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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.
1.1. 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:
" 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:
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:
“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:
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.
2.1. 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
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.
Required information: RPPS number, surname, first name and e-mail address.
If the patient User is a minor or incapable, it is the responsibility of the legal representative to act in his/her name and on his/her behalf on the Medissimo Aidant or Kimed Mobile Application, including granting any authorization.
The 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:
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.
4.1. 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:
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.).
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.
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:
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 :
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).
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 :
The User also agrees not to :
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:
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:
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.
7.1. 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 that the Pharmacist and/or the Nurse fails to pay a single fee by its due date, Medissimo may, as a matter of right:
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:
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:
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.
8.1. 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.
9.1. 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.
10.1. 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 1.1 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.
The subscription is billed monthly.
Hosting is billed quarterly.
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
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:
APPENDIX 2.1 – DATA PROTECTION AGREEMENT
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.
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 |
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.
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:
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:
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:
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.
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:
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.
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:
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.
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.
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.
The Parties agree to maintain a record of all categories of processing activities carried out under this Agreement, including:
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.
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.
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.
Healthcare professionals share the following information about you on the Medissimo apps:
Your personal information is shared among the healthcare professionals who make up your care team:
You can also view your healthcare team on the Kimed mobile app.
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.”
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.
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:
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 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.
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.
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.
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.
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”).
The Medissimo platform uses two hosting providers:
Non-sensitive data stored at OVH :
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.
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.).
Technical development data is managed by the Confluence and Jira tools and stored at ATLASSIAN.
The security measures that healthcare professionals must implement when downloading, accessing, activating, viewing, and using Medissimo applications are as follows:
In the Medissimo Pharmacien Web Application, the Pharmacist may create a user account for each member of his pharmacy staff authorized to access the application (pharmacist or pharmacy assistant). The Pharmacist undertakes to create accounts only for authorized persons, to provide the information relating to each account only to the person concerned, and not to divulge this information to third parties.
In the Medissimo Etablissement Web Application for facilities, the nurse in charge can create a user account for each member of staff at his/her facility authorized to access the application (doctor, nurse or care assistant). The nurse in charge undertakes to create accounts only for authorized persons, to provide information relating to each account only to the person concerned, and not to divulge this information to third parties.
In the Medissimo 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.
Responsibility for traceability is transferred to the HDS-certified hosting provider.
The Pharmacist undertakes to observe the following basic safety measures at his or her workstation (non-exhaustive list):
Medissimo transfers responsibility for backups to the HDS-certified hosting provider.
All applications on the Medissimo platform use the HTTPS protocol. Medissimo delegates responsibility for data encryption to the HDS-certified hosting provider.
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”).
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.
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.
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) |
| ||
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 |
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 :
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.
Your data is processed within the European Union.
Under no circumstances are they transferred to countries outside this territory.
You have several rights regarding your personal data processed by MEDISSIMO:
You may exercise your rights by sending a complete request, along with proof of identity, to the following addresses:
@ | 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
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:
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.
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.
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:
In any case, the user may withdraw their consent at any time by blocking cookies.
When a user objects to the installation or use of a cookie, an opt-out cookie is installed on their device.
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
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
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Recommended when organizing shared medication baskets (sachets, liquids, etc.)
| Patients | Mono28 | Medipac | Medipac plus |
| M2 | 25 | 64 | 24 |
| M3 | 45 | 96 | 48 |
| M4 | 65 | 128 | 72 |

Recommended for organizations with no drug storage area (all drugs in the cart for 7 days)
| For 14 patients |
| For 28 patients |

Recommended for use with nominative lockers (dose and non-dose drugs together)
| Patients | Monoplus for 1 or 2 days | Dose sachet for 7 days |
| M2 | 36 | 48 |
| M3 | 48 | 72 |
| M4 | 60 | 96 |

The Medipac solution offers you the safety and convenience of a pharmacy-prepared, ready-to-use treatment. This solution helps you take your medication properly, which in turn helps your doctor adjust your treatment for better long-term health results. With this solution, you'll improve your compliance to protect your health.
The Medipac solution includes a secure pill dispenser connected to the pharmacy application by a QR code. The solution can integrate an application for caregivers. The data is fed into a compliance report for discussion with the pharmacist and review of treatment with the doctor. Use is free of charge.
The Kimed solution helps you to take your medication properly, which in turn enables your doctor to adjust your treatment for better long-term health results. With this solution, you'll improve your compliance to protect your quality of life.
The Kimed solution connects a patient application to a pharmacy application. The patient receives notifications to prevent forgetfulness and provide information on compliance, side effects and additional medication taken. The data is fed into a compliance report, which can be discussed with the pharmacist and the treatment reviewed with the doctor. Use is free of charge.
This detachable pill dispenser allows you to repackage medications by dose, but separately, for one week. Ideal for storage in nominative compartments.
MULTIPLUS® packs all your medications in a single dose for one week. The MULTIPLUS® pill dispenser is useful for institutional use when the original blister pack needs to be preserved, and the individual drugs do not need to be isolated from each other.
This non-detachable pill dispenser allows you to repackage medications by time of use, for one month. Ideal for frequent medication changes.
The compliance report is a summary table of medication taken, enabling treatments to be re-evaluated from the Pharmacist App and the Establishment App.
The assessment is available for each patient on the nursing and pharmacy applications.
The assessment provides a global and detailed view of compliance, and helps to better understand the reasons for non-administration at any given time. The physician's analysis of the assessment enables him/her to take action to encourage proper use of the medication.
The "bilan de bon usage" is a set of summary tables used to identify at-risk patients and drugs from the Medissimo Pharmacien app.
The balance sheet is available to the establishment on the pharmacy application.
The assessment provides an overall view of the risks associated with medication at any given time. The physician's analysis of the assessment enables him/her to take action to promote the proper use of medication.
The MEDISSIMO platform offers a secure, traceable treatment service for patients at home and in residential care, including pillboxing of medicines in the pharmacy and treatment monitoring in cooperation with healthcare professionals and their families.
The platform brings together the pharmacist, who delivers the treatment with full traceability, and the patient or his or her homecare assistant, who fills in the dosages from the MEDIPAC® pillbox prepared by a healthcare professional, and the nurse, who monitors the treatment in liaison with the pharmacist and the family, and informs the doctor in the event of a medication risk.
In line with the public health priority defined in the national health strategy, the pharmacist - nurse - attending physician triad is at the heart of the platform designed by MEDISSIMO, with the aim of promoting the proper use of medicines.
