General conditions of use

of the Sêmeia solution
This charter came into force on September 15, 2021

1. Purpose

The Sêmeia software solution (hereinafter: the “Solution”) is to allow health professionals (hereinafter: the “Solutions”) and patients, as well as, where applicable, their caregivers (hereinafter referred to together as the “Patients”), to participate in therapeutic follow-up programs, in telemedicine operations, in the conduct of studies and clinical experiments relating to treatments and dosages, in the construction of predictive models (hereinafter referred to together as the “Programs”) .For the purposes of this document, the Professionals and Patients are hereinafter jointly referred to as the “Users” .The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered via the Solution (hereinafter: the “Services”) as well as to define the rights and obligations of the parties in this context. They are accessible and printable at any time by a direct link at the bottom of the Site's page. They may be supplemented if necessary by conditions of use specific to certain Services, which complement the these general conditions and, in case of contradiction, prevail over them.

2. Operator of the Solution and Services, contact

The Site and the Services are operated by the company SÊMEIA, SAS registered with the Paris Trade and Companies Register under number 821 556 099, whose head office is located 174, Quai de Jemmapes - 75010 Paris (hereinafter: “SÊMEIA”). SÊMEIA can be contacted at the following contact details, in particular for any complaint:Postal address: 174, Quai de Jemmapes - 75010 Paris (hereinafter: “SÊMEIA”) .SÊMEIA can be contacted at the following coordinates, in particular for any complaint:Postal address: 174, Quai de Jemmapes - 75010 Paris (hereinafter: “SÊMEIA”). electronics: support@semeia.io

3. Access to the Solution and Services

The Solution and the Services are accessible to: any natural person with full legal capacity to engage under these terms and conditions. A natural person who does not have full legal capacity may access the Site and the Services only with the agreement of his legal representative. Any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

4. Registration on the solution

4.1 Professional Registration

4.1.1 Registration of the referring Professional

The Professional having the role of referent in the Program (hereinafter: the “Referrer”) registers on the Solution by completing the registration form provided for this purpose. It must provide all the information marked as mandatory. Any incomplete registration will not be validated.Once registered, the Referrer must fill in his identification information that allows him to access his account on the Solution (hereinafter: the “Account”) according to our recommendations. If necessary, depending on the characteristics of the Program, SÊMEIA can directly register the Referrer on the Solution and send him by email the link allowing him to access his Account and to define his password.

4.1.2 Registration of other Professionals

The Referring Professional creates the Accounts of the other Professionals participating in the Program by specifying their role and methods of accessing the Program data (hereinafter: the “Program Data”) according to this role.Opening these Accounts results in SÊMEIA sending the Professionals concerned the link allowing them to access their Account and define their password.Once registered, Professionals can also open other Accounts for Professionals participating in the Programs, in the conditions described above.

4.1.3 Access to Program Space

Opening Accounts on behalf of Professionals gives them access to a shared space (hereinafter: the “Shared Space”) through which they can participate in the Program and consult the Program Data to which they have access, according to their role in the Program.A guide for using the Services is made available to Professionals on the Shared Space.

4.2 Patient Enrollment

4.2.1 Registration on the Solution by Professionals

Patients are registered on the Solution by the Professionals, after they have collected their consent to the processing of their data, including in particular their health data, necessary for the implementation of the Program (hereinafter: the “Patient Data”), as well as for sharing Patient Data with Professionals according to their role in the Program.Professionals open an Account in the name of each Patient using the form provided for this purpose. They must provide all the information marked as mandatory, in particular the Patient's medical history and care history. Any incomplete registration will not be validated.Once their Account has been opened, Patients receive by SMS and email a specific url (hereinafter: the “Token”) allowing them to access a home page on which they authenticate themselves by entering their email address and mobile phone number.The Token can be used within 24 (twenty-four) hours from its receipt. If, after this period, Patients have not activated this Token, it can no longer be used. In this case, Patients will receive a new Token, which can also be activated within 24 (twenty-four) hours.

4.2.2 Space dedicated to the Patient

Opening Accounts on behalf of Patients gives them access to a specific space (hereinafter: the “Patient Space”) through which they will have access to their Patient Data and will be able to participate in the Program in a form and according to the technical means specific to each Program.A guide for using the Services is made available to Patients on their Patient Space.

4.2.3 Provisions common to all Users

Users can access the Shared Space or, where applicable, their Patient Space at any time, after having identified themselves as indicated in points 4.1 and 4.2 above.Users are solely responsible for maintaining the confidentiality and security of these identifiers and must immediately contact SÊMEIA, at the contact details mentioned in article “Operator of the Solution and Services, contact” if they notice that their Account has been used without their knowledge. They recognize SÊMEIA the right to take all appropriate measures in such cases.

5. Acceptance of the general conditions

Acceptance of these general conditions is evidenced by a check box: by the Professionals, when they first connect to the Solution, by the Patients, when they are authenticated on the home page after activating the Token, under the conditions described above. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Site or use the Services.

6. Description of the Services

The User has access to the following Services, in a form and according to the functionalities and technical means that SÊMEIA deems most appropriate.

6.1 Patient Specific Services

6.1.1 Educational content

The Patient has access, via his Patient Space, to explanatory sheets, relating to the pathology, object of the Program in which they participate, to his symptoms and to his treatment (hereinafter: the “Educational Contents”) .These Educational Contents are produced by health professionals competent in the medical field in which the medical field in question relates and/or constituted on the basis of official published data, official sources of information on pathologies and health products. Patients expressly acknowledge and accept that the Educational Contents constitute only general information on the pathology concerned and its treatment. They can in no way be assimilated or replaced by a medical diagnosis.

6.1.2 Patient Data Management

Patients have access, via their Patient Space, to their Patient Data, as well as to the history of the treatment followed as part of the Program and to their care journey. They can enter new Patient Data into the Solution or update them, according to the nature and characteristics of the Program, as well as the needs for their follow-up in this context, including in particular questionnaires or specific information relating to their health status.

6.1.3 Exchanges with Professionals

Patients can communicate with the Professionals in charge of their follow-up under the Program, using the Messaging Service referred to below. In this context, they can issue alerts to these Professionals in the event of unexpected or undesirable effects that they notice during the monitoring of the Program.

6.1.4 Services specific to Professionals

6.1.4.1 Program Data Management

Each Professional has access, on the Shared Space, to the Program Data that concerns him, according to his professional profile and his role in the Program. Professionals are also notified of any new entries or updates of the Program Data to which they have access. They also have the option of entering and/or completing this Program Data.

6.1.4.2 Alert Management

Professionals may receive alert messages or notifications consisting in particular, depending on the nature and characteristics of the Program, consisting in: the occurrence of events requiring appropriate actions on the part of the Professionals; Program Data or atypical Patient Data; a risk of stopping care on the part of certain Patients.

6.1.4.3 Statistics

Professionals have access to statistics on the use of the Solution and Services, as well as on the evolution of the Programs, in a form and according to the functionalities and technical means that SÊMEIA considers most appropriate.

6.1.4.4 Interoperability and data transfer

At the request of the Professionals concerned, SÊMEIA may ensure the interoperability of the Solution with other systems and tools, for the purpose of monitoring Program Data and, where applicable, Patient Data by health professionals authorized to consult said data.Sêmeia may export this data to the attention of public authorities or control authorities authorized to access it.The methods and technical means implemented to ensure these Interoperability and Export Services will be determined on a case-by-case basis, by mutual agreement between SÊMEIA and the Professionals concerned.

6.1.4.5 Access to patients' shared medical records

In order to be able to adapt their care, the Professionals in charge of their follow-up may have access to the data in their shared medical file, relating to the history of the care path of the Patients concerned during the two years preceding the consultation of the shared medical file. Professionals will in particular have access to Patients' medical consultations, to the medications purchased and to the carrying out of any biological assessments, excluding, however, the results of analyses carried out in this context, during the period mentioned above. The Professionals acknowledge and expressly accept that, in accordance with the regulations in force, each Patient may decide at any time to modify or refuse the access of the Professionals concerned to his shared medical file.

6.1.4.6 Access to Passive Patient Data

When the treatment requires it and depending on the characteristics of the Program, and subject to the prior written consent of the Patients, physical activity data may be collected via the mobile application from the Patient's smartphone and shared with the only Professionals in charge of their follow-up in order to be able to adapt their care.

Professionals will have access to quantitative physical activity data. No data or geolocation information will be collected.Professionals acknowledge and expressly accept that each Patient may at any time decide to modify or refuse the collection and provision of this data to the Professionals concerned.For patients with an Android smartphone, the use by Sêmeia of information received from the Google APIs by Sêmeia will comply with Google API Services User Data Policy, including limited use requirements.

6.1.5 Teleconsultation

Professionals who have the status of doctors have the possibility of conducting teleconsultations by videoconference with the Patients whom they monitor as part of the Program.To this end, the Patient and the Professional plan the date and time of the consultation directly between them, outside of the Solution.When the Professional starts the teleconsultation, at the agreed date and time, the Patient is informed by receiving an email and an SMS, in which There is a hypertext link allowing him to access it.At the end of the teleconsultation, the Professional has the option of entering a report that will be kept in the Shared Space.Sêmeia does not record, video or audio, teleconsultations.

6.1.6 Messaging

Users have access to a messaging system, through which Patients can communicate with the Professionals monitoring them, as part of the Program.As part of the use of the Messaging Service, it is the responsibility of the Users to exercise appropriate caution and discernment in their exchanges with other Users, as well as to respect the usual rules of politeness and courtesy.

6.1.7 Other Services

SÊMEIA reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it considers most appropriate to provide these Services.

7. Free services

The Services are provided free of charge.

8. Terms of use of the Services

The Service deposits audience measurement cookies (number of visits, pages viewed), respecting the conditions for exemption from the user's consent defined by the “Cookies” recommendation of the Commission Nationale Informatique et Libertés (CNIL); it uses Matomo, a free tool, set up to do this. This means, in particular, that these cookies are only used to produce anonymous statistics and do not allow the user's navigation to be followed on other sites.

9. Patients' right of withdrawal

As natural persons using the Services outside of any professional activity and for their private needs, Patients benefit from a right of withdrawal under the conditions provided for in articles L.221-18 and following of the Consumer Code. For this purpose, they may unsubscribe from the Solution at any time, under the conditions provided for in the article “Duration of Services, unsubscription”.

10. Proof agreement

The User acknowledges and expressly accepts: that the data and information collected on the Solution and SÊMEIA's computer equipment are evidence of the reality of the operations carried out under these terms, that this data is the main mode of proof accepted between the parties.

11. User Obligations

Without prejudice to the other obligations provided for herein, Users undertake to comply with the following obligations.

11.1 Obligations specific to Professionals

Professionals are solely responsible for the proper completion of all formalities, in particular administrative, fiscal and/or social formalities, which, if applicable, are incumbent upon them in connection with their use of the Services. SÊMEIA cannot under any circumstances be held liable in this respect. Professionals are also solely responsible for the eligibility and implementation of Programs via the Solution, in accordance with the laws and regulations in force. In this respect, they undertake to comply with all the provisions of the Public Health Code that would be applicable to them, including in particular:

  • research involving the human person, as referred to in articles L.1121-1 and following of the Public Health Code;
  • patients' rights, as referred to in articles L.1110-1 and following of the Public Health Code;
  • medical confidentiality and the sharing of patient information, as referred to in articles L.1110-4 and R.1110-1 of the Public Health Code;
  • the conditions for access to shared medical records, provided for in articles L.1111-14 and following of the Public Health Code;
  • the rules applicable to telemedicine, as described in articles R.6316-1 to R.6316-10 of the Public Health Code;
  • the following laws and regulations, intended to prevent fraud, corruption and money laundering, in particular the prohibition of offering benefits to health professionals, as referred to in articles L.1453-3 and following of the Public Health Code.

Professionals are solely responsible for their relationships with Patients and for their follow-up as part of the implementation of the Programs via the Solution.It It is their responsibility to ensure that Patients are eligible for the Program and that they have consented in writing to the sharing of their Patient Data prior to their participation in the Program.

In this respect, Professionals acknowledge and expressly accept that SÊMEIA reserves the right to ask them for any additional documents and information that it deems useful, in particular for the purposes of verifying the prior written consent of Patients. Professionals must send SÊMEIA the documents and information requested as soon as possible.

11.2 Obligations common to all Users

  • Users acknowledge that they have read the Solution the characteristics and constraints, in particular technical ones, of all the Services. They are solely responsible for their use of the Services.
  • Users undertake, in their use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
  • Users guarantee that all data and information that they provide when registering and using the Services, in particular Program Data and Patient Data, is accurate, up to date, truthful and not misleading. They undertake to update this data and information in the event of changes, so that they always correspond to the above criteria.
  • Users undertake to make strictly personal use of the Services. They therefore refrain from assigning, conceding or transferring all or part of their rights or obligations hereunder to a third party, in any manner whatsoever.
  • Users undertake to provide SÊMEIA with all the necessary information and, more generally, to cooperate actively with SÊMEIA for the proper execution of these terms and conditions.
  • Users are informed and accept that the implementation of the Services requires that they be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.

12. User Guarantee

Users guarantee SÊMEIA against any complaints, claims, actions and/or claims of any kind that SÊMEIA may suffer as a result of the violation, by the Users, of any of their obligations or guarantees under these terms and conditions. They undertake to indemnify SÊMEIA for any harm it may suffer and to pay it all costs, charges and/or sentences that it may have to bear as a result.

13. Prohibited behaviors

It is strictly forbidden to use the Services for the following purposes:

  • the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties,
  • the violation of public order or the violation of laws and regulations in force,
  • the intrusion into a third party's computer system or any activity likely to harm, control, interfere, or intercept all or part of a third party's computer system, violating its integrity or security,
  • the sending of unsolicited emails and/or prospecting or commercial solicitation,
  • manipulations intended to improve the referencing of a third party site,
  • the use of the Solution to disseminate information or links redirecting to a third party site,
  • aiding or encouraging, in any form and in any manner whatsoever, to one or more of the acts and activities described above, and more generally any practice that diverts the Services for purposes other than those for which they were designed.

Users are strictly prohibited from copying and/or diverting for their purposes or those of third parties the concept, technologies, all or part of the data or any other element of the SÊMEIA Solution for their purposes or those of third parties.

The following are also strictly prohibited: (i) any conduct likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into SÊMEIA's systems, (iii) any misuse of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) all acts likely to affect the financial, commercial or moral rights and interests of SÊMEIA or users of its Site, and finally more generally (vii) any breach of these general conditions.

It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information hosted and/or shared there.

14. Penalties for breaches

In the event of a breach of any of the provisions of these general conditions or, more generally, of a violation of the laws and regulations in force by a User:

  • SÊMEIA reserves the right to take any appropriate measures and in particular to:
    • suspend access to the Services of the User, author of the breach or offense, or who participated in it,
    • publish on the Solution any information message that SÊMEIA deems useful,
    • notify any authority concerned,
    • take any legal action.
  • SÊMEIA also reserves the right to resolve the User's access to the Services:
    • or by operation of law, fifteen (15) days after receipt, by the User, of a formal notice that has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply this clause,
    • or in the event of the repetition of a breach previously reported by registered letter with acknowledgement of receipt, the resolution then taking effect automatically on the date of sending the registered letter with acknowledgement of receipt reporting the repeated breach,... without prejudice to any damages that may be claimed from theUser.La resolution automatically results in the deactivation of the User Account, without prejudice to any other consequences that may result from the application of these general conditions.

15. Responsibility and guarantee of SÊMEIA

SÊMEIA is committed to providing the Services with all the care, diligence and skills required, according to the rules of the art.

To this end, SÊMEIA is committed to ensuring:

  • that the Solution complies with the regulations in force, relating to medical devices, in particular Regulation (EU) no. 2017/745 of April 5, 2017 as soon as it came into force, i.e. on May 26, 2020;
  • that the Program Data and the Patient Data are hosted by an approved health data host (HADS) benefiting from an approval issued by the Minister of Health, in accordance with articles L.1111-8 and R.1111-9 of the Public Health Code;
  • that the Solution makes it possible to ensure communications and exchanges of health documents between Users in accordance with the regulations and standards in force concerning the sharing of health data. Subject to the above commitments, Users acknowledge and expressly accept that SÊMEIA is subject to an obligation of means, to the exclusion of any obligation of result.

SÊMEIA is committed to implementing the necessary means to ensure the security of the Solution and to guarantee the exclusive access of Users to their Accounts. She is prohibited from communicating the content to any third party.

More specifically, SÊMEIA is committed to respecting the standards established by ASIP Santé as part of the General Health Information Systems Security Policy (PGSSI-S), to guarantee the quality and confidentiality of personal health data.

However, SÊMEIA cannot be held responsible for any lack of vigilance on the part of Users in maintaining the confidentiality of their username and password.

SÊMEIA certifies that it has an insurance policy guaranteeing its professional civil liability. She undertakes to maintain this insurance policy in force for the duration of this contract.

SÊMEIA's intervention is limited to the sole provision of the Services provided for herein, to the exclusion of all others. As such, SÊMEIA does not intervene in any way in relationships between Professionals and Patients, to which it is not a party.

SÊMEIA cannot therefore be held liable for the difficulties that may occur during the implementation of the Programs, nor be a party to any possible disputes between a Professional and a Patient in this context.

SÊMEIA undertakes to carry out regular checks in order to verify the functioning and accessibility of the Solution. As such, SÊMEIA reserves the right to temporarily interrupt access to the Solution for maintenance reasons. Users will be informed of these scheduled maintenance operations at least 24 (twenty-four) hours before their implementation by any useful means.

SÊMEIA cannot be held responsible for temporary difficulties or impossibilities of access to the Solution which would be caused by circumstances external to it, force majeure, or which would be due to disturbances in telecommunications networks.

SÊMEIA does not guarantee Users (i) that the Services, subject to constant research to improve their performance and progress in particular, will be completely free of errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole purpose of a given User in accordance with their own personal constraints, will specifically meet their needs and expectations.

In case of implementation of the Interoperability Service or transfer of the data provided for in article” Interoperability and data transfer ”, SÊMEIA cannot be held responsible for any malfunction of the third-party systems and tools concerned by this operation, over which SÊMEIA has no control.

In any event, the liability that may be incurred by SÊMEIA hereunder is expressly limited to only proven direct damages suffered by Users.

16. SÊMEIA intellectual property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) operated by SÊMEIA within the Solution, including in particular the Educational Content, are protected by all intellectual property rights or rights of database producers in force. All disassemblies, decompilations, decryptions, extractions, re-uses,, copies and more generally, all acts of reproduction, representation, distribution and use of one any of these elements, in whole or in part, without the authorization of SÊMEIA are strictly prohibited and may be the subject of legal proceedings.

17. Authorization to distribute the image and testimonies

For the duration of their use of the Services, and for the sole purpose of promoting them, Users authorize SÊMEIA to use the testimonies they publish on the website. www.semeia.io (hereinafter: the “Testimonies”), according to the following modalities:

  • They agree that their Testimonies may be distributed free of charge by SÊMEIA on its website and on any other French or foreign websites, published by all companies with which SÊMEIA has agreements,
  • They agree that their Testimonies may be disseminated by SÊMEIA by any means and on any medium for the sole purpose of promoting the Services,
  • They agree that their Testimonies be translated into all languages,
  • They acknowledge and accept that the Testimonies may be subject to modification and adaptation, according to the technical constraints of the media for distributing the Testimonies,
  • They waive the right to ask SÊMEIA for any remuneration, royalties, compensation or financial compensation in this respect.

18. Personal data

SÊMEIA practices a personal data protection policy whose characteristics are explained in the document entitled” Confidentiality policy ”, which Users are expressly invited to read.

19. Duration of the Services, unsubscription

The Services are subscribed for the duration necessary for the realization and completion of the Programs. Where applicable, depending on the characteristics of the Programs, the Services may be subscribed for an indefinite period of time.

Professionals may unsubscribe from the Solution at any time, when they no longer participate in the Program or wish to end it, by sending a request to this effect to SÊMEIA by email, using the contact details mentioned in the article “” Operator of the Solution and Services, contact ” .Patients may also unsubscribe from the Solution at any time, at their request or when they no longer participate in the Program. This unsubscription is then carried out by Sêmeia. The unregistered User then no longer has access to his Account.

In order to ensure that the User's unsubscription is effective, SÊMEIA will update the data every 36 months and will ensure the deletion of obsolete identifying data.

20. Changes

SÊMEIA reserves the right to modify these terms and conditions at any time.Users will be informed of these changes by any useful means.Users who do not accept the amended terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article “SÊMEIA”. Duration of the Services, unsubscription ” .Any User who uses the Services after the entry into force of the amended terms and conditions is deemed to have accepted these changes.

21. Language

In the event of a translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of a contradiction or dispute as to the meaning of a term or a provision.

22. Mediation

Users have the right to use a consumer mediator free of charge in order to amicably resolve any dispute relating to the execution of these terms and conditions between them and SÊMEIA, under the conditions provided for in articles L611-1 and following and R612-1 and following of the Consumer Code.

For this purpose, they can contact the following consumer mediator:

Center for mediation and amicable settlement of bailiffs (Medicys) Postal address: 73 Boulevard de Clichy, 75009 Paris

Email: contact@medicys.fr

Phone: 01 49 70 15 93

http://www.medicys.fr/index.php/consommateurs/

23. Applicable law and jurisdiction

These terms and conditions are governed by French law. In the event of a dispute over the validity, interpretation and/or execution of these terms and conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge them, unless otherwise required rules of procedure.