General Conditions of Use and confidentiality policy (CGU)

HCW@home is a web platform (hereinafter: the “HCW@home Platform”) intended for doctors or caregivers (hereinafter: Health Professionals) needing to carry out a remote consultation (hereinafter: the “Teleconsultation”) with a Patient (hereinafter: the “Patients”) needing to receive said consultation. The HCW@home Platform authenticates Healthcare Professionals and Patients (hereinafter: users) in order to allow them to exchange information, respectively to undertake a consultation in this context, remotely, by audio and video .


The HCW@home Platform is managed by the Company Iabsis SARL (hereinafter: the maintainer) and hosted by its partner Akemes SA (hereinafter: the host) on the Exoscale cloud solution. The servers are exclusively hosted in Switzerland in Geneva.


The purpose of these General Conditions of Use and confidentiality policy (hereinafter: the “CGU”) is to define the conditions of use of the HCW@home Platform and the processing of personal data which may be collected within the framework. predefined.

General

  • By accessing the HCW@home Platform, the User, respectively their legal representative, certifies having read and understood these T&Cs, and agrees to be bound by them. The User who does not accept the terms of these T&Cs must immediately cease all use of the HCW@home Platform.

  • By using the HCW@home Platform, the User certifies that they have the exercise of civil rights allowing them to consent to these T&Cs. When the User is a minor or does not have the exercise of civil rights for any other reason, his legal representative consents, on his behalf, to these T&Cs and accompanies him when using the HCW@home Platform. In the latter case, the term “User” designates the User deprived of the exercise of civil rights and acting with the agreement or through their legal representative.

Teleconsultation

When a healthcare professional considers that a Teleconsultation via the HCW@home Platform is necessary or appropriate, and with the User's agreement, the Healthcare Professional, respectively an auxiliary, informs the User and collects their telephone number and/or email address.


In the absence of agreement from the patient concerned for a Teleconsultation, the consultation concerned will take place in person in the premises of the Health Professional.


Before the Teleconsultation, the Healthcare Professional sends, via the HCW@home platform, either by SMS or by e-mail, to the contact details previously provided by the Patient, a notification containing a link to connect to the HCW@home Platform. Before the Teleconsultation, the Patient receives a total of three notifications:

  1. In the case of a planned consultation, a first notification is sent to him at the time of planning and after the User has provided the Health Professional with his telephone number or e-mail address for the Teleconsultation. . It contains a test link so that the user can test the HCW@home Platform and, if necessary, update their device. The use of certain browsers, respectively the update of certain browsers or devices, may be required for the use of the HCW@home Platform. In the event of difficulty accessing the HCW@home Platform, the User is required to quickly contact the secretariat of the healthcare professional concerned by telephone.
  2. The second notification is sent to the User twenty-four (24) hours before the Teleconsultation, with the aim of reminding them of the date and time of the Teleconsultation.
  3. The third notification is sent to the User one minute before the Teleconsultation and contains the link necessary for the connection to proceed with the Teleconsultation.

By opening the transmitted link and clicking on “Join consultation”, the User is placed in a waiting room. In the event of difficulty accessing the HCW@home Platform, the User immediately contacts the secretariat of the healthcare professional concerned by telephone.


The healthcare professional starts the teleconsultation. During the Teleconsultation, the Health Professional takes notes related to the patient's state of health and then adds them to the patient's medical file.


The HCW@home Platform allows, during the Teleconsultation, the transmission of digital files from the User to the Health Professional. The User and the Healthcare Professional can also communicate in writing via the HCW@home Platform.

  • When the Health Professional considers it necessary, the digital files transmitted via the HCW@home Platform are recorded and added to the patient's medical file.
  • Furthermore, figures 3 and 5 of these T&Cs relating to prohibited behavior, as well as the protection of personal data, apply to the transmission of documents via the HCW@home Platform.

Teleconsultation data via the HCW@home Platform are deleted after 24 hours following the end of the teleconsultation with the exception of meta data (teleconsultation scheduling time, teleconsultation start time, consultation end time).

Prohibited behavior

The User is required to use the HCW@home Platform only in accordance with Swiss law or any other law that may apply.


The User undertakes not to transmit, by any means whatsoever, content including programs, codes, viruses or any other process likely to cause damage to the HCW@home platform or to Health Professionals , to other Users, or to third parties. He undertakes not to adopt behavior intended to destroy or limit the functionalities of the HCW@home Platform or to illicitly collect Personal Data.


The User guarantees to have verified that his computer configuration does not contain any viruses and undertakes not to generate overload of the server hosting the HCW@home Platform.


By using the HCW@home Platform, the User undertakes in particular not to:

  • use or attempt to use the HCW@home Platform in an offensive, abusive or unlawful manner or purpose, including committing or facilitating fraud, in particular by posting or using terms that may be offensive or inappropriate;
  • record all or part of the Teleconsultation;
  • solicit or attempt to solicit commercial services in communications, in any form whatsoever, sent or published through the HCW@home Platform;
  • transmit or attempt to transmit content protected by an Intellectual Property right without having first obtained the express consent of its owner;
  • use or attempt to use information made available through the HCW@home Platform for commercial purposes, in particular by reusing or distributing it online;
  • use or attempt to use the HCW@home Platform for the purpose of providing a competing service;
  • use or attempt to use any automated script or program (including but not limited to a robot, spider (spidering, sniffing, crawling, web scraping, etc.) or other automated means or interface to access the HCW@home Platform and/or the Personal Data of its Users;
  • interfere or attempt to interfere with the proper functioning of the HCW@home Platform or the enjoyment derived from it by any of its Users, by any means whatsoever, in any manner likely to damage, disable, overburden or to alter the HCW@home Platform, in particular hack or attempt to circumvent the content filtering techniques that the HCW@home Platform reserves the right to use;
  • copy, modify, merge, sell, redistribute, assign, transfer the software or source code of the HCW@home Platform, or any part thereof, as well as reverse engineer, decompile, disassemble, translate, decipher or attempt to discover the source code used for the HCW@home Platform;
  • infringe or attempt to infringe any patent, trademark, trade secret or copyright held by the relevant Healthcare Professional or one of its business partners;
  • access or attempt to access any part of the HCW@home Platform to which the User is not authorized to access, in particular the server on which the HCW@home Platform is hosted or any other server, computer or database data connected to the HCW@home Platform;
  • introduce or attempt to introduce viruses, Trojan horses, ransomware or other malicious or technologically harmful material into the HCW@home Platform or its Users' devices;
  • use or attempt to use the HCW@home Platform in violation of these T&Cs; And
  • facilitate or assist another person to do any of the above acts.

The User is solely responsible, on a civil, administrative and criminal level, for the comments and/or content (texts, images, sounds, etc.) that he communicates through the HCW@home Platform and the Use he makes of it. The User expressly accepts that the Health Professional terminates by any appropriate technical means, in particular that he removes any content from the HCW@home Platform, which does not fully comply with these T&Cs or with the applicable legal provisions. .


The Healthcare Professional reserves the right, upon request from a judicial or administrative authority, to communicate any information in its possession allowing or facilitating the identification of the User, such as the IP address and connection time. , in particular in the event of non-compliance by the User with the obligations defined above.


The Maintainer reserves, without having to indicate the reasons and without committing in any way whatsoever, the right to limit or remove access to the HCW@home Platform to any User who does not strictly comply with the provisions of these General Terms and Conditions or the applicable legal provisions.


Users must fully compensate the Maintainer (including for damage to the image and/or reputation and for all legal and attorney costs) for any damage, direct or indirect, resulting from an activity legally or contractually prohibited or any illicit act on or through the HCW@home Platform.

Intellectual property

The Maintainer holds, respectively benefits from a license to, all copyright, patent, design, database rights, trademark rights, business secrets, commercial secrets, know-how, or any other property or intellectual property rights, whether registered or not, relating to the HCW@home Platform, to the software on which it is based, to the content of the HCW@home Platform and to the databases that it is based on. it may contain (hereinafter: the “Intellectual Property”).


In connection with the above, the Maintainer grants the User a non-exclusive, non-transferable, non-sublicensable sublicense, for a limited period for the use of the HCW@home Platform and revocable in at any time, to access the HCW@home Platform, to display the content of the HCW@home Platform, to use and consult the HCW@home Platform for personal use exclusively (without right of use by third parties ). The Maintainer reserves the right, without notice, to withdraw the aforementioned license at any time with immediate effect in the event of violation of the law or non-compliance with these T&Cs.


Furthermore, consultation and use of the HCW@home Platform do not confer any other intellectual property rights to the User on any element linked to the HCW@home Platform. Any reproduction (including by downloading, printing etc.), representation, making available, communication to the public, adaptation, modification, translation, transformation, distribution, integration into another Internet platform, commercial exploitation and/or reuse in any way either all or part of the elements of the HCW@home Platform is strictly prohibited without the prior written authorization of the Maintainer as well as the healthcare professional concerned.


The User undertakes not to use, copy or in any other way rely on the name of the Maintainer and any brands or distinctive signs held by the latter and/or carry out any act which would be contrary to the Intellectual Property rights of the Maintainer.

Data protection and privacy policy

Use of the HCW@Home Platform

By using the HCW@home Platform, the User acknowledges having taken note of the fact and accepts that the Maintainer may collect, use, store and/or process usage statistics of the HCW@Home Platform. These statistics do not contain any personal information concerning the Healthcare Professional or the Patient.


The data controller is the company Iabsis SARL, chemin des Préjins 18, 1215 Le Grand-Saconnex. The company Iabsis SARL can be contacted at the following address: info@iabsis.com.


The personal data collected through the HCW@home Platform are the Personal Data communicated by the User (see below 5.3.1) and Cookies (see below 5.3.2) (hereinafter: the “Personal Data ").


The Personal Data communicated by the User are those communicated with a view to and during the Teleconsultation. The following information may be affected:

  • the first and last names of the User,
  • his genre,
  • his date of birth,
  • telephone number and email address,
  • information relating to his general state of health, as well as the treatment(s) he is receiving,
  • photographs, videos, or any other digital file transmitted to the Health Professional,
  • call counting and call type (audio or video),
  • the date and time of the connection,
  • any other data that may be communicated as part of the use of the HCW@home Platform.

This data is collected in order for the Healthcare Professional to be able to offer medical information and, where appropriate, medical care adapted to the User's health situation. They are automatically anonymized after 24 hours following the end of the Teleconsultation, by also deleting text messages as well as attachments exchanged during the Teleconsultation.


The basis for processing this data is Art. 13 para. 1 and 2 LPD, respectively art. 6 (1)(b) of the GDPR which authorizes the processing of personal data when the processing is necessary for the performance of a contract to which the person is concerned or for the execution of pre-contractual measures taken at the request of the person . Data may also be extracted anonymously for statistical purposes.


Cookies are files containing a small amount of data which are sent from a website to the User's browser and which are stored on their device (computer or mobile device). As part of the Platform, Cookies make it possible to collect unique and signed authentication tokens with a limited validity date. The Cookies used are session Cookies exclusively intended for the operation of the HCW@home Platform. Cookies and personal data are collected for the purpose of authorizing access to the HCW@home Platform and making certain features of the HCW@home Platform accessible. The basis for processing this data is Art. 13 para. 1 and 2 LPD, respectively art. 6 (1)(f) of the GDPR which authorizes the processing of personal data for the purposes of legitimate interests, including the proper functioning and security of the Platform, in particular to ensure lawful use of the Platform and prevent potentially prohibited activities or illegal thereof.


The server hosting the HCW@home Platform collects in its logs and for a maximum period of two weeks the information set out below, the processing of which is only used for technical and diagnostic purposes: 

  • the IP address of the device
  • session number and invitation tokens
  • the URLs consulted
  • the browser used and, if necessary, the operating system of the device that can access the Internet, as well as the name of the access provider.. 

Withdrawal of consent

If the processing of Personal Data is based on the consent of the User, the latter has the right to withdraw their consent at any time, it being specified, however, that such withdrawal:

  • does not call into question the lawfulness of any processing carried out prior to said withdrawal and based on consent;
  • may have the consequence that the User will no longer be able to use certain functionalities of the HCW@home Platform.

Communication of personal data to third parties

Personal Data may be transferred to an acquirer or successor in the event of a merger, transfer, restructuring, reorganization, dissolution, or other form of sale or transfer of all or part of the Maintainer's assets, whether as part of a going concern or a bankruptcy, liquidation or similar proceeding, in which personal information held by the Maintainer subject of the Users of the HCW@home Platform is an integral part of the transferred assets.


The purpose of sharing Personal Data with the aforementioned third parties is to ensure the activity, as well as to maintain and seek to constantly improve the HCW@home Platform. The reason on which it is based is article 13 al. 1 and 2 LPD, respectively article 6(1)(f) of the GDPR, which authorizes the processing of Personal Data when such processing is necessary for the purposes of the legitimate interests of the controller.

Communication of personal data to authorities

The Maintainer may be required to communicate Personal Data if it considers that this is necessary for security reasons, to investigate a potential infringement or any other violation of the T&Cs, including to investigate a complaint or dispute, respond to a complaint or to a dispute or resolve them.


The Maintainer may be required to disclose Personal Data when required by law or a judicial or administrative authority or when it is required to admit in good faith that such disclosure is necessary to:

  • Investigate, prevent or take action in connection with potential or proven illegal activities or to assist the administrative enforcement authorities,
  • execute an agreement that binds the Maintainer to the User,
  • investigate and defend against a third party complaint or allegation,
  • protect the security and integrity of the HCW@home Platform, or
  • exercise and protect the rights and safety of Users, its employees or others.

Compliance with the requirements regarding respect for medical confidentiality is in any case reserved.

  • The Maintainer attempts to notify Users of third party requests relating to their Personal Data when this seems appropriate and when it seems technically feasible, subject to the case where the law or an authority decision prohibits it or when the request suffers from an emergency. The Maintainer may, in its sole discretion, choose or not to contest any of these requests when they are worded too broadly, are too vague, or are unfounded.


  • The purpose of sharing Personal Data with the aforementioned authorities is to meet the obligation within the meaning of Article 13 al. 1 LPD, respectively article (6)(1)(c) of the GDPR, which authorizes the processing of Personal Data when this processing is necessary for compliance with a legal obligation to which the Maintainer is subject.

The Maintainer reserves the right to use the Data communicated for research purposes, provided that they are completely anonymized. Furthermore, the use of non-anonymized Personal Data for research purposes will only be done with the express consent of the persons concerned.


The Maintainer does not sell Personal Data to third parties, does not share or otherwise make personal data available to third parties, except in the cases expressly provided for in these T&Cs.


The Maintainer uses all commercially reasonable means to prevent any exposure or disclosure of Personal Data, including all administrative, physical and technical measures. In the event of a proven or suspected violation, the Maintainer undertakes to use its best efforts to immediately notify the persons concerned when this is technically feasible and to cooperate with them to investigate and resolve the violation. in question, including by providing reasonable assistance in notifying injured third parties, by providing access without delay, but within the limit of a reasonable request, to the files relating to the violation in question. In the event of a proven or suspected violation, the Maintainer undertakes to notify the case to the competent authority under applicable law.

Management of Personal Data (User rights)

Right of access, updating and erasure of Personal Data: To the extent possible, the User may access, update or request erasure of their Personal Data by contacting the Maintainer. following address: info@iabsis.com.


Right of rectification: the User has the right to obtain the rectification of his Personal Data if it is inaccurate or incomplete.


Right of opposition: the User has the right to object to the processing of their Personal Data.


Right to limitation of processing: the User has the right to obtain limitation of the processing of their Personal Data.


Right to portability of personal data: the User has the right to obtain a copy of their Personal Data in a structured, commonly used and machine-readable format.


Right to withdraw consent: the User has the right to withdraw consent at any time when the processing of their Personal Data relies on it.


Right to complain to an authority: the User has the right to complain to a data protection authority about the collection and use of their Personal Data. For further information, contact the locally competent data protection authority within the European Economic Area (EEA) or Switzerland.


The Maintainer may ask the User to prove their identity before responding to a request based on the aforementioned rights or otherwise related to their Personal Data.


The Maintainer keeps the Personal Data communicated by the User on its servers for a maximum period of twenty-four (24) hours from the end of the Teleconsultation, after which they are permanently destroyed. When the Personal Data communicated by the User is added to the medical file, at the initiative of the Health Professional, these are kept for the periods relating to the conservation of medical files.


The retention period of Cookies depends on their functionality and is always the same regardless of the person to whom the Personal Data concerns. Regarding session Cookies, they are destroyed at the end of the session concerned.


The Maintainer reserves the right to retain Personal Data in depersonalized (i.e. anonymous) form following deletion of the Personal Data.

No warranty and compensation

The Maintainer undertakes to implement all reasonable means at its disposal to ensure quality access to the HCW@home Platform, but has no obligation to guarantee this access, in particular in the event of a malfunction of the network, servers, or any other event beyond its control. The Maintainer cannot be held responsible for an interruption, even prolonged, of access to the HCW@home Platform, in particular in the context of network overload or inability to access.


The User accesses the HCW@home Platform, makes use of it and downloads any possible file at his own risk.


The Maintainer may interrupt, suspend or modify access to the HCW@home Platform temporarily and without notice, without having to explain the reasons.


The Maintainer may also, in its sole discretion and at any time, permanently cease providing the HCW@home Platform or any part thereof, with or without notice.


No information available on the HCW@home Platform which is not expressly indicated as such in the T&Cs will create a guarantee, an offer to contract or any other obligation for the Maintainer. The latter declines all liability arising from any reliance placed in these elements by the User. In particular, the photographs and other images that may be present on the HCW@home Platform are not contractual and in no way commit the Maintainer as to their veracity and authenticity.


The User undertakes to indemnify the Maintainer, its representatives, bodies and employees and to exempt them from any liability for any losses, damages, claims, penalties, fines, costs and expenses, including without limitation attorney's fees and legal costs, which may arise from the subject:

  • his use of the HCW@home Platform;
  • non-compliance with the T&Cs; * any violation of intellectual property rights and/or personality rights of third parties;
  • and any damage caused through the HCW@home Platform.

Referral

The principles relating to invoicing, as well as the Health Professional's policy regarding cancellation of appointments, applicable to face-to-face consultations are fully applicable to Teleconsultations via the HCW@home Platform.

Changes to the T&Cs

Taking into account possible developments in the HCW@home Platform, the Maintainer reserves the right to modify these General Conditions of Use, without notice. These modifications will be applicable upon publication of the new T&Cs on the HCW@home Platform.

Miscellaneous

The User cannot transfer the rights and obligations arising from these T&Cs to a third party without the prior written consent of the Maintainer.


The Maintainer is authorized to transfer to a third party all or part of the rights and obligations arising from these T&Cs or the Privacy Policy without the User's consent.


These T&Cs, including any modification or addition that the Maintainer may make at any time, constitute the entire agreement between the User and the Maintainer in connection with the use of the HCW@home Platform.


The failure of the Maintainer to exercise or enforce any right or provision of the TOU will not constitute a waiver of that right or the relevant provision.


In the event that a clause or part of a clause of the T&Cs were to be declared or become null or void or if gaps were to appear, the other provisions and/or the rest of said clause would remain valid. Invalid clauses will be interpreted or replaced in such a way that the aim pursued by the parties is achieved to the greatest extent possible..

Jurisdiction and applicable law

These T&Cs, as well as all questions arising from them or in connection with them (including non-contractual disputes or claims and their interpretation), are subject to Swiss law, to the exclusion of conflict rules. laws.


The exclusive jurisdiction for any dispute relating to the interpretation, application or execution of these T&Cs is located in Lausanne, Switzerland..

Contact

For any questions, the User is invited to contact the company Iabsis SARL, at the following contact details:

  • Ttelephone: +41 (0) 22 519 61 32.
  • Address: chemin des Préjins 18, 1215 Geneva, Switzerland.
  • Email address for any questions regarding data protection: info@iabsis.com.

Le Grand-Saconnex, February 6, 2024