Publication Director: Jérôme Leleu
Production: Interaction Healthcare
Storage: Interaction Healthcare
Information collected through the forms will not be disclosed to persons other than members of our community.
Some information from these forms is optional, other information, clearly indicated as mandatory, is required for us to be able to process your information.
Data protection act
According to the law of January 6, 1978 relating to data, files and liberties, we inform you that you have a right to access, modify, rectify and delete data about you.
To do this, write to us via the contact form.
For legitimate reasons, you also can request that data about you not to be processed.
Article 1. Definitions
“Clinical Case” means any clinical case developed by or on behalf of a Third Party Publisher.
“Personal Account” means a set of pages of the Site accessible only to the registered Site User and allowing access to a private area that includes identification of a list of purchased Clinical Cases.
“Acquired Scientific Knowledge” means data for which there is consensus and that is approved by the health authorities or an expert society. In case of difficulty, this concept must be interpreted in accordance with Article R4127-32 of the Code of Public Health.
“Current Scientific Knowledge” means data for which a clear favorable orientation can be found in medical and scientific reference literature.
“Scientific Content” means any information, any data, any medical, pharmacology or anatomy information and, in general, scientific defined by the Third Party Publisher to be used, applied or exposed in a Clinical Case.
“Third Party Publisher” means any natural or legal person that has developed a Clinical Case and authorized INTERACTION to make it available.
“Subsidiary” means any company controlled by MEDICATIV or controlled by the same natural or legal person within the meaning of Article L233-3 of the Commercial Code.
“Update” means any new version of the Clinical Case made available to the User by a Third Party Publisher, through INTERACTION.
“Made available” means a Third Party Publisher authorizing INTERACTION to publish a Clinical Case on the Site.
“Published on line”: means the publishing by INTERACTION on the site to make available to the public on the Internet.
“Payment currency” means the monetary currency used for the payment of monetary obligations.
“Health professional” means any natural person authorized to practice a health profession within the meaning of Directive 2005/36/CE of September 7, 2005.
“Claim” means any action, claim or complaint based on the use of a Clinical Case and/or of the Site by the User infringing any license in France, any trademark or other proprietary right of which a third party is the owner.
“Site” means the www.medicactiv.com website.
“Operating System” means the software platform on which the Clinical Case can be or has been installed and operated by the User.
Article 2. PURPOSE
Article 3. Site
1. Site Editor
The Site is published by INTERACTION. INTERACTION may be contacted by:
– telephone: +33 1 41 05 90 40;
– e-mail: firstname.lastname@example.org;
– mail: 2 place de la Bourse 33000 Bordeaux.
The site is hosted by the company Groupe Interaction, which can be contacted at the following address: 65 Rue rein des bois 76230 Bois Guillaume.
2. Site Availability
INTERACTION undertakes to implement all reasonable means at its disposal to ensure quality access to the Site at any time, 24 / 7, but has no obligation to do so, especially in the event of malfunction of the network, servers or any other event beyond its control. INTERACTION may interrupt, suspend or temporarily change without notice access to the Site, in particular for security reasons, restructuring of equipment resources, for the maintenance or improvement of the Site or to improve the availability of information via the Internet. Wherever possible, INTERACTION will warn the User prior to the interruption of the Site. In all cases, INTERACTION will make its best efforts so that the interruption has minimal effect on the User.
The User acknowledges and agrees that access to the Site is via the Internet and that technical factors may therefore affect the network and cause slowdowns, outages or disruptions or prevent access to the Site. INTERACTION is not responsible for difficulties in accessing the Site due to Internet disruptions.
The creation of a hypertext link from the Site to a website or an external resource by the User is prohibited.
The posting by the User of hyperlinks to a page on the Site is authorized, subject to respect for the rights of INTERACTION and, where appropriate, the Third Party Publisher, the mentioning the sources and the date of the last update of said page and the non-distortion of the words appearing on said page.
INTERACTION is not responsible for hyperlinks created by a User.
Article 4. User Registration – Personal Account
To purchase and download Clinical Cases, the User must create a Personal Account on the Site.
Users are free to deactivate their Personal Account at any time directly from their dedicated Personal Account space. The Personal Account is disabled automatically if it has been at least one (1) year since the last connection. An e-mail will be sent to the User one (1) month before the automatic deactivation indicating that without a new connection, the User’s Personal Account will be deleted. Deactivation for whatever cause takes effect immediately. In no case can deactivation lead to payment of compensation to the User.
Access to the Personal Account is secure and is done through an identifier chosen by the User and a password of at least eight characters of three different character types. The username and password are strictly personal. The User is solely responsible for the measures to be implemented to ensure the confidentiality of their username and password. In the case of loss or theft of username and/or password, or should the User become aware of the use of their password by unauthorized third parties, they must immediately inform INTERACTION at the address email@example.com to revoke their identification codes and obtain new ones. INTERACTION shall in no circumstances be held liable for access to the site by unauthorized parties made possible by the illicit use of the User’s user ID and password.
For access to the Personal Account, communications between the Client terminal and the Site is encrypted using SSL Certificate.
Article 5. Clinical Cases
1. Scientific Content of Clinical Cases
Clinical Cases are developed by Third Party Publishers or on their behalf and under their responsibility by INTERACTION. The Scientific Content is defined by the Third Party Publisher who is solely responsible for the Clinical Case’s agreement with Acquired Scientific Knowledge or Current Scientific Knowledge. When the Clinical Case is based on the data of the Current Scientific Knowledge, the Third Party Publisher specifically states this in the presentation of the Clinical Case.
INTERACTION is not responsible for the Scientific Content of Clinical Cases. INTERACTION’s role is limited to ensuring the availability of Clinical Cases on the Site and their commercialization in the name and for the account of Third Party Publishers.
2. Right of Use of Clinical Cases
In the name and on behalf of the relevant Third Party Publisher, INTERACTION grants the User, who accepts it, the personal, non-exclusive, non-transferable and non-conveyable right to use any downloaded Clinical Case. This right can be granted with or without charge, at the discretion of the Third Party Publisher, for the information on the Site page with the Clinical Case. The granting of the right of use of the Clinical Case does not entail the transfer of any property rights. Reproduction and translation of the Clinical Case is prohibited.
Clinical Cases will be used by the User only for professional training. Clinical Cases are in no case the subject of the definition of a therapeutic strategy for the management of care for a patient. Information provided in the Clinical Case and its Scientific Content does not exempt the User from their responsibility to their patients. The User acknowledges and agrees that they are solely responsible for the consequences resulting from the possible use of one or more Clinical Cases for the care of their patients. INTERACTION is not responsible for a fault or other malfunction affecting the Clinical Case, an error affecting the Scientific Content, the non-conformity of a Clinical Case to Current Scientific Knowledge or a failure of warning regarding the information included in the Clinical Case regarding Acquired Scientific Knowledge.
3. Download a Clinical Case
To download a Clinical Case, the User must be connected to a Personal Account on the Site and have:
- a computer terminal equipped with a compatible operating system;
- Internet access (the cost of access is borne by the User);
- a web browser [TO BE DEFINED].
These minimum technical configurations are subject to change without notice. Users are solely responsible for the compatibility between their Terminal and the Application or their equipment and the Site.
In case of a change in the Acquired Scientific Knowledge and, where appropriate, of the Current Scientific Knowledge used, implemented or presented in a Clinical Case, the Third Party Publisher is solely responsible for updating the Clinical Case. The Third Party Publisher is also solely responsible for monitoring to detect changes in the Acquired Scientific Knowledge and, where appropriate, the Current Scientific Knowledge used, implemented or presented in their Clinical Case.
With a subscription that includes the Updating of the Clinical Case for a period of one (1) year from the acquisition of the Clinical Case, any Update is distributed separately and at cost.
5. Ownership of Clinical Cases
The Clinical Case, including text, graphics, images and sound components thereof, is the intellectual property to which the Third Party Publisher named on the Site holds the full rights within the meaning of Articles L111 -1 and amendments of the Code of Intellectual Property or on which the Third Party Publisher has the rights to the Making Available of the Clinical Case. The Third Party Publisher guarantees the User against any Claim and undertakes to bear any liability, loss, costs, damages, costs and attorneys’ fees arising from such Claim. The guarantees granted to the User by the Third Party Publisher within the scope of this article are exclusive of any other legal or contractual warranty, express or implied.
The User agrees not to infringe, directly or indirectly, the rights of the Third Party Publisher. Any representation, reproduction, exploitation or modification by any process whatsoever and using any media whatsoever of all or part of a Clinical Case, without the prior written permission of the relevant Third Party Publisher, is prohibited.
Article 6. Payment – Invoicing
The making available at cost of a Clinical Case requires the User to pay to INTERACTION the amount defined by the Third Party Publisher and indicated on the Site. The amount is expressed before tax. It is calculated at full right of tax at the rate of value added tax (VAT) applicable in France on the day of payment. The payment of VAT is the sole responsibility of the User. The User acknowledges and agrees that according to its credit institution and/or the place from through which the User subscribes, the amount due can also be increased through establishment of specific credit costs, particularly related to a foreign exchange transaction.
The currency for the payment is the euro. Payments are portable. They will be carried out at the home of INTERACTION or from any credit institution that it designates to the User.
Unless agreed otherwise by the Parties, the invoice is issued by INTERACTION electronically upon payment confirmed by the User’s credit institution. It is addressed to the User by e-mail and is made available in their Personal Account.
Article 7. Liability
INTERACTION is not responsible for:
- any malfunction of the Site, including if this malfunction is due to some incompatibility between the User’s configuration and the required configuration, initial or amended, or disturbances to the network used by the User to connect;
- any adverse consequences resulting from imperfections and defects in the Clinical Case and errors in the Scientific Content;
- property damage, moral or physical, direct, indirect, special, incidental or consequential, arising from the use or unavailability of the Case and / or the Site.
INTERACTION cannot be held responsible for a breach of any of its contractual obligations resulting from the occurrence of a force majeure, such as those usually recognized under French jurisprudence.
The Third Party Publishers alone are responsible for imperfections and defects within the meaning of the articles 1386-1 and amendments of the Civil Code, affecting the Clinical Cases and errors in the Scientific Content, as well as direct and indirect damage that may result.
Article 8. Evidence
The User acknowledges and agrees that the records stored in computer systems of INTERACTION or its subcontractors under reasonable security conditions will be considered as irrefutable evidence of the communications, orders and payments between the Parties.
The User acknowledges and agrees that such records will be the only evidence admitted.
Article 9. Data Protection
INTERACTION guarantees that it has fulfilled all legal obligations concerning the protection of personal data, including making all preliminary formalities with the French data protection authorities, the National Commission for Computing and Liberties (CNIL), which requires it to implement the processing of the User’s personal data.
The User is informed of the collection of their personal data at the time of the creation of their Personal Account and their payment for a Clinical Case. These data are the following:
- identifying data: name, address, e-mail address, proof of identity, operations related to customer management;
- business data: occupation, employment status, SIREN number and VAT number;
- data relating to the transaction: transaction number, details of the purchase or subscriptions;
- data relative to monitoring of the business relationship: Clinical Case purchased, subscriptions, amount, frequency, delivery address, purchase history, correspondence with the customer and after-sales service, exchanges and feedback from customers and prospects, account manager;
- data relative to invoice payments, payment terms, discounts granted, receipts, paid and unpaid balances;
- data relative to means of payment: postal or bank statement ID, check number, credit card number, credit card expiration date.
The communication of identifying and professional data enables the creation of the Personal Account, while the communication of banking data enables the acquisition of the Clinical Case.
The Customer’s personal data are kept for:
- a period of three (3) years from the end of the business relationship with regard to the identifying and professional data;
- the time needed to carry out the transaction with regard to credit card data or, in case of subscription and with the express consent of the User, for the duration of the contractual relationship;
- the duration of the contractual relationship with regard to the bank details, in case of debit payment;
- a period of one (1) year from the exercise of the right to access and / or correction regarding the Customer proof of identity.
- When paying by credit card, the CVV of the credit card is not preserved.
With the express agreement of the User, INTERACTION can transmit identifying data concerning the User to its trading partners.
According to the law 78-17 of January 6, 1978, the processing of personal data carried out under the responsibility of INTERACTION has been declared to CNIL, which has issued a receipt under the number 1894262, dated October 7, 2015.
Pursuant to Articles 38 and amendments of Law No. 78-17 of January 6, 1978, the right to access, modify, rectify and delete available to the User can be exercised by sending a letter or e-mail, accompanied by an identity document to the following address:
Department of health digital simulation
2 place de la Bourse
Article 10. Cookies – Audience measurement
To enable the proper functioning of the Site, INTERACTION implants cookies on the computer of the User. These cookies may collect personal data, with the express consent of the User.
At the time of the User’s first use of the Site, their consent is requested for the installation and operation of these cookies by an appropriate technical process. In case of refusal or deactivation by the User, certain features of the Site may no longer be operational. To disable cookies, the User must set parameters on their browser. The procedures are described either in the browser’s help menu, or on the publisher’s website:
- Internet Explorer / Edge:
Cookies have a maximum lifetime of thirteen (13) months.
Article 11. Intellectual property
The Site’s IT design and content, including text, graphics, images and sound components, constitute intellectual works for which INTERACTION holds all rights within the meaning of Articles L111-1 and amendments of the Code of Intellectual Property or on which INTERACTION holds the rights necessary for their use. INTERACTION guarantees the User against any Claim and shall bear any liability, loss, costs, damages, costs and attorneys’ fees arising from such claim. The guarantees to the User agreed by Interaction as part of this article are exclusive of any other legal or contractual warranty, express or implied.
The User agrees not to directly or indirectly infringe the rights of INTERACTION. Any representation, reproduction, exploitation or modification by any process whatsoever and on any media whatsoever of all or part of the intellectual property, without the written permission of INTERACTION, is prohibited.
Article 12. Contract transfer
The User acknowledges and agrees that the contract with INTERACTION may be transferred to a subsidiary or a third party without prior notice.
Article 14. Claims – Applicable law – Jurisdiction
Article 15. Other stipulations
In case of difficulty in interpretation between any of the titles at the head of clauses, and any of the clauses, the titles will be declared nonexistent.
The fact that either of the Parties does not avail themselves at a certain point of any one of the clauses or tolerates failure to perform on a temporary or permanent basis by the other Party may not be interpreted as a waiver of the right to take action later.