Legal Notice & Terms and Conditions of Use (T&Cs) for the website

These General Terms and Conditions of Use set out the conditions under which healthcare professionals may inform patients about their professional activities online, in accordance with the White Paper issued by the CNOM in 2011 and the code of ethical conduct applicable to doctors’ professional websites, published on 30 January 2014 by the CNOM.

Article 1. DEFINITIONS

The terms defined below, whether in the singular or plural, shall have the following meanings:

User(s): means any natural person using the Doctor’s professional website.
Terms and Conditions of Use (TCU): means these Terms and Conditions of Use, which the User has accepted and irrevocably undertakes to comply with.
Data: means the personal data provided by the User on the Doctor’s professional website.
Doctor(s): means any healthcare professional as defined in Article L. 4111-1 et seq. of the Public Health Code, who is responsible, as the publisher, for the content of the Professional Website and is identified as such in accordance with the provisions of Law No. 2004-575, as amended, of 21 June 2004 on confidence in the digital economy, which requires the clear identification of the website owner.
Professional Website: means the Doctor’s website directly linked to the practice of their medical profession and developed in accordance with the code of ethical compliance for doctors’ professional websites issued by the National Council of the Order of Doctors (CNOM).

Article 2. PURPOSE

2.1 The purpose of these General Terms and Conditions of Use is to set out the terms under which the Doctor provides the User with information about their professional practice online, in accordance with the provisions of the White Paper on ‘Medical Ethics on the Web’ of December 2011 and the Code of Ethical Conduct applicable to doctors’ professional websites of 30 January 2014, published by the CNOM.

2.2 The User declares that they have verified that the Professional Website meets their own needs for medical information and for contacting the Doctor, and declares that they are providing true, accurate and honest information at the time of their registration on the Professional Website.

Article 3. DESCRIPTION OF THE PARTIES INVOLVED

3.1 To ensure the public is properly informed, the Doctor shall, on the professional website – which serves as their online professional profile – provide details of their identity and their professional qualification(s) as registered with the Medical Council. They shall state their surname, first name and RPPS number, which are mandatory details for the Doctor on the professional website, in accordance with the provisions of Articles R. 4127-80 and R. 4127-81 of the Public Health Code.

3.2 The Doctor shall refrain from any form of paid search engine optimisation, in accordance with the provisions of Article R. 4127-19 of the Public Health Code. The publication of any form of rating of the Professional Website and/or its content, as well as the online publication of Users’ reviews, is also prohibited.

3.3 The User undertakes to behave appropriately and respectfully towards other Users and shall not use the professional website for the purposes of copying and/or research.

Article 4. TERMS OF ACCESS

4.1 The Professional Website is accessible 24 hours a day, 7 days a week; however, given the nature of the internet, the Doctor cannot guarantee this access in full.

4.2 The Doctor shall not be held liable for any technical unavailability of the connection, whether this is due, in particular, to a force majeure event as defined by French case law, maintenance work, an update or modification to the Professional Website, intervention by the Professional Website’s host, a network failure or misuse of the User’s computer.

Article 5. THE DOCTOR’S OBLIGATIONS

5.1 The Doctor shall include, on the home page of their professional website, a link to the directory on the CNOM website and a link to the dedicated page on the CNOM’s public website which displays the professional body’s publications and recommendations relating to medical ethics online.

5.2 The professional website shall provide practical information on the Doctor’s address, specialism, recognised qualifications, practice arrangements, the healthcare establishments in which the Doctor practises, as well as their affiliation with and status in relation to social security organisations.

5.3 The Doctor must specify their working hours, their membership of an approved management association (AGA), the conditions for providing quotes where required by the regulations governing their specialism, and the local arrangements for responding to emergencies and providing on-call care.

5.4 With regard to the publication of health information, the doctor may provide any explanation of a purely informative nature concerning diseases, prevention, treatments and the techniques used. They shall present the advantages and any potential disadvantages of procedures, prescriptions and interventions objectively. They shall do so in a simple and educational manner, and shall cite their sources where appropriate. Such public information may usefully supplement that which has previously been provided to a patient during a consultation. In such cases, it must under no circumstances be intended to replace that information. The dates of publication and/or updating must be stated.

5.5 Where the Doctor is unable to ensure regular updates to their professional website themselves, they shall ensure that the information is instead provided, preferably, by creating links to general public information websites that have no commercial interest.

5.6 Where the professional website publishes comments, images or photographs, the Doctor shall ensure that it is not possible to identify any individuals and that such publications are not presented in a way that might lead the User to believe that a particular result could be achieved, which would constitute misrepresentation, regardless of the medical or surgical field concerned. With regard to information or technical fact sheets, these must not replace information provided verbally during a consultation with the patient. Such fact sheets may be illustrated with diagrams and/or photographs, which must be anonymised.

5.7 The Doctor shall not engage in any advertising concerning themselves, whether direct or indirect, on their professional website, nor on behalf of organisations with which they may collaborate, in accordance with the provisions of Article R. 4127-20 of the Public Health Code.

5.8 The Doctor shall declare on their professional website any conflicts of interest with any firm operating in the health and healthcare sector and shall ensure that the confidentiality of User Data is respected. Where applicable, they shall specify the source of funding for their professional website and its maintenance.

5.9 Where an online calendar is available, the Doctor shall provide an automated confirmation message so that the User can be assured that their appointment has been successfully booked. This online calendar enables the User to be reminded of their appointment by telephone, email or text message. The Doctor shall ensure that appointments that have already been booked are hidden from view.

5.10 For security reasons, the calendar’s configuration must be strictly limited to booking appointments (the User’s surname, first name, telephone number and email address) and must not include any text fields for describing symptoms or for any other purpose. A clearly legible notice indicates that telephone contact is available in the event of a situation deemed urgent or confusing for the User.

5.11 The contact icon may allow the User to send a message to the person in charge of the professional website. The User must be duly informed, via a pop-up or any other clearly legible means, that these messages are not read in real time and that this is not a means of obtaining medical advice. The User must also be informed, by the same means, that the contact address is not a secure address and that, consequently, the User’s email address and the content of their message could be read by a third party.

Article 6. USER LIABILITY

6.1. The User shall bear all the consequences, whether direct and/or indirect, of using the Professional Website, which they use under their sole responsibility.

6.2 Any failure by the User to comply with their obligations under these General Terms and Conditions of Use shall entitle the Doctor to bring any liability claim against the User, without prejudice to any damages that may be claimed from them.

Article 7. INTELLECTUAL PROPERTY

7.1 The content of the Professional Website is protected by law, in particular the provisions of the Intellectual Property Code.

7.2 The Doctor retains ownership of the intangible elements created on the Professional Website. Any reproduction of articles, photographs, images, logos, trade marks, site maps, texts and other documents without the Doctor’s prior written authorisation – in so far as these constitute the Doctor’s own intellectual creations protected by copyright within the meaning of Article L. 112-2 of the Intellectual Property Code – would therefore constitute an infringement punishable under Articles L. 335-2 et seq. of the same Code.

Article 8. PERSONAL DATA

8.1 CNIL Declaration

In accordance with Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the processing of Data by the Doctor has been declared to the CNIL.

8.2 Right to access, amend, rectify and delete data held by the Dermatological Laser Centre

In accordance with Article 39 of the Act of 6 January 1978, the User has the right to access, amend, rectify and delete their data. This right may be exercised by contacting the Doctor.

8.3 Cookies

Cookies are small files containing data, including in particular an identifier, transmitted by the professional website’s server to the User’s browser and stored on the hard drive of the User’s computer. They enable, in particular, the identification of the User, the personalisation of their browsing experience on the professional website and the acceleration of the professional website’s page loading. The User acknowledges that they have been informed of this practice and authorises the Doctor and/or their web host to proceed accordingly. In any event, the content of these cookies is kept strictly confidential.

The User may configure their browser to accept these cookies, to reject them, or to be prompted to accept or reject them each time they connect to the Professional Website.

Article 9. SETTLEMENT OF DISPUTES

9.1 Any dispute relating to the performance and/or interpretation of these General Terms and Conditions of Use shall, prior to referral to a court, be subject to an attempt at conciliation or mediation in accordance with the provisions of Decree No. 2015 -282 of 11 March 2015 on the amicable resolution of disputes.

9.2 In the absence of an amicable settlement within forty-five (45) working days of the dispute arising, the matter shall be definitively referred to the competent courts of the defendant.

Ownership of the website

DOCTOR SIMON TOURNEMINE

Conception

HealthCie :

A creative and SEO agency specialising in the healthcare sector.

Le Créateur Digital des Professions Médicales

www.healthcie.fr

Hébergement

1&1 Internet SARL FRANCE

Registered office: 7, place de la Gare – 57200 SARREGUEMINES.
A limited liability company with a share capital of 100,000 euros,
registered in the SARREGUEMINES Trade and Companies Register under no. 431 303 775