1. Definition

MyMedicalBox: designates all the software developed by MSJR SOLUTIONS SANTE, hereinafter referred to as “MSJR”, and accessible whether by smartphone, computer or any other relevant medium with Internet.

Service: means the services of dematerialization of personal medical data on a platform offered by MSJR which is defined in Article 3 of these Terms of Use.

User: designates the natural person of age who has created a client account via the website www.mymedicalbox.fr or its associated mobile application.   It also defines the legal entity having expressly received the power of use of the service by the natural person of age concerned, having the effect of creating a customer account via the site www.mymedicalbox.fr or its associated mobile application.

2. Subject

The purpose of the present General Conditions is to define the General Conditions of Use (GCU) of the www.mymedicalbox.fr website and its associated mobile application as well as the General Conditions of Subscription, both hereinafter referred to as General Conditions.

These Terms and Conditions apply to all users of the Services.

The User of the Services acknowledges having read the General Terms and Conditions and agrees to them without reservation. The User undertakes without reservation to respect these General Conditions of Use.

Thus, the use of the site www.mymedicalbox.fr and its associated mobile application implies full acceptance of these General Conditions. The latter prevail over any other document distributed by MSJR (brochure, catalog…)

The present General Conditions may be modified at any time by MSJR.

3. Description of the services provided by the company

The website www.mymedicalbox.fr and its mobile application allows the dematerialization of the personal medical data that the User considers to be of capital importance to save his life by digitizing them via a platform.

Through the website www.mymedicalbox.fr and its associated mobile application, MSJR makes available a management tool for the storage of medical data that the User considers to be crucial to save his life.

The User can modify or complete the data that he/she considers to be crucial to saving his/her life and that he/she wishes to make available to a third party via Mymedicalbox.

The User decides on the visibility of each of his/her information:

– Public: information visible to anyone who scans a QR Code.

– Emergency: Visible temporarily after the rescuer has entered his or her name and telephone number; it is specified that in this case a verification procedure is set up by sending an access code to the telephone of the person requesting access.

– Private: Accessible permanently but revocable by a selected person previously authorized by the User.

The services www.mymedicalbox.fr and its associated mobile application do not in any way provide a medical diagnosis, do not replace the diagnosis of a doctor and do not replace a medical consultation. The proposed services do not correspond to an emergency service. To be in contact with an emergency service, the user must contact the competent service, usually the 15.

4. Access to the service

In order to access the services, the User must create an account. To do so, he/she must fill in the registration form. The User agrees to provide real and accurate information.

In addition, the use of the service requires the use of an identifier and a password. The login and password are strictly personal to each user of the service.

The password must be chosen by the User so that it cannot be guessed by a third party. The User undertakes to keep it confidential and, to this end, to take the necessary precautions to maintain its confidentiality (e.g. locking the telephone, etc.).

The use of the login and password is under the sole responsibility of the user. It is the responsibility of each user to implement all security measures necessary to protect their password and login. In particular, it is recommended that Users lock their cell phones and protect their computers and tablets with passwords. Users must ensure that they disconnect from Mymedicalbox at the end of their use.

In case of forgetfulness, loss, misuse or unauthorized use of his confidential code by another user, MSJR cannot be held responsible and the User must immediately inform MSJR of this use, by email to the following address: contact@mymedicalbox.fr

In addition, at the creation of the account a personal QR CODE and a user number will be provided to the user. The QR CODE and the user number allow, in case of emergency, the health professional or any other person, equipped with a smartphone or a computer, to access the health data that the User has accepted to see public.

MSJR reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Service, in order to ensure maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

MSJR undertakes to make every effort to ensure the availability of the service. MSJR cannot guarantee the continuity of access to the service. The User acknowledges that the services offered by MSJR may be interrupted, altered or removed due to cases of force majeure or by third parties. The occurrence of any event beyond the control of the parties will be considered as constituting a case of force majeure. Events such as the blocking of telecommunications and computer networks are considered as force majeure.

The act of a third party may in particular result in the termination of the contract for the rental of spaces on the website, at the initiative of the owner of the space.

The user acknowledges that MSJR is subject to an obligation of means.

Furthermore, access to the service is subject to the conditions of the user’s telephone and internet network.

The User is invited to regularly check online that he/she has the latest version of the Application and that he/she has downloaded the correct version of the Application on his/her cell phone. MSJR will not be held responsible, in the event of a malfunction, if the User has downloaded the wrong version of the Application or if he does not have the latest version of the Application.

The User is advised to ensure that all services are uninstalled before disposing of the equipment.

5. Use of the service

MyMedicalBox allows users to access their personal medical data that the user considers to be of vital importance to save their life and that they undertake to keep up to date.

The User will also be able to authorize trusted persons to have access to his documents. To do this, the user must clearly identify in his personal space, the trusted persons who will benefit from this authorization. The latter will receive their own access code allowing them to access the personal medical data that the User considers to be crucial to save his life and that he undertakes to update.

The User is solely responsible for accessing his/her file.  As such, the User expressly acknowledges that he/she is solely responsible for the persons to whom he/she decides to give access to his/her file.

The areas offered within the Service are as follows:

– Profile

– Emergency

– Flash of a QR Code

– My Health

– Events

Within the various areas of the Service, functionalities are made available to the User, in particular to enable him to manage his health documents.

The User’s attention is drawn to the following precautions for use:

“Creating a User account

The Service is intended solely and exclusively for Users of legal age, who are responsible for implementing appropriate security measures to protect and restrict access to the Service by minors.

The use of MyMedicalBox is also subject to :

– the express and unreserved acceptance of these Terms and Conditions ;

– the collection of informed consent after prior information of the User for the collection, processing and hosting of his personal health data with an approved host of health data within the meaning of Article L. 1111-8 of the Public Health Code.

At the stage of creating a personal account, the User fills in the following elements corresponding to his “health profile” (first name, gender, date of birth…)

The information that the User fills in remains under his entire control, direction and responsibility.

“Connection to the Service

Connection to the Service is based on a system of identification of the User requiring the systematic use of the identifier/password.

The authentication system is described below:

– The identifier corresponds to the User’s Internet address;

– The required password is the one the User will have filled in when creating his account. In accordance with security requirements, this password must contain at least eight characters, including at least one number, one lower case letter and one upper case letter;

The User is informed that for security reasons his password must not have any link with him or with the persons for whom he has legal responsibility and for whom he uses the Service (name, date of birth…). The user is advised to change his password every 60 days.

Asset management: Asset management consists of the association of devices with a user. At each connection with a new device, it is registered in the park and associated to the user. An email notification is sent to the user when a new device is connected.

“Profile

On his profile, the user can access the :

– Contact information and Contact healthcare professionals

– Relatives: The user must enter at least one relative who will be displayed along with his/her phone number on his/her public profile and who will be alerted when the user’s emergency page is accessed. The relative will have to accept his status by clicking on the link he will receive by email. The contact of a relative can be removed by the User within the limit of a minimum of one relative per User.

– Access: The User can open permanent (revocable by the User) or temporary access to trusted persons. The User will verbally communicate the code, received by SMS after creating an access, to the person concerned. It is recommended that the user perform an annual review of open accesses.

– Activities: This list provides an overview of the people who have accessed the user’s pages.

– Contract

“Emergency

In the Emergency tab, the patient can enter data that can be used in an emergency.

In this category, we will find, among others:

– Elements related to the user’s body type as well as information about his choices related to organ donation and blood transfusion.

– His/her pathologies

– His/her allergies

– His treatments

– His transplants

– His/her vaccines

– His/her history

“Flash of a QR Code

The flash of a QR Code allows access to the public page of a patient.

To do this, it is necessary either to flash a QR Code with a device allowing this or to enter a patient code. The data defined by the user as “public” will then appear, as well as his health contacts.

Access to the “emergency” data will only be possible by entering a valid phone number which will be verified by sending an SMS code.

Any medical emergency situation must lead the User to immediately contact his attending physician or to dial emergency numbers such as 15.

Thus, MSJR can in no way be held responsible for the use made of the information, features and any other content offered within the Service, by the User.

“My Health

– Health data

The User has the possibility to fill in medical data that he considers essential to save his life.

The information that the User provides remains under his entire control, direction and responsibility. Under no circumstances does MSJR check the consistency or relevance, particularly in scientific, medical or health terms, of the data entered by the User within the Service. It is the User’s responsibility before any decision or action to consult the competent health professionals.

This feature allows the User to easily consult and modify the information previously entered and gives him the possibility to enter new information.

The User is informed that the storage and archiving of data is done in accordance with the requirements set out for the processing of personal health data.

– Visibility of data

The data is entered directly by the User within the Service.

For third parties, the Service allows the User to choose a level of visibility attributed to a data:

– Public” visibility: the User considers that these data can be known by all. It will only be visible to a third party by scanning the QR Code or by entering the User’s patient code.

– Emergency” visibility: the data associated with “emergency” visibility is visible to users who have entered their phone number and respected the emergency process, as well as to people with access.

– Private” visibility: Visible only to persons with access.

It is specified that under no circumstances will MSJR be responsible for the data that the User has chosen to store via the platform made available to him. The User is solely responsible for the data that he chooses to store via the platform by MSJR.

It is expressly agreed that MSJR cannot be held responsible for the data that the User has decided alone and under his entire responsibility to make visible via the visibility either “public”, “emergency” or “private”.

“Events

To enable him to group certain data and find them more easily, the service offers the User to create events.

The data can thus be classified and searched by event.

6. Commitment and responsibility

The Service is used under the sole responsibility and control of the User. The User undertakes to validate the adequacy of the Service to his needs and to use the Service under normal conditions and in accordance with its purpose.

MSJR is in no way responsible for the veracity of the data entered by the User, who remains entirely responsible for the data that he wishes to store via the platform made available to him by MSJR. The User acknowledges, thus, that he is the only one responsible for the personal data he enters and that he considers to be crucial to save his life within the Service. He also acknowledges that the choice of the personal data he provides and that he considers to be crucial to save his life are made under his sole control, direction and responsibility.

MSJR shall in no case be held responsible for any direct or indirect prejudice, whatever it may be, resulting from the use of the Service in any capacity and under any circumstances whatsoever.

The User is solely responsible for the use he makes of the Service and shall not hold MSJR responsible for any claim related to its use.

Furthermore, the user undertakes, in accordance with his obligations, to take all useful precautions, particularly in terms of security of access to his equipment, so that the said data is not made accessible to unauthorised third parties.

The User’s attention is drawn to the need to strictly monitor the security of his passwords/logins and third party access to his equipment/devices because of the potential sensitivity of the data he enters within the Service.

The User implements, under his responsibility, all useful and relevant security measures for the needs of protecting access to his equipment-devices and to the data of the Service.

MSJR may not under any circumstances be held responsible for access by third parties to accessible personal data. Indeed, the User is solely responsible for the data that he has chosen to store via the platform made available to him; on the other hand, for the persons who will have access to it.

The User acknowledges that the use of the Service is not a substitute for personal or medical monitoring by health professionals.

The User is invited to systematically seek the advice of a qualified health professional if he or she has questions about his or her health. Under no circumstances does the Service allow for remote monitoring or teleconsultation by health professionals. It is in no way intended to provide medical advice. It is not a substitute for consultation with a medical professional.

The content of the Service and the information provided by MSJR are not intended to serve as a basis or substitute for professional medical advice, diagnosis of any pathology or treatment. The User is advised to always seek the advice of a health care professional if he or she has any questions regarding his or her health condition.

The User is informed that MSJR is in no way able to assess the state of health of the User and, if applicable, the possible emergency situation in which the User finds him/herself, who is solely responsible for the use of the information offered via the Service, for any decision made, and for any action taken, based on the information contained and entered within the Service.

The user agrees to provide truthful, reliable and accurate information. In this regard, it is expressly agreed that MSJR is in no way responsible for data that is false, erroneous, inaccurate or imprecise. It is the User’s responsibility to verify the veracity of the data that he/she considers to be crucial to saving his/her life, but also to update them.

To this end, the User acknowledges, on the one hand, that he/she is solely responsible for the use that may be made of the content, of whatever nature, and on the other hand, that MSJR does not control or guarantee the accuracy, legality, quality or reliability of the content of whatever nature that the User has decided to store and that he/she considers to be of capital importance to save his/her life.

7. Price and payment for paid services

Access to the Service is provided at the price in effect on the day of subscription to the Service, expressed in euros including all taxes at the rates applicable on the day of subscription; any change in rates may be reflected in the price of the Service.

The packages are either individual or family packages including a maximum of 5 people per household.

MSJR will inform you of any rate change on its website.

The price list is available on the website www.mymedicalbox.fr

It is specified that the non-use of the service does not exonerate the user from the payment of the subscription to which he has subscribed.

All subscriptions are payable monthly and in cash at the time of their implementation.

Automatic renewal of the subscription via the Appstores is provided on a monthly basis.

Subscription fees are payable exclusively online and by credit card on a secure payment platform, or by any other secure payment system indicated on the site at the time of the transaction.

All payments are final and irrevocable for the subscription in question, and may only be reimbursed in the event of default or contractual breach by MSJR within the framework and conditions of the contract.

8. Entry into force of the contract / duration of the contract

The contract comes into force as from its acceptance by the User and is concluded for an indefinite duration. It may be terminated at any time by the User by giving one month’s notice upon receipt of

Of a registered letter with acknowledgment of receipt addressed to MSJR Solutions Santé – Services Relation Clients, 53 rue Gaston de Flotte 13012 Marseille or via a request made on the website www.mymedicalbox.fr or its associated mobile application.

9. Retraction period

The user has a period of 14 days to exercise his right of withdrawal from the conclusion of the contract and this, in accordance with the provisions of Article L121-21-5 of the Consumer Code which states that:

“If the consumer wishes the performance of a service to begin before the end of the withdrawal period mentioned in Article L. 121-21, the trader shall collect his express request on paper or on a durable medium. The consumer who has exercised his right of withdrawal from a contract for the provision of services whose performance has begun, at his express request, before the end of the withdrawal period shall pay the trader an amount corresponding to the service provided until he communicates his decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract. “

To exercise the right of withdrawal, the user must notify his decision to withdraw, before the expiry of the aforementioned period, by means of a registered letter with acknowledgement of receipt clearly mentioning his intention addressed to MSJR Solutions Santé – Services Relation Clients, 53 rue Gaston de Flotte 13012 Marseille.

10. Termination-suspension

Any non-compliance with any of the provisions of these General Terms and Conditions by the User or with a legal provision in force in the context of the use of the Service, automatically results in automatic termination, without notice or compensation, of these General Terms and Conditions, the User undertaking in this case, without delay, to remove the Service from his or her equipment and apparatus.

In addition, MSJR reserves the right to suspend or terminate the User’s subscription at its sole initiative, without prior notice, in the event of abusive or fraudulent use, or behaviour prejudicial to the interests of MSJR by the User or by any third party acting on behalf of the User.

In the event of non-payment of the monthly subscription on the agreed due date, MSJR may send a letter of formal notice by any means at its convenience (mail, e-mail, etc.) to have the situation regularized within 8 days.

If at the end of this period, the User has not paid the sums due, MSJR may terminate the subscription within a period of 10 days following a formal notice that has remained unsuccessful, without any compensation of any kind whatsoever being requested from the User. MSJR reserves the right to take legal action against the User to obtain, in addition to the payment of the sums owed plus legal interest, the reimbursement of the costs incurred by MSJR to proceed with the collection of these debts.

11. Confidentiality

The personal information concerning the users is confidential.

The communication of medical documents is done via a secure platform directly accessible either through the interface of mymedicalbox.fr or its associated mobile application, by flashing the QR Code provided when creating the account.

MSJR makes every effort to ensure the confidentiality of Users. However, as MSJR does not control the content of the documents stored on the platform made available to it, the User acknowledges that it is his or her sole responsibility to anonymize the documents that he or she chooses to store via the platform made available to it.

12 – Intellectual Property

MSJR is the owner of the intellectual property rights both of the general structure of the Website and of its content (texts, slogans, images, videos, photos and other content). It is specified that the data stored by the user, expressly, are not part of the content as referred to in this article. The latter benefit from the confidentiality as referred to in Article 10 of these terms and conditions.

Consequently, in accordance with the provisions of Book 1 of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Website and/or its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorisation of MSJR, is prohibited and constitutes an act of copyright infringement.

Likewise, any unauthorized use of the Website and/or its content and/or the Services engages the criminal and civil liability of the User on the basis of copyright infringement.

Any other use of the Website and/or the Services constitutes an infringement of copyright, punishable under Articles L 335-2 et seq. of the Intellectual Property Code.

The trademarks, logos, corporate names, acronyms, commercial names, signs and/or domain name of MSJR mentioned on the Website constitute distinctive signs that cannot be used without the express prior authorisation of their owner.

MSJR is also the owner of the data security algorithm.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, in application of the provisions of Book 7 of the Intellectual Property Code.

13 . Personal Data

At the time of the registration by the user on www.mymedicalbox.fr and in order to create his customer Account, the User informs his names, first names and e-mail addresses.

Similarly, in the context of the use of the service, the User may provide data relating to his health (medical documents …).

The User remains free of the documents they wish to store via the platform made available to him.  The User is solely responsible for the data they wish to store. In the same way, the User remains free to authorize the free communication of these to any person of his choice

MSJR is in no way responsible for the health data stored via the platform made available to it. Users are solely responsible for the data they wish to store.

With a view to respecting the privacy of its users, MSJR undertakes to ensure that the collection and processing of personal information is carried out in accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, known as the “information technology and freedom” law. https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000886460

Personal data is kept from the time of its collection in accordance with the legal provisions in force for the period defined by the laws and regulations, after which it will be deleted immediately.

All the data on the platform and the site are hosted by GMI Expert, which is one of the hosts approved by the Ministry of Health, the list of which is available on the esante.gouv.fr site via the following link:

http://esante.gouv.fr/services/referentiels/securite/hebergeurs-agrees

The purpose of this data is to manage the User’s client account and to provide the services of mymedicalbox. This data may also be used to send the User newsletters.

The User has the right to access, rectify and delete their personal data. To exercise this right, they can send their request by email to the following address: contact@mymedicalbox.fr

14. Notifications from mymedicalbox.fr

As part of the service provided by mymedicalbox.fr, the User may receive push notifications, SMS, emails, MMS, alerts or other types of messages. To this end, the User will give his/her consent when registering with mymedicalbox.fr.

15. Hyperlinks and advertisements on mymedicalbox.fr

If there are advertisements, any promotional information (article), advertising or logo will be clearly indicated and easily identifiable by the word “advertisement” next to the banner or logo.

MSJR will not be held responsible for any hypertext links accessible on mymedicalbox.com to other websites or to any other existing resources on the Internet.

16. Cookies

Cookies are small text files stored on the hard disk of the visitor to an Internet site and which are used (among other things) to record information about the visitor or about his or her visit to the site.

MSJR occasionally uses cookies to improve the information and Services provided and to make the site easier to navigate. No personally identifiable information is stored in a cookie or transferred to a third party. If the User does not wish to receive cookies, please refer to the Internet browser’s help file for instructions on how to block all cookies or how to prevent cookies from being stored.

However, if the User deactivates cookies, his or her Internet browsing and access to certain features of the site or application may be altered or even inaccessible.

17. Information – complaint

For any information, request for information or complaint, the User may contact MSJR by sending a message to the following e-mail address: contact@mymedicalbox.fr

The user must not, under any circumstances, use the complaint service to :

– send and/or store material/content that is infringing, obscene, unhealthy, threatening, defamatory or illegal including material/content that is harmful to children or offensive to any third party;

– send and/or store material containing computer viruses, Trojan horses or other codes, files, scripts, agents, computer programs harmful to MyMedicalBox

– interfere with and/or disrupt the integrity or performance of the services or data contained therein

– attempt to gain unauthorized access to the Application and/or associated systems and/or networks.

18. Modifications of the General Conditions

MSJR reserves the right to modify the terms, conditions and mentions of the present General Conditions at any time and in particular according to the legislative or regulatory evolutions.

Users are therefore advised to regularly consult the latest version of the Conditions of Use available on the website www.mymedicalbox.fr or on the Mymedicalbox application.

19. Force majeure

MSJR may not be held liable if the performance of any of its obligations is prevented or delayed due to a case of force majeure as defined by the case law of the French courts, and in particular natural disasters, fires, malfunction or interruption of the network. MSJR uses all necessary means at its disposal to guarantee the security of the data, content and information in its possession

20. Partial nullity

If one or more of the stipulations of the present contract were to be null and void under the terms of a legal regulatory provision or a judicial decision that has become definitive, it would be deemed unwritten and would not lead to the nullity of the other stipulations.

21. Applicable law and jurisdiction

The present provisions and more generally the relations between the User and MSJR are subject to French law.

Any dispute that may arise from the interpretation of these provisions or from the contractual relations between the User and MSJR shall fall within the jurisdiction of the French courts.

In the event of a dispute, the courts of Marseille shall have sole jurisdiction.