breach to the CNIL, if necessary, no later than seventy-two (72) hours after becoming aware of it.

This notification shall be accompanied by any relevant information to enable the other Party, if necessary, to report this violation to the CNIL.

  1. SECURITY MEASURES AND GUARANTEES

The security measures and assurances provided by the Parties regarding the implementation of appropriate technical and organizational measures designed to protect personal data are described in the Security Policy.

  1. RECORD OF PROCESSING ACTIVITIES

The Parties agree to maintain a record of all categories of processing activities carried out under this Agreement, including:

  • The name and contact information of the joint controller or processors for each processing activity, as well as, where applicable, the names and contact information of the representative of the joint controller or processor and those of the data protection officer;
  • Categories of processing;
  • The purposes of the processing carried out;
  • A description of the categories of data subjects and the categories of personal data;
  • The categories of recipients to whom the personal data has been or will be disclosed, including, where applicable, recipients in third countries or international organizations;
  • The deadlines for deleting the various categories of data.
  • Where applicable, transfers of personal data to a third country or an international organization, including the identification of that third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, the documents demonstrating the existence of appropriate safeguards;
  • To the extent possible, a general description of the technical and organizational security measures, including, among other things, where applicable:
  • Pseudonymization and encryption of personal data;
  • Measures to ensure the confidentiality, integrity, availability, and resilience of processing systems and services;
  • Measures to restore the availability of and access to personal data within a reasonable timeframe in the event of a physical or technical incident;
  • A procedure designed to regularly test, analyze, and evaluate the effectiveness of technical and organizational measures intended to ensure the security of data processing.
  1. PROCEDURE FOR ASSESSING THE SECURITY LEVEL

In particular, Medissimo has established a procedure to assess the level of security applied to the protection of personal data processed in connection with the Service. The purpose of this procedure is to verify, once a year, whether the measures set forth in Medissimo’s Security Policy to ensure the protection of personal data remain relevant and appropriate in light of the Regulations.

The Joint Data Controller undertakes to implement equivalent measures appropriate to the purposes and processing activities it carries out under the Agreement.

  1. INFORMATION AND ADVICE

The Joint Data Controller declares that, pursuant to the terms of this agreement and the Security Policy provided by Medissimo, it has obtained the necessary information, guidance, and assistance to ensure Medissimo’s compliance with its obligations under the Regulation, and that it has been able to verify that it is itself in compliance with the obligations imposed on it by said Regulation.

  1. SUBCONTRACTING

The joint data controller has been informed of and has approved the involvement of Medissimo’s processors, which are listed in the Security Policy.

The joint data controller is also informed that Medissimo may engage a processor to carry out specific processing activities.

In such cases, Medissimo will notify the joint data controller in advance and in writing of any proposed changes regarding the addition or replacement of processors.

This information will specify the subcontracted processing activities and the identity and contact details of the subcontractor.

The joint data controller will then have a minimum of eight (8) days from the date of receipt of this information to raise any objections.

If no objections are raised within the aforementioned time limit, the subcontractor in question will be deemed to have been approved by the joint data controller.

If there are any objections, the joint data controller must provide objective reasons for the refusal.

If these arguments are valid, Medissimo will ask its processor to take into account the reservations expressed by the joint data controller or will propose another processor.

Medissimo is committed to ensuring that its subcontractors provide sufficient guarantees regarding the implementation of appropriate technical and organizational measures as defined in its Personal Data Protection Policy, so that all data processing complies with the requirements of the Regulation.

Each of Medissimo's subcontractors is required to comply with the obligations set forth in this Agreement.

Conversely, the Joint Controller may engage a processor to perform specific processing activities under the Agreement. If applicable, the Joint Data Controller shall notify Medissimo of any designation, modification, addition, or replacement of processors. The Joint Data Controller shall ensure that such processor provides the same guarantees regarding the implementation of appropriate technical and organizational measures so that the processing complies with the requirements of applicable data protection regulations;

If applicable, the joint data controller shall send a copy of the data processing agreement to Medissimo as soon as possible;

The Joint Controller remains fully liable to Medissimo for any breach by its processor of its data protection obligations under the Agreement and applicable law. More specifically, in the event that a processor is engaged in a manner that involves a data transfer to a third country that does not provide adequate safeguards within the meaning of the GDPR, the Joint Controller shall enter into a contract with said processor in accordance with applicable regulations.

APPENDIX 2.2 – INFORMATION SHEET ON THE SHARING OF YOUR HEALTH DATA

Your healthcare provider—a pharmacist or nurse—and, if applicable, the medical-social facility where you receive care, have decided to use a pill organizer and an associated electronic system capable of processing your health data.

In this privacy notice, MEDISSIMO explains the conditions under which healthcare professionals may enter, modify, and share your medical data with one another via the MEDISSIMO web and mobile applications.

  1. Nature of the Shared Information

Healthcare professionals share the following information about you on the Medissimo apps:

  • Identification: last name, first name, and date of birth
  • Contact information: mailing address, email, and phone number
  • Sensitive data: Social Security number and health information (prescriptions and medication adherence)
  1. Professional Categories

Your personal information is shared among the healthcare professionals who make up your care team:

  • Primary Care Physician: Dr. XXXXXXXXX (medical profession)
  • Nurses: Ms. XXXXXX and Ms. XXXXXX (medical assistant)
  • Pharmacists: XXXXXXXXXXX and XXXXXXXXXX (pharmacy and medical physics)
  • Medical-Social Facility: Mr. XXXXXXXXXXX and Ms. XXXXXXXXXX (medical assistant)

You can also view your healthcare team on the Kimed mobile app.

  1. Sharing Arrangements

As part of your care, you authorize the healthcare professionals on your care team to create, view, and share your medication history with one another when necessary to ensure the continuity, coordination, and safety of your care. You also authorize them to upload this medication summary to your Shared Medical Record (DMP) so that it can be accessed by authorized healthcare professionals involved in your care.”

  1. Right to object

You specifically have the right to object to the sharing of your health data with one or more healthcare professionals who are members of your care team by contacting (1) your pharmacist or nurse, or (2) directly through the Kimed App. You may exercise this right to object at any time.

 

APPENDIX 3 - SAFETY POLICY

This security policy (the“Security Policy” ) outlines 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 Healthcare and Social Services Facilities, in connection with the download, access, activation, viewing, and use of the Medissimo Applications.

  • MEDISSIMO SECURITY MEASURES

The security measures and safeguards provided by Medissimo regarding the implementation of appropriate technical and organizational measures designed to protect personal data are as follows:

  • User access control

Registration for the Medissimo Pharmacist Web Application is done online, on the platform. When registering for the Medissimo Pharmacist Web Application, the platform verifies that the RPPS number of the licensed pharmacist matches the FINESS number of their pharmacy.

Registration for the Medissimo Etablissement Web Application is done online, on the platform. When registering for the Medissimo Etablissement Web Application, the platform verifies the email address, the nurse’s RPPS number, and the facility’s FINESS number, if applicable. Access to pharmacy data via Medissimo Etablissement for users at a facility is granted by Medissimo, with the pharmacist’s consent.

Registration for the Medissimo Nurse Mobile App is done online, directly through the app. When registering for the Medissimo Nurse Mobile App, the app verifies the nurse’s RPPS number. Access to a patient’s pharmacy data through the Medissimo Nurse Mobile App is granted by the pharmacist via the Medissimo Pharmacist Web App.

Logging in to the platform's applications requires the user's username and password, as well as a unique 6-digit OTP (One-Time Password) and a software certificate, both of which are provided by the OSPI hosting provider.

  • Access Management

Access to a patient’s shared medical record is restricted to healthcare professionals authorized to view it. Authorization for a healthcare professional takes into account the concept of the healthcare team, so that only those professionals who are actually involved in a patient’s care or treatment may access information covered by medical confidentiality.

All authorization requests are approved by a MEDISSIMO manager, and healthcare professionals’ access permissions are revoked as soon as they are no longer authorized to access the patient’s health data.

  • Traceability measures

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.

In addition, the hosting provider has all the login credentials for the platform. Just as with developers’ access to the servers, customer logins to the platform are logged. In the event of a problem, Medissimo reserves the right to requestan “extract” ( export) from OSPI in order to verify this information.

  • Software protection measures

Data from Medissimo Applications is hosted by OSPI, a healthcare data hosting provider certified as a “Healthcare Data Host” (Article L. 1111-8 of the Public Health Code and the Decree of January 4, 2006, regarding the hosting of personal healthcare data).

These data are entirely hosted in France and are not transferred to a third country or to an international organization.

OSPI is ISO 27001 and HDS certified and has implemented the necessary security measures to comply with the requirements of the relevant sections of the ISO 27001 standard and the HDS certification framework.

Medissimo makes every effort to ensure that its servers and applications have the latest available software patches, including security patches. The hosting provider, OSPI, communicates with Medissimo regularly regarding the various migrations and updates applied to its servers.

  • Data backup

The hosting provider OSPI runs a daily backup of the Medissimo application databases. These backups can be restored in part or in full in the event of a problem.

In addition, before each production deployment, Medissimo requests that the hosting provider back up the database beforehand so that it can be restored in the event of a problem.

  • Data encryption

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 specific procedure (see the section titled “Traceability Measures”).

  • Medissimo Subcontractors
  1. a) List of Medissimo subcontractors

The Medissimo platform uses two hosting providers:

  • OSPI for health data (for production and pre-production servers),
  • OVH to interact with our data providers (non-sensitive data).

Non-sensitive data stored at OVH :

  • "Base Claude Bernard" (BCB) drug database provided by the RESIP group.
  • Répertoire Partagé des Professionnels de Santé (RPPS), from the official state directory.
  • Ficher d'Identification National des Etablissements Sanitaires et Sociaux (FINESS), from the official state database.

This data is imported into our database every week via secure connections initiated by the Medissimo platform, which is hosted on an HDS-certified server.

  1. (b) Control Measures for Medissimo Subcontractors

Both our hosting providers have supervisors who can check server status and access the machine if necessary.

In particular, OSPI has an alert system that notifies Medissimo in the event of an outage. This allows Medissimo to inform its customers if the problem persists and if the problem is detected during Medissimo’s support hours (Monday through Friday, 9 a.m. to 6 p.m.).

  • Other measures

Technical development data is managed by the Confluence and Jira tools and stored at ATLASSIAN.

  • SAFETY MEASURES FOR HEALTHCARE PROFESSIONALS

The security measures that healthcare professionals must implement when downloading, accessing, activating, viewing, and using Medissimo applications are as follows:

  • User access control

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 Nurse Web Application, the nurse creates an account in the application using their email address, password, and RPPS or ADELI number. Access to a patient’s data from the pharmacy via the Medissimo Nurse Mobile Application is granted by the pharmacist through the Medissimo Pharmacist Web Application. Before granting this access, the pharmacist agrees to verify the nurse’s identity using their professional ID 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 providing access to a Medissimo Application (Pharmacist, Facility, Nurse, or Kimed) is registered to a specific individual, personal, and non-transferable. Users agree not to disclose their account information—particularly their username and password—to third parties, and to take all necessary measures to prevent unauthorized persons from accessing this information.

  • Traceability measures

Responsibility for traceability is transferred to the HDS-certified hosting provider.

  • Software protection measures

The Pharmacist undertakes to observe the following basic safety measures at his or her workstation (non-exhaustive list):

  • Operating system updates (Windows, MacOs, etc.),
  • Browser update,
  • Antivirus installation and updates,
  • And any other appropriate basic security measures (don't write the password on a post-it note on the screen, etc.).
  • Data backup

Medissimo transfers responsibility for backups to the HDS-certified hosting provider.

  • Data encryption

All applications on the Medissimo platform use the HTTPS protocol. Medissimo delegates responsibility for data encryption to the HDS-certified hosting provider.

  • Other measures

Healthcare professionals undertake not to access the platform from a public network, and to secure their internal networks.

 

APPENDIX 4 – PRIVACY POLICY FOR HEALTHCARE PROFESSIONALS

MEDISSIMO’s top priority is the protection of personal data, which is collected and processed in accordance with the French Data Protection Act of January 6, 1978, and European Regulation (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).

  1. Data controller

MEDISSIMO acts as the data controller with respect to data collected on the medissimo.fr and medissimo.com websites ( the“Sites” ) and/or the Medissimo Pharmacist and Medissimo Facility web applications, as well as the Medissimo Nurse mobile application (the“Applications” ), when such data pertains to the personal information of healthcare professionals.

  1. Personal Data Processed and Methods of Collection

Personal Data Processed by Medissimo

Identification

Last name, first name, date of birth, and RPPS number 

Contact Information

Mailing address, email, phone numbers, and fax number

Fundraising Methods

Direct Collection

Cookies: When you browse the Websites and Apps, cookies may be stored on your device (see the Cookies Appendix for more information) 

Account Creation and Login Forms for the Websites and Apps 

Using Applications 

Online Payment Solution for Websites 

Contact Form 

Business relationships with suppliers and partners (initial contact, establishing connections)

Whether the provision of data is mandatory or optional is indicated at the time of collection by an asterisk (*). By voluntarily providing data, including optional data, you expressly consent to its processing in accordance with the purpose stated at the time of collection and under the terms of this Privacy Policy.

  1. Purposes of the Processing of Your Personal Data and Legal Bases

MEDISSIMO processes your personal data for specific purposes, based on various legal grounds. The retention periods for your personal data depend on the purpose of the processing.

FUNDAMENTALS

OBJECTIVES

SHELF LIFE

Implementation of Precontractual Measures

Processing submitted applications, communicating with applicants, and, if necessary, creating an applicant profile

2 years from the last contact

Creating a customer record, managing customer relationships, and, if applicable, creating a prospect record

3 years since the last contact

Performance of Precontractual Measures or the Contract

Communication with you, particularly to respond to inquiries and requests for information about our business and the services we offer

3 years since the last contact

Creating an Account on the Websites and Apps

Usage period + 5 years in interim storage

Performance of the Contract

Order placement, fulfillment, processing, management, billing, and payment for orders of products and/or services

10 years for billing data

Provision by third parties of technical, logistical, or other services on its behalf (including online payment solutions, shipping carriers, accounting, etc.)

The time strictly necessary to provide the service

Legitimate interest or consent

Improving our offerings by inviting customers to participate in surveys, studies, and satisfaction surveys

 

Sending personalized offers via electronic communication (email, text message, etc.)

3 years since the last contact

Planning and managing events related to MEDISSIMO’s business (trade shows, annual events, contests)

3 years after the event

 

Legitimate interest

Compilation of sales and user statistics

3 years for personal data; indefinite retention for anonymized data

Handling any out-of-court settlements or litigation and documenting evidence of our obligations

5 years since the last contact

Use of Cookies or Trackers to Ensure the Proper Functioning of Our Websites and Apps

13 months maximum

Legitimate Interest (Ethical Obligation)

Proper functioning of the applications, particularly the traceability of operations

10 years

Legal Requirement

Processing Warranty Claims

Legal warranty period + 2 years

Managing the Exercise of Your Rights Regarding the Processing of Your Personal Data

Retention period for the file: 10 years in the active file system, 10 years in the intermediate file system

Compliance with accounting, tax, and labor regulations, as well as anti-fraud measures

6 to 10 years, depending on applicable regulations

  1. Recipients of Your Personal Data

Personal data is processed within the company.

They may be disclosed to external recipients solely for the purposes mentioned above and only to the extent strictly necessary to fulfill the tasks entrusted to them and/or to comply with laws and regulations.

These include :

  • Healthcare professionals who make up a patient's care team;
  • Subcontractors, particularly those in the following categories: accounting firms, banks and online payment service providers, IT service providers, and cookie providers (for more information on this, please see the Cookies Appendix);
  • Legally authorized authorities: Tracfin, social security and tax agencies, and all judicial authorities authorized by law and regulations.

The data is hosted in France by OSPI, a company certified as a Health Data Host (HDS), in accordance with Article L. 1111-8 of the Public Health Code.

  1. Transfer outside the EU

Your data is processed within the European Union.

Under no circumstances are they transferred to countries outside this territory.

  1. Your Rights

You have several rights regarding your personal data processed by MEDISSIMO:

  • Right to erasure;
  • Right of access;
  • Right to correction;
  • Right to object;
  • Right to restrict processing;
  • Right to data portability;
  • The right to establish post-mortem instructions regarding the retention, deletion, and disclosure of your data.
  1. Contact MEDISSIMO

You may exercise your rights by sending a complete request, along with proof of identity, to the following addresses:

@

dpo@medissimo.fr

 

MEDISSIMO SAS

Data Protection Officer

Technoparc – 8 Jeanneret Street

78300 POISSY

The request must include your last name, first name, and the email address or mailing address where you would like to receive MEDISSIMO's response.

Unless there are specific, justified circumstances, a response to this request will be provided within one month of receipt of the request.

Finally, you have the right to file a complaint with the CNIL.

SUB-APPENDIX – COOKIES

  1. What are "cookies"?

When you visit the Sites or use the Apps, tracking technologies are used and data is collected. The term “cookies” refers to all tracking technologies that may be used. These include, in particular, text files stored on the user’s device when they visit the Sites or use the Apps, which contain information about their browsing activity and enable certain features.

There are several categories of cookies, which serve different purposes:

  • Technical cookies: These cookies help ensure that the Websites/Apps are usable by enabling basic functions such as page navigation. The Websites/Apps cannot function properly without these cookies.
  • Audience measurement cookies: These cookies help, by collecting and sharing information anonymously, to measure the number of visitors and understand how they interact with the Sites and Apps.
  • Social media cookies: These so-called “social” cookies are associated with services provided by third-party websites, such as “Like” and “Share” buttons or multimedia players.

They are used to provide services to users or to remember their preferences for sharing on social media.

The social network providing such an app button may identify the user through that button, even if the user does not click the button while browsing the Sites or Apps. In fact, this type of app button may allow the social network in question to track the user’s browsing activity on the Sites or Apps simply because the user is logged in on their device.

  • Advertising cookies: These cookies are used to display ads that may be relevant to the user’s interests by personalizing the ads and content on the Sites and Apps.

Cookies may be placed by MEDISSIMO or by third parties. In the latter case, the user is notified and their consent is obtained prior to the placement of such cookies; however, MEDISSIMO has no direct control over these cookies. The user is advised to refer to the privacy policies of the third-party cookie providers.

  1. Rights Regarding Cookies
  2. Consent to the Use of Cookies

In accordance with applicable regulations and the recommendations of the CNIL, no cookies are placed unless the user has first consented to their placement. Express consent is obtained through a mechanism that informs the user about the cookies used, their issuers, and their purposes; this mechanism allows the user to accept or reject the placement of cookies.

The user's consent to cookies is valid for 13 months; once this period expires, consent must be renewed.

Certain cookies, which are considered strictly necessary for the provision of the service, are exempt from the consent requirement. This applies in particular to the following trackers:

  • "Shopping cart" cookies,
  • "Session ID" cookies that last for the duration of a session, or persistent cookies that are limited to a few hours in some cases,
  • Authentication cookies,
  • Some audience measurement analytics solutions,
  • Persistent cookies used to personalize the user interface (language or layout preferences).

In any case, the user may withdraw their consent at any time by blocking cookies.

  1. Objecting to the Use of Cookies

When a user objects to the installation or use of a cookie, an opt-out cookie is installed on their device.

  • Browser Settings

Users can configure their browser settings regarding cookies to reject or accept certain categories of cookies:

https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&oco=1&hl=fr

  • Configuring Cookies Set by Third Parties

Users can opt out of third-party cookies. For example, to disable the Google Analytics cookie, you can download an add-on at https://tools.google.com/dlpage/gaoptout?hl=fr

  • Configuring personalized advertising cookies through the cross-industry platform “Youronlinechoices”

Users can visit the Youronlinechoices website, provided by digital advertising professionals who are members of the European Digital Advertising Alliance (EDAA) and managed in France by the Interactive Advertising Bureau France; and thereby find out which companies are registered on this platform and offer the option to accept or reject the cookies used by these companies to tailor the ads that may be displayed on users’ devices based on their browsing information: http://www.youronlinechoices.com/fr/controler-ses-cookies

This European platform is used by hundreds of online advertising professionals and serves as a centralized interface that allows users to opt in or out of cookies that may be used to tailor the ads displayed on their devices based on their browsing activity. This procedure will not prevent ads from being displayed on the websites you visit; it will only block the technologies used to tailor ads.

Medissimo

This pharmacy is a Medissimo partner.

Together, we'll choose the solution that's right for you.

Have I taken my medication correctly?

Did you forget to take your medication this morning? *
Have you run out of medication since your last visit? *
Have you ever been late taking your medication? *
Have you ever stopped taking your medication because some days you feel your memory is failing you? *
Have you ever stopped taking your medication because some days you feel it's doing you more harm than good? *
Do you think you have too many tablets to take? *
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standard

Standard carts for MONO28 pillboxes®MEDIPAC® and MEDIPAC® PLUS

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
Book #26780

Tray carts for MONOPLUS pillboxes® or MULTIPLUS®

Recommended for organizations with no drug storage area (all drugs in the cart for 7 days)

For 14 patients
For 28 patients

Rack carts for MONOPLUS pill dispensers®

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

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medipac

The Medipac solution to simplify medication administration

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.

semi-autonomous patient

The Kimed solution to protect yourself from forgetting to take your medication

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.

autonomous patient

Monoplus

This detachable pill dispenser allows you to repackage medications by dose, but separately, for one week. Ideal for storage in nominative compartments.

Documentation

MULTIPLUS®. 7 days treatment per dose

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.

Mono28

This non-detachable pill dispenser allows you to repackage medications by time of use, for one month. Ideal for frequent medication changes.

Documentation

MEDIPAC PLUS® The largest

MEDIPAC PLUS® is a pill dispenser with deep compartments. It enables the preparation of medicines while retaining the pharmaceutical laboratory's unit packaging. The MEDIPAC®PLUS plus pill dispenser is ideal for patients taking bagged medication.
Documentation

MEDIPAC® Simple as a paperback

Acid blue, MEDIPAC® can be seen from afar and slipped in anywhere to keep your patients' medicines tidy.
Documentation

MEDIPAC BOX® Its strength lies in its unobtrusiveness

The box contains a week's worth of pre-detached and non-pill doses, plus the prescription.
Documentation

Compliance assessment

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.

Assessment of proper use

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.

Tutorial request

SSIAD agreement request form

The MEDIPAC® IDEL application can be downloaded from your smartphone