Updates on 19/04/2020,
In accordance with the European Personal Data Protection Regulations No. 2016/679
Preamble
The website covid19.bbnd.eu (‘the Site’) is proposed by the BBND Company registered at the RCS in Lille under the number 830 513 156 (‘the Company’).
Its aim is to collect information, advice, information… to accompany patients with Covid-19 who have or have not been resuscitated and their entourage. Any use of the Site implies full acceptance of these Terms and Conditions of Use.
The applicable Terms and Conditions of Use are those in effect on the date of use of the Site.
La Company reserves the right to amend these Terms and Conditions of Use at any time and without notice.
These Terms and Conditions of Use are the exclusive property of the Company. Reproduction, even partial, is prohibited.
This Agreement is concluded between the Company and anyone wishing to use the Site (hereafter referred to as the ‘User’).
Article 1 : Definitions
For the purposes of these Terms of Use, the following expressions will have the following meaning:
- The Services refer to the services offered by the Site to Users, including simple and advanced features.
- The Visitor refers to the user who visits Site, whether he is a health professional or not, and who does not have a User Account.
- The User refers to the user who uses the Site and has a User Account, consults the Site, gives his consent or not to be a signatory to the campaign and gives his medical expertise by answering questions.
- The User Account refers to the process of identifying a User to access the features offered on the covid19.bbnd.eu Site.
- Access Codes refer to the identifiers and passwords that allow access to the User Account.
- A Publication refers to any content published by the Company on various channels (the Site, social networks, emailing…), whatever the form of this content (text, image, sound, video, photography, drawing…).
- A Comment refers to the optional content made by a User when they are a signatory to the campaign and that they are re-editing changes to any medium before it is published.
- Features are the various features on the site, whether it’s campaign signing, answering questions, or sharing Publications-related comments.
Article 2 : Subject
The purpose of these General Terms of Use is to specify how the Site covid19.bbnd.eu by Users.
These General Terms of Use express the full obligations of the Parties.
They replace and cancel any prior agreement.
Article 3 : Conditions of access to the Site
The site is free and free to visit, with the exception of the cost of the Internet connection which is the responsibility of the User.
The signing of the Publications, the answer to the questions and the sharing of Comments is, as a measure of security, credibility and legitimacy, reserved for health professionals, free, free and subject to the simple communication by the User of the following information :
- title, first name, name, e-mail address, medical specialty and area of competence, country and city of place of practice, function exercised and name of the health establishment if applicable and accuracy whether or not signatories to the prevention campaign during the first use of the Site.
- e-mail address or ID for subsequent uses.
The creation of a User Account is free and free, subject to being a major natural person, capable, and reporting to the health community.
Article 4 : Creating a User Account
Creating a User Account is done by completing a registration form.
The Company will receive your profile and email address.
The User agrees on the one hand to declare accurate information ; on the other hand to update them regularly.
Users are reminded that registering for the Site is strictly personal and that they can only have one User Account.
The User accesses his User Account by clicking on the My account tab.
Article 5 : User Bonds
Article 5.1 : Checking site compatibility
The User claims to have been aware, prior to the acceptance of these, of the technical features and security features of the Site.
The User does his business with all the equipment (materials and software) necessary for the use of the Site via the Internet. The User must regularly update his equipment and internet connection necessary for the smooth running of the Site.
Article 5.2 : Access Codes
Access to the User Account is secured in such a way as to protect, on a permanent basis, all user data that is required to circulate through the systems as part of the use of the Site.
The User is informed that the Access Codes allowing him to access his User Account are strictly confidential and that they cannot be communicated to third parties.
The User assumes sole custody and ensures their confidentiality in order to prevent any risks related to computer security. It ensures that an unauthorized person cannot access it and takes the necessary steps to do so. (It is advisable to use unique numbers, letters and special characters).
The use and preservation of Access Codes is the full responsibility of the User, who alone will bear the consequences that could result from their use by third parties who would have been aware of them. The Company will not be liable for any loss or damage arising from the User’s failure to comply with these requirements.
The Company cannot be responsible, in particular, for theft, spoofing, and in general for the misuse of Access Codes.
If the User does not control his password, he risks not only losing control of a large part of his personal data but his legal responsibility will also be incurred for any action carried out on his behalf. Therefore, any breach of password privacy must be immediately reported to the Company and the password duly changed without delay by the User.
Article 5.3: Information provided
The User guarantees that all the information provided when registering on the Site (including his identity, contact information and profession) is correct and undertakes to update them on a regular basis.
By providing medical advice, the User is committed to complying with the following rules:
- The answers to the questions must be written in clear and understandable terms by as many people as possible and in the language of the User (i.e. the language in which the questions are asked, language chosen beforehand by the User). If a specific medical term were to be mentioned, it should also be defined, avoiding any problem of interpretation when using the answers to establish the supports of the prevention campaign.
- The content of the responses must be limited exclusively to his area of medical competence and/or medical specialty.
Freedom of expression is one of the pillars of democracy protected and enshrined in Article 10 of the European Convention on Human Rights. The User is therefore free to express himself but his freedom does not allow him to “say everything” and “write everything” except to answer for his words before the competent courts (penal or civil). The User therefore undertakes to moderate his remarks.
Users attest to the veracity and accuracy of the information transmitted by the use of the services, as such information cannot be misleading, misleading, incorrect or likely to be misleading.
Article 5.4 : Use of User-provided recommendations
The medical recommendations provided by the User, during the answers to the questions will be used only as part of a prevention campaign.
The prevention campaign can be summed up in one or more media that will be disseminated through multiple channels (on the Site, on social networks, by emailing…).
The use of the recommendations provided by the User does not give rise to any remuneration or other favours.
The media created by the Company will be subject to validation by the User, if the user has chosen to be a signatory to the campaign. The User will receive the support by email, he can then, by return to this email, approve the support or reassemble his Comments if necessary. All this before the media become Publications.
The data will no longer be editable once a campaign is corrected and validated, i.e. once the online publication is published. Except if a new campaign needs to be relaunched exclusively for health reasons.
In general, the User recognizes the possibility for the Company not to use the recommendations it could have provided, either because of non-compliance with the above drafting rules or because of the large number of responses collected.
Thus the User is aware that any participation does not always give following a treatment.
Article 5.5 : Use of the Site
The User undertakes to use the Site only for the purposes covered by these General Terms of Use and in the strictest respect of technical and safety standards.
The User understands and accepts the Site’s Features.
The use of the Site is under the exclusive responsibility of the User. As a result, any processing, transmission, dissemination or representation of information or data via the Site by the User is carried out under its sole responsibility and in strict compliance with the legal and regulatory provisions relating to the use of the online service.
The User is solely responsible for the content it provides. The User prohibits the dissemination of content (texts, images, photos, videos, links, etc.) that may infringe the rights and interests of third parties, contrary to applicable laws and regulations or infringing on public order and morals.
Similarly, the User undertakes not to transmit, through the Site, any content including computer viruses or any other code, folder, program designed to interrupt, destroy or limit the functionality of any software, telecommunication computer, without this enumeration being limited.
The User is responsible for content that violates all of these provisions.
The User also undertakes to report to BBND France, without delay, any anomalies concerning the use of the Site, at the following address: contact@bbnd.eu.
The User is committed to respecting the company’s image and reputation, as well as other Users. It undertakes not to engage in any statements and/or actions that infringe the Company or other Users of the Site.
Article 5.6 : Data backup, security and privacy
The User assumes full responsibility for the complete and regular backup of its data.
The User is committed to regularly backing up its data and ensuring its security and confidentiality.
Article 5.7 : Processing personal data
The User acknowledges and accepts that it is his responsibility to comply, for the treatments he is likely to perform on the personal data of third parties, with the provisions resulting from the Computer Science and Freedoms Act No.78-17 of January 6, 1978 amended.
Article 5.8 : Exclusions / Withdrawal / Suspensions
The Company reserves the option of suspending or excluding a User who does not comply with the provisions of these Terms of Use.
Article 6 : Company Obligation
Article 6.1 : Availability
The Company undertakes to take reasonable steps to ensure that the Site is accessible via the Internet until the end of the Covid-19 pandemic, 24 hours a day, 7 days a week, with the exception of force majeure, difficult technical and/or computer and/or telecommunications and/or maintenance periods (including updates).
The Company cannot be held responsible for any unavailability of the Site relating to the User’s Internet connection, equipment or maintenance operations necessary for the operation of the Site.
The Company reserves the right to immediately and without notice of access to the Site for all Users and/or individually on behalf of a User for the following three situations:
1- In order to carry out a technical intervention or for any maintenance operation.
Where possible, the Company will notify the User beforehand.
2- If the Company receives a notice notified by a competent, administrative, arbitral, judicial authority, in accordance with applicable laws or by a third party and in particular in accordance with Article 6 of the Digital Economy Trust Act of 21 June 2004.
3- If the Site is used contrary to these Terms and Conditions of Use.
The User accepts that such a deletion may result in the deactivation and deletion of his User account or password, as well as the removal of access to his User Account and the removal of the content associated with it.
Article 6.2 : Privacy and Security of Access
In general, the company undertakes to implement any technical means, in accordance with the state of the art, to maintain the integrity, security and confidentiality of access to the Site.
Article 6.3 : Evolution of Features
The Company reserves the right to make changes in the layout, operation or functionality of the Site at any time, without prior notification.
Article 6.4 : Accommodation
The Company provides accommodation for the Site in safe conditions for access and premises in accordance with the rules of the art.
Article 6.5 : Maintenance
The Company ensures the scalable and corrective maintenance of the Site in order to allow for the sustainability and availability of the site. As part of an obligation of means.
The User automatically benefits from any updates offered by the Company.
Article 6.6 : Adequacy of Features
The Company does not guarantee that the Site’s Features may be adequate for a particular use provided by the User, who is therefore the responsibility to verify beforehand the adequacy of the Features provided to his need.
Article 7 : Intellectual Property Rights
The Site is the exclusive property of the Company.
Reproduction, representation translation, dissemination or total or partial modification of the elements of the Site (including marks, logos, graphic charter, navigation elements etc. without any comprehensiveness of this list), on any medium, online or offline, for commercial or non-commercial purposes, is prohibited without the Company’s prior and express authorization.
The User undertakes not to infringe the Rights of the Company’s Intellectual Property. Any reproduction of an element of the site by the User, without the Company’s permission, constitutes an act of infringement that could be prosecuted criminally and civilly.
Furthermore, by accepting the General Terms of Use, the User grants, free of charge and not exclusive to the Company, for the territory of the whole world and for the duration of its registration, the right to reproduce, represent and, if necessary, to modify the user’s medical recommendations, in order to ensure their online delivery, accessibility and readability in the best possible conditions.
Article 8 : Corporate Responsibility
The Company merely provides the User with a technical tool and remains totally third to the use that will be made by the user.
The Company is never bound, under these Terms of Use, only by an obligation of means. Its liability can only be established in cases of fault or proven negligence in the performance of its obligations. In the event that any delay has been notified to The Users by the Company and in view of the nature of the benefits to be performed, this period remains in any case purely indicative. The Company will make its best efforts to satisfy it, but its liability cannot be incurred in the event of non-compliance, except for fault or negligence.
The User is aware of the technical vagaries inherent in the use of the Internet and the possible interruptions of access. As a result, the Company will not be held responsible for any downtime or slowdown of the Site.
Furthermore, in view of the nature of the services provided and in particular the maintenance constraints, the Company cannot guarantee continuity of services. If necessary, it will do everything reasonably in its power to restore the Services as soon as possible. It is under no circumstances bound by an obligation to achieve results.
Similarly, the Company cannot be held liable if the provision of services is prevented, limited or disturbed as a result of the following events :
- a decision by the authorities ;
- a case of force majeure as defined by Article 1218 of the Civil Code and by the case law (including, fire, explosion, failure of transmission networks, collapse of facilities, epidemic, earthquake, flood, power outage, war, embargo, strike, boycott, withdrawal of authorization from the telecommunications operator, or other circumstances beyond the reasonable control of the Company) ;
- an interruption in the supply of electricity or transmission lines due to public or private operators ;
- abnormal or fraudulent use by the User or third parties requiring the Site to be shut down for security reasons (fault, negligence, omission) ;
- a fraudulent intrusion or retention of a third party into the system, or the illegal extraction of data, despite the implementation of the means of security in accordance with the current data of the technique, the Company supports only a means obligation in relation to known security techniques ;
- the nature and content of information and data created, transferred and/or communicated by the User. More generally, the Company may not be liable under any circumstances for data, information, results and or analyses from a third party, transmitted or received through the use of the Site infringing the rights of third parties or in any way violating existing legislation ;
- a loss or delay in the delivery of information and data, when the Company is not the cause of this delay ;
- the operation of the Internet or telephone or cable Internet access networks not implemented by the Company ;
- a failure of the hosting servers.
The Company cannot be held responsible for any harm, direct or indirect, arising from the use of the Site or Services and expressly excludes any form of warranty.
The User is solely responsible for any damage of any kind, material or immaterial, direct or indirect, caused to any third party, including the Company, as a result of the illegal use or exploitation of the Site, regardless of the cause and location of such damage.
In general, the Company cannot incur liability in the event of indirect damages or losses, loss of profile or expected savings, loss of revenue, image damage, damages not directly and exclusively resulting from a failure of the Site, nor recourse of a third party.
The User guarantees the Company the consequences, claims or actions that the Company could therefore be subject to.
The User waives any recourse against the Company in the context of lawsuits brought by a third party against it as a result of the illegal use or exploitation of the Site.
In the event that liability is incurred, this liability would be expressly limited to direct damages arising from the use of the Site or Services, to the exclusion of any other indirect damage of any kind, including operating losses, loss of customers, commercial injury, loss of branding or economic harm.
Certain legislative or regulatory provisions may limit the scope of these exclusions and limitations on guarantees or liability, so that such limits of liability apply to consumers only in the following cases: force majeure, irresistible fact, third party misconduct or the user’s personal fault.
Article 9 : Early termination
Any serious breach of a Party’s obligations under this Contract, which is not repaired within seven (7) days of sending a recommended letter with notice of receipt, opens the right for the other Party to unilaterally avail itself of the termination of this Agreement as of right, without prejudice to any damages to which it may be entitled under these General Terms of Use, and subject to compliance with the above notice.
The termination of the Contract, for any reason, results in the removal, on the effective date of the breach, of all access by the Site User.
It is up to the User to take all the measures necessary to recover the data before deleting its access to the Site.
In addition, the Company reserves the right to unilaterally and without notice the Account of a User who :
- would not comply with the Terms and Conditions of Use ;
- would have provided recommendations that did not comply with the provisions of these Terms of Use.
This termination takes effect immediately, without prior notification from the Company.
Article 10 : Applicable law
These General Terms of Use are governed by the current French Legislation and Regulations, and the European Regulation No. 2016/679, on the protection of personal data.
In addition, the language of these General Terms of Use is in French. In the event that the General Terms of Use are translated into other foreign languages, only the French version would be authentic.
Article 11 : Jurisdiction
Article 11.1 : Amicable settlement procedure
In the event that a dispute arises between the Parties as a result of the implementation or interpretation of this agreement, the parties undertake to seek an amicable solution.
In order to find together a solution to any dispute that would arise in the execution of this Agreement, the User should contact the Company in advance at : contact@bbnd.eu.
The User will expose the dispute for which he contacts the Company, accompanied by supporting documents. On these elements, the Company undertakes to respond as soon as possible to the User in order to find an amicable solution.
In the absence of agreement within 30 (thirty) days from the beginning of the above procedure, the amicable settlement procedure will be deemed to be closed, unless the Parties expressly agree to extend the period by 30 (thirty) days.
Article 11.2 : Jurisdiction
In the event of a failure of the amicable settlement procedure, any dispute arising from the formation, interpretation, implementation or termination of the agreements concluded between the Company and a User will be subject to the exclusive jurisdiction of the competent Tribunal of the City of Lille (59 – North).
This jurisdiction also applies in the case of a referral, plurality of defendants or appeal for guarantee.