General conditions of use of MindPulse cognitive testing software by a practitioners
1.1. These General Conditions of Use (hereinafter "T & Cs") are offered by IT'S BRAIN (hereinafter the "Company"), a simplified joint stock company with capital of 60,317 euros, registered with the Trade and Companies Register. Evry companies under number 851 199 919, whose head office is located at, Les Algorithmes Chemin de l’Orme CD 128, 91190 Saint-Aubin, and whose e-mail address is contact (at) mindpulse.net.
1.3 The MindPulse Software (hereinafter the “Software”) allows, under certain conditions verified by the practitioners and under their responsibility, to carry out this evaluation remotely.
1.4. Before any use of the Software, the practitioners must ensure that they have the technical and IT resources allowing them to use the Software. The practitioners must also ensure that the computer configuration of the hardware / equipment is in good condition, equipped with antivirus software and a working firewall, and does not contain viruses. System requirements and necessary hardware are outlined in the online manual available to practitioners.
2. SUPPORT - GUARANTEES
The Company provides its buyers with a support service, the intervention of which must be requested by email to the address: firstname.lastname@example.org.
The Company makes available the Software as is and undertakes only within the framework of an obligation of means to provide functional software, subject to the technical capacities of the Clinician's equipment.
3. RESPONSIBILITIES OF THE CLINICIAN
3.1. The Clinician agrees to abide by the terms of these T & Cs.
3.2. The Clinician agrees to use the Software in accordance with the Company's instructions.
3.3. The Clinician agrees to use the Software in accordance with the Company's instructions.
- To use the Software in an illegal manner, for any illegal purpose or in any manner incompatible with these T & Cs.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the contents appearing in the Software or to attempt to discover any source code.
- To attempt to provide or obtain unauthorized access to the Software or to engage in any activity that disrupts or deteriorates the functionality and performance of the Software or the conditions for passing the test.
- To use the Software for abusive purposes by intentionally introducing viruses or any other malicious program and to attempt to gain unauthorized access to the Software.
- To infringe upon the intellectual property rights of the Company relating to the Software or the services.
– To defame the Software, the Company and the Company's services.
3.4. If, for any reason, the Company considers that the Clinician is not complying with these T & Cs, the Company may at any time, and at its sole discretion, take all measures including any civil and criminal legal action against him.
4.1. The Company implements all measures to ensure the Clinician the provision of services, under optimal conditions. However, it cannot under any circumstances be held liable for any difficulty in performing or inadequate use of the Software, which is attributable either to the Clinician, or to the unforeseeable and insurmountable fact of a third party outside the contract, or to a case of force mejeure as defined by case law and article 1218 of the Civil Code. More generally, if the Company is held liable, it could under no circumstances agree to indemnify the Clinician for indirect damage or the existence and / or the amount of which has not been established by evidence.
4.2. The Company implements all appropriate measures to guarantee the security of data on the Software and in the context of the services offered and sold. This is an obligation of means. Thus, in the event of loss of data, it cannot be held responsible for any damage thus caused by the loss of data for which it is the Clinician's responsibility to safeguard before installing the Software and at each use.
4.3. It is expressly stipulated that the Company can in no way be held responsible, in any way whatsoever, in the event that the computer equipment or the electronic mail of the Clinicians rejects, for example due to anti-spam, the e-mails sent to the Clinician.
4.4. The Clinician is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company cannot make its MindPulse test available.
5. PERSONAL DATA SECURITY
5.1. The Company attaches great importance to respect for privacy and takes all necessary measures to ensure the confidentiality and security of the personal data of Clinicians and users of the services.
5.2. In the context of providing test results to the Clinician, the Company only collects the following data: Clinician code; Patient ID (non-nominative computer code) sex, laterality, month and year of birth, level of education, 1st language and possible 2nd language of the Patient, notes entered by the Clinician for reproduction in the test report, note of Clinician's assessment for taking the test, Clinician's comments, Patient's assessment note for the test and the Patient's comments. The patient's first and last name and email address are known to the Clinician but not transmitted to the Company, which simply updates on the clinician's computer a correspondence file between Patient ID and identity data.
5.3. The Company collects and processes Patient data for the following purposes:
- Providing test results to the Clinician;
- Research by the Clinician of a Patient's previous results, for clinical follow-up;
- Development of anonymized statistics;
- Management of requests for rights of access, rectification and opposition;
- Clinical research, research and development. The Company collects and processes data from Clinicians for the following purposes:
- Providing test results to the Clinician;
- Access to the MindPulse website;
- Order management;
- Response to any questions / complaints from Clinicians;
- Development of statistics;
- Management of unpaid debts and disputes.
- Management of requests for rights of access, rectification and opposition.
5.4. The data relating to the management of the personal data of Clinicians and Patients are kept for the period strictly necessary as defined by the Data Protection Act as amended, i.e. three years after collection or the last contact with the Clinician.
5.5.The Clinician retains ownership of the data transmitted to the Company. Apart from the cases mentioned in these Conditions, the Company undertakes not to transmit them to third parties.
5.6. Clinicians' data are processed by the Company as well as by the Company's partner companies and subcontractors, in compliance with the GDPR.
5.7. The Company may also communicate the data in order to cooperate with the administrative and judicial authorities.
5.8. The Company takes care to secure the personal data of practitioners and Patients in an adequate and appropriate manner and has taken the necessary precautions to preserve the security and confidentiality of the data and in particular to prevent them from being distorted, damaged or communicated to persons not allowed. The Clinician recognizes and accepts that this is only an obligation of means.
5.9. Obligations of practitioners - Clinicians are responsible for obtaining the consent of their patient, and their parents in the case of a minor, ensuring that they are understood. The test cannot be continued if this consent is not clearly obtained; checking the patient consent box indicates that the clinician has validated obtaining patient consent;
Clinicians acknowledge that the personal data disclosed by them is valid, up to date and adequate;
- The practitioners undertake not to infringe the privacy, image and protection of personal data of any third party, in particular patients, and thus not to communicate personal data to the company from third parties without their consent.
the software file created by the practiotioners is a local file which is updated with each passage of the test. IT'S BRAIN has no access to this file. By accepting the CGU, the practitioners recognizes that the storage of the data is their responsibility. IT'S BRAIN recommends a daily storage update within the safeguards of personal data privacy. In case of loss or corruption of this file. IT'S BRAIN cannot restore this patient ID coordinates and is no case responsible for failin storage updates.
5.10. Finally, in accordance with the Data Protection Act dated January 6, 1978, Clinicians have a right of access, rectification, deletion as well as a right of opposition for legitimate reasons to the processing of their collected data and processed by the Company, through the Clinician. In accordance with Article 40-1 of the Data Protection Act as amended, the Company will comply with the guidelines given by any Clinician relating to the storage, erasure and communication of their personal data after their death. In the absence of such directives, the Company will grant the requests of the heirs as set out in Article 40-1, III of the Data Protection Act.
Clinicians are warned that in the event of a request to erase their data, including their Clinician Code, the Company will no longer be able to edit the reports of their patients' previous tests.
6. INTELLECTUAL PROPERTY
6.1. All elements of this Software and the Software itself are protected by copyright, trademark law, designs and / or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the whole world.
6.2. The MindPulse name and brand, logos, designs, stylized letters, figurative marks, and all signs depicted on this Software are and will remain the exclusive property of the Company.
6.3. No title or right in any part or software will be obtained by downloading or copying any part of this Software. It is strictly forbidden for the Clinician to reproduce (except for his personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Software and to the elements and software it contains, no more only modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Software, the elements of this Software or any software relating thereto.
6.4. The Company grants the Clinician a non-exclusive license to use the Software. This license is strictly personal. In connection with remote testing, the Company grants its patient a non-exclusive license to use the MindPulse remote testing software. The license is granted for the duration of use of the Software in the country in which the Clinician is established.
6.5. Any use by the Clinician of the company names, brands and distinct signs belonging to the Company is strictly prohibited except with the express prior consent of the Company.
7. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
7.1. These T & Cs are governed and interpreted in accordance with French law, without taking into account the principles of conflict of laws; The application of United Nations commercial law (CISG) is expressly excluded. In case of translation, the French version prevails.
7.2. In the event of a dispute that may arise in connection with the interpretation and / or execution of these T & Cs or in connection with these T & Cs, the Parties undertake to make their best efforts to try to resolve the dispute between them. amicably opposes. In the event of failure of such an amicable settlement, the Parties intend to submit any dispute to the exclusive jurisdiction of the Commercial Court of Evry. 'execution of these or in connection with these T & Cs, the Parties undertake to make their best efforts to resolve the dispute as amicably as possible between themselves. In the event that such an amicable settlement fails, the Parties would submit any dispute to the exclusive jurisdiction of the Commercial Court of Evry.