Terms of Service

Diagnologic

Definitions

Diagnologic: French company that created the website and the App.

App: medical imaging application usable on smartphone created by Diagnologic

Site: medical imaging website created by Diagnologic

TAC : Terms and Conditions of Use

Services: set consisting of the Site and the App

Content :image(s), text (s), graphics (s), software (s) (except the App itself), document (s) or other material Services

Diagnologic content: all medical data, patient records, diagnostic gamuts present prior to the creation of a collaborative mode (January 1, 2017), and remaining the integral property of Diagnologic

Collaborative Content: Data posted on the Services either by Diagnologic after January 1, 2017 or by a Registered User.

Registered User: Anyone who has completed the registration form to use the Services and to contribute to the app.

Content of the registered User: Content that a Registered User publishes, adds, submits, downloads or transmits in order to make this content available on the Services

Certified User: Registered User who has been authorized to act as a licensed health professional or student enrolled in a recognized health care program.

 

General dispositions

Any registration, use, publication or visualization of the services provided by Diagnologic, supposes and implies that you fully and unreservedly accept these TAC.

These Terms constitute a legal agreement between you and Diagnologic.

In you do not wish to accept all or part of these TAC, it is your responsibility to decline any use of the Services.

Diagnologic may, at any time and without notice, modify its Terms and Conditions, as well as any information contained on the Site and belonging to it.

If these Terms are modified, the modified version will be published on the Site or the App and you will be notified of this change. By continuing to access or use the Services after you publish a change or after a change of TAC, you agree to respect the modified TAC. If you do not agree to the modified Terms, you agree to immediately cease all use of the Services.

The Services are exclusively for healthcare professionals. It is designed for educational purposes and contains medical informations. If you are not a health professional, this service is not intended for you and we thank you for leaving the Services.

 

Disclaimer - limitation of liability

Diagnologic does not guarantee the accuracy or completeness of the data or information contained on the Services and assumes no responsibility for them.

The information or data published on the Services is for informational purposes only and for educational and collaborative purposes only. This information or data can under no circumstances replace the opinion of health professionals, a medical diagnosis or even be considered or interpreted as advice or recommendation of any kind whatsoever.

The information or data published on the Services is not intended to replace the relationship between the patient and the healthcare professional or to substitute a medical opinion. The information or data published on the Services can not in any case answer medical questions from the public.

In general, it is recommended to systematically solicit the opinion of a qualified physician for any diagnostic, imaging or treatment of a condition.

Diagnologic and its affiliates, authors, directors, collaborators, partners, or any other party involved in the creation and operation of the Services with Diagnologic shall not be liable for any injury or damage to persons or property, Which concerns actions taken or not taken on the basis of all published information or data on the Services.

Similarly, Diagnologic expressly disclaims any liability for consequences that are directly or indirectly related to any use, abuse or interpretation and for any other information provided or omitted.

The Registered User is therefore solely responsible for the use of the information provided, and will have to make his / her own evaluation before evoking a diagnosis, proposing a further examination, or treatment. Consultation with other health professionals or other sources of information is strongly recommended. If the Registered User chooses to rely on the information and data available by the Services, it will be solely at his own responsability.

Dagnologic and its affiliates, authors, officers, collaborators, partners or any other party involved in the creation and operation of the Services together with Diagnologic shall not be liable for any damages that may be suffered as a result of of the use of the information and data available on the Services.

By using the Services, the Registered User accepts and acknowledges to bear all the risks related to the access and the use of the Services and in particular the Collaborative Content.

Nor Diagnologic or any other person or entity involved in any step of the creation, production of the Services, including Collaborative Content shall be liable for any damages related to their use.

If the Registered User uses the Services outside of France, he becomes responsible for the compliance of services with legal, regulatory or ontological applicable under the law of the country from which he access the Site.

The responsibility of Diagnologic or of any other party involved in the creation and operation of the Services with Diagnologic can not under any circumstances be engaged in the event of non-compliance with the legislation of the country where the Services are used.

Diagnologic exists in french and English. In case of contradiction between the French version and the English version, the French version is the only one to be authentic and the only one that engages Diagnologic and the Registered User.

 

Property of the site and its contents

The Services are the property of Diagnologic.

Any use or reproduction of the Diagnologic Content, without prior written consent of Diagnologic is strictly prohibited.

Diagnologic does not claim the ownership of the Collaborative Content on the Services. However, by publishing any information or data about the Services, any Registered User or Certified User grants Diagnologic a non-exclusive, perpetual, free, transferable, sublicensable license (at multiple levels) to print, copy (whether on a hard disk or any other medium), edit, translate, execute and display (publicly or not), redistribute , modify, adapt, manufacture, sell, offer for sale, transmit, distribute, sublicense, transfer, distribute on the internet, broadcast, create derivative works, and make any other use or exploitation.

 

Service Content

Diagnologic does not claim any property of any Registered User Content.

Any Registered User that respects the Terms and Conditions shall be granted by Diagnologic a non-exclusive, limited, non-transferable license to view any Content solely for the purpose personal and non-commercial. This license is not transferable to any third party.

No other license or right is granted to the registred User due to  intellectual property rights held by or under the control of Diagnologic or its licensors except for licenses and rights expressly granted By the TAC.

If the user respect the Terms and Conditions, Diagnologic grants to the Registered User a limited, non-exclusive, non-transferable license to download and install a copy of the App on mobile devices or a computer of which he is the owner or under his control and to use these copies of the App for his own personal and business use. This non-transferable license is also potentially limited by any terms and conditions of use required by the vendor from which he purchased the App.

All trademarks, logos, service marks, trade names and other proprietary designations of Diagnologic used on the Services are trademarks or registered trademarks of Diagnologic.

The Registered User may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works, or sell any or all of the Services or Diagnologic Content, Collaborative Content, or any other Content, Product or service obtained from the Services by any means, except with the express prior written agreement of Diagnologic.

The Registered User may not license, sell, resell, distribute, lease, loan, share, lease, transfer or exploit commercially all or part of the Services.

The Registered User may not perform any systematic retrieval of content to create or compile, directly or indirectly, any collection, compilation, database or directory without the prior written permission of Diagnologic.

The Registered User agrees not to use robots, or other automated download programs or devices intended to:
- permanently and automatically search for indexing of the entire content, unless Diagnologic authorizes it;
- collect personal information from the Services for the purpose of sending unsolicited or unauthorized material;
- cause the Services to be interrupted.

If the Services contain robot exclusion files or robot exclusion headers, the Registered User agrees to respect them.

If the Registered User wonders whether a particular use is authorized, any request for permission to publish, reproduce, distribute, display or create works derived from any content should be addressed in writing to Diagnologic.com

 

Conduct of the User

All generated content by a Registered User, must comply with all local and national regulations regarding compliance Privacy and good practices in this area. The identifying information must be removed from the Registered User's Content. Diagnologic will make available to the Registered User tools belonging to him to help him delete direct identifiers and other common identifiers. The Registered User declared and warrants that each time he submits a Content, he agrees to respect the terms and conditions regarding the deletion of the person's credentials appearing on the image or document.

Registered User shall not diffuse by any manner, information directly or indirectly identifying the patients whose medical images he publishes, namely: (i) the first name and last name of the patient, ) Age and sex if this information is not strictly necessary, (iii) location of the patient, (iv) dates of birth, admission, and more generally any calendar indication of a patient, (V) a patient's telephone and fax numbers and e-mail address, (vi) the patient's social security number, (vii) the health, insurance or mutual health card number of the patient, (Viii) the number and place of medical registration or hospitalization.

Despite of the anonymisation prior to the publication of the medical images, the Registered User must obtain the written authorization of the patient to publish the previously anonymized photograph. The Registered User is prohibited from making copies and / or reusing, without express prior authorization, the medical images published by another user. The Registered User guarantees the Company against any complaints, claims, actions and / or claims whatsoever The Company may suffer as a result of the violation by the Registered User of any of its obligations or warranties under the TAC, laws and regulations.

The Registered User acknowledges and agrees to be solely responsible for, all of the User Content that it makes available on the Services. As a result, the Registered User declares and warrants that: (i) it is the sole and sole owner of the Registered User Content that it makes available on the Services or that it has all rights, licenses, consents and discharges necessary to grant Diagnologic the rights in this respect, in accordance with the TAC; And tant (ii) no Registered User Content, upload, submission, Registered User Content transmission, or use by Diagnologic of the Content of the Registered User (or any part thereof) on or through Services shall not (a) deflect, or infringe any patent, copyright, trademark, trade secret, moral right or other intellectual property rights, publicity right or right to privacy of any third party, Or (b) infringe any applicable law or regulation, including, but not limited to, all rules, laws or regulations governing personal health information, personal information and privacy, such as The Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Health Information Protection Act (PHIPA), the Health Infor (HITECH), the Data Protection Act of 1998, the Protection of Personal Information Act of 2013, the Data Protection Act of 1978, the Spanish Law 15/1999 on Protection Personal data, the Belgian Law of 8 December 1992, Greek Law 2472/1997 on the Protection of Individuals with regard to the Processing of Personal Data, The Indian Technology Law of 2000 Information, Argentine Law No. 25.326 and No. 26.529 on the Protection of Personal Data, as well as the law No. 11.723 on Intellectual Property, the Japanese Law on Protection of Personal Information, the Health Data Protection Regulation No. 7 of 2013 (as amended) of Dubai Healthcare City and Law No. 1 2007 (as amended) of the Dubai International Financial Center and the 2007 DIFC Data Protection Regulations (as amended), the Privacy Act, and the Law on the Protection of Personal Data Of the Republic of Kazakhstan No. 94-V of May 21, 2013 on Personal Data and Their Protection, the Law of the Republic of Kazakhstan on the Promotion of Use of Information and Communication Networks and Protection of Information Federal Federation of the Russian Federation "on personal data", the Federal Law of the Russian Federation "on the fundamental principles of health protection in the Russian Federation", l A Law of Ukraine of 1 June 2010 on the Protection of Personal Data (as amended) and all other applicable national, state and provincial laws (hereinafter "the Privacy Laws" ) Depending on the country or territory of access to the Services. The Registered User retains full responsibility for compliance with applicable laws.

The Registered User authorizes Diagnologic to access his contact list and / or address book in order to enable him to share the application, Information or images with some of his contacts. If the Registered User's contact resides in a country protected by anti-spam laws or privacy laws requiring the consent of users on-site, including, but not limited to, Argentina, Australia, Belarus, Brazil, Chile, Costa Rica, Iceland, Ireland, Israel, Japan, Mexico, New Zealand, Norway, Peru, South Africa, Turkey, The United Kingdom, Venezuela or any other part of the European Economic Union, it is necessary for the Registered User to obtain his consent before using his e-mail address in order to share information, images or Invitation to use the Services.

The Registered User is aware that the use of the Services may involve or require the transmission of large amounts of data. The Registered User is solely responsible for all data processing charges that may be charged by his telecommunication operator or ISP, or that may arise from his use of the Services.

The Registered User includes and agrees that the Services may include certain communications from Diagnologic such as service announcements and administrative messages.

Diagnologic does not charge fees for the use of the Services. However, the Registered User acknowledges and agrees that Diagnologic may, at its sole discretion, invoice and collect from it any fees for the use of the Services or the costs of sending and receiving communications. Diagnologic will then notify the Registered User of any fees for the Services, before such fees are due, and the Registered User will have the option of continuing or not using the Services. In the event of a refusal by the Registered User, Diagnologic reserves the right to immediately end the User's access to the Services.

By using the Services, the Registered User declares:
- to be a medical professional or a medical student or in the healthcare field,
- be over 18 years of age.
By using the Services, the Registered User agrees to:
- comply with all Diagnologic policies contained or referred to in the Services,
- ensure accuracy, sincerity and the completeness of the information it provides and to update it in the event of a change,
- not to disrupt or interfere with the security of Diagnologic, or to abuse services, system resources, User accounts, servers or networks connected to or accessed through the Services,
- not to disrupt or impair the enjoyment of any other user of the Services, - not to download, or transmit through the Services any viruses or other harmful, disruptive or destructive files,
- not to use or attempt to use another account, service or system without the authorization of Diagnologic, nor to create or use a false Identity on the Services,
- not to transmit, through the Services, unwanted mail or any other type of unsolicited mass email to persons or entities that have not accepted to be part of such mailings,
- Not to publish, download, add, submit, transmit or make available by any other means any Content that you do not have the right to post under any law, contractual or fiduciary relationship,
- Not to take, publish, download, add, transmit or use any screenshots, reproductions, drawings, photos, videos, downloads or image data, comments or contributions from the Content,
- Not to publish, download, add, submit or transmit any content that: (i) infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral right or other intellectual property rights of any third party , Rights of publicity or privacy; (Ii) violates, or encourages conduct that would constitute a violation of, any applicable law or regulation or would incur civil liability; (Iii) is fraudulent, false, misleading or deceptive; (Iv) is defamatory, obscene, pornographic, vulgar or offensive; (V) promotes discrimination, intolerance, racism, hatred, harassment or violence against any person or group; (Vi) is violent, threatening or promoting violence or actions that threaten any person or entity; Or (vii) promote illegal or harmful activities or substances,
- Not to use, display, copy or reproduce the Services, Diagnologic names, trademark, logo or other information belonging to Diagnologic or the layout and design of any page or form contained on a page without The express written authorization of Diagnologic,
- Not to disclose his username or password to others on or outside the Services,
Inform Diagnologic immediately if he suspects fraudulent use of a user account; Diagnologic shall not be liable for any damages arising from theft or in connection with the theft of user information and / or disclosure by the User Enters his user information or use by another natural person or morality.

If you violate the Terms of Use, Diagnologic shall have the right to suspend or deactivate your user account or to terminate the Terms in its sole discretion and without notice. Diagnologic reserves the right to revoke your access and to prohibit you from using the Services at any time, with or without cause. The Registered User can close his user account at any time by contacting Diagnologic by e-mail. The application will be processed within seven (7) days.

Advertising

Services may contain advertisements.
Services may subscribe to services that directly and automatically place advertisements in dedicated locations on the application.
Diagnologic shall not be held liable for the contents of the advertisements or the consequences of any contractual relationship between the Registered User and the person who disseminated the advertisement. Advertisers have no control over the editorial content of the site.

 

External Links

The Services may display links to external sites.The information on these sites is the sole responsibility of the respective publishers.

The Registered User acknowledges being fully responsible and assuming all the risks resulting from its use of these websites, resources, content, products or services available on or via these websites or resources.

 

Confidentiality and personal data

Diagnologic is committed to respecting the privacy of its Registered Users and is committed to ensuring that the collect and processing of personal information, Services, are carried out in accordance with the law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms amended by Law n ° 2004-801 of 6 August 2004. As such, Subject to a declaration to the CNIL under number 1522915.

According to Article 34 of Law No. 78-17 of January 6, 1978, Diagnologic guarantees its members a right of opposition, access and rectification on the nominative data concerning them.

The Registered User agrees that Diagnologic may share with other physic or legal persons non-personal data collected from the Registered User on the occasion of his Use of the Services. Non-personal data is information that describes the habits, usage patterns or demographics of Diagnologic users as a group, without specifying the identity of the particular users. The Registered User also agrees that Diagnologic may share with other physics or legal persons any personal information collected by the Registered User in connection with the use of the Services that does not allow the User to be identified.
Diagnologic is committed to not disclose personal information concerning the Registered User without the authorization of the User except for the granting of credits of CME.

 

Maintenance and support

Diagnologic and its suppliers can not be held responsible by the Registered User or anyone else if interference or damage to the User's computer system occurring with the use of the Services. Diagnologic does not warrant that access to or use of the Services will be uninterrupted, fast, secure or error free.

Diagnologic can not be held liable because of technical unavailability of the connection, due in particular to force majeure, maintenance, updating, modification of the Services, Intervention by the host, internal or external strike, network failure, power outage, misconfiguration or use of the User's computer, and can not cause financial compensation.

 

Rule applicable, attribution of jurisdiction

These terms of use are governed, interpreted And applied in accordance with French law.
The TAC were written in french. In the event of a contradiction between the French and English versions, the French version is the only one to be authentic and the only one binding both parties
Any litigation relating to the interpretation and application of the TAC will be submitted to the competent French courts.

 

Presentation of the Site
Diagnologic.com is published by the Company:
Diagnologic
37 boulevard de Magenta 75010 Paris
SAS with capital of 10 000 euros
Immatriculated in RCS Paris under n ° 533 701 249
The publication director is: Raphaël Khayat
The Diagnologic.com site is hosted by:
OVH, head office 2 rue Kellermann 59100 Roubaix
Editor in chief:
Raphaël Khayat
Graduate of the Paris VII Faculty of Medicine, Diagnostics and Medical Imaging
Laureate of the Faculty of Medicine of Paris VII
The site is funded by Diagnologic, subscriptions, and advertising.
The capital of Diagnologic is owned by individuals with no direct or indirect link with the pharmaceutical industry.