MAX Educ' GENERAL CONDITIONS OF USE
PREAMBLE
We welcome you to our platform MAX Educ’ (hereinafter referred to as “MAX Educ’“) accessible at the following address: www.botdesign.net/max-educ
MAX Educ’ is a secure remote therapeutic education platform.
We invite you to carefully read these terms of use which govern the use of MAX Educ’ (hereinafter the “Terms of Use“). By using MAX Educ’, you unreservedly accept these Terms of Use.
Any User who does not agree with all or part of these Terms of Use must refrain from using MAX and its Services.
For any request related to your use, you can contact us via the following email address: support@botdesign.net
LEGAL NOTICES
Website URL: https://www.botdesign.net/max-educ
Contact: Email: contact@botdesign.net
Publication Director: Olivier THUILLART – Chief Executive Officer
Publisher: BOTDESIGN, a simplified joint-stock company (SAS) with a share capital of €212,058.00, whose registered office is located at 3 Rue Bertrand Gril, 31400 TOULOUSE, France, registered with the Toulouse Trade and Companies Register under number 828 737 676. VAT number: FR26828737676
Hosting Provider: The hosting provider is the company SAS OVH, whose registered office is located at 2 rue Kellerman – BP 80157, 59053 Roubaix Cedex 1, France. Phone number: 08 203 203 63.
This hosting provider complies with HDS requirements and has been audited by the BSI group, obtaining ISO/IEC 27001:2013 information security management certification.
In addition, the host ensures a high level of confidentiality protection based on compliance with the GDPR and ISO/IEC 27018 code of practice for personal data in the cloud.
1. Définitions
“BOTDESIGN” or “We” refers to the company holding the intellectual property rights to MAX.
“Site” refers to the website accessible at the address www.botdesign.net/max-educ
“Terms of Use” refers to these general terms and conditions of use applicable to the Services.
“MAX” or “Solution” refers to all Services offered by BOTDESIGN within a digital platform for pre-diagnosis and clinical follow-up, hosted and secured with health data protection, and certified as a Health Data Host (HDS), called “MAX” (Secure instant messaging, Health chatbots, Dashboard, etc.).
“Secure instant messaging” refers to a messaging service that allows the User to securely exchange electronic messages with other Users, which may include health data.
“Chatbot” is a conversational robot, or digital health companion, allowing interaction with the patient and used for pre-diagnosis, detection, and follow-up.
“Dashboard” refers to a control panel allowing healthcare professionals to monitor their active patient list, sorted and categorized based on customizable parameters and alerts.
“User” or “you” refers to the individual using MAX and accessing the Services provided by BOTDESIGN via the Site (Healthcare professional or Patient).
“Healthcare professional” refers to professionals working in the healthcare sector, whether self-employed or not, as well as social and medical-social professionals, whether self-employed or not.
“Identifier” refers to the User’s personal login credentials.
“Personal data” refers to any information that allows you to be identified, directly (e.g., your name) or indirectly (e.g., through pseudonymized data such as a unique identifier).
“Regulations on the protection of personal data” refers in particular, but not exclusively, to:
– Law No. 78-17 of January 6, 1978 on Information Technology, Data Files and Civil Liberties
– European Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data” (hereinafter “GDPR”).
“Health data” refers to any Personal data of the User from which information about their health status can be inferred.
2. Access
To access and use this Site, you must be 15 years of age or older.
You can access the Site freely and free of charge, without registration or prior account creation.
Access to the Site and/or certain sections of it may require the use of a username and password. In such cases, it is your responsibility to take the necessary measures to keep these credentials confidential.
In the event of forgetting, losing, or having your password stolen, or if you become aware of its use by an unauthorized third party, you may reset it by clicking the “forgot password” button. You will then receive a password reset link. If you encounter any other difficulties, you are invited to contact us without delay at the following address: support@botdesign.net
Our Solution is optimized for use with Chrome and Microsoft Edge browsers (minimum version higher than 79) to ensure the highest level of health data security for Users. In such cases, our liability cannot be engaged.
However, the costs of accessing and using the telecommunications network remain your responsibility.
3. Our services
MAX Educ’ is a multi-device platform for remote therapeutic education, secured for health data.
Its purpose is to support patients in acquiring skills and knowledge related to their condition. To achieve this, they have access to a modular platform with interactive and engaging content that facilitates learning.
MAX Educ’ also supports healthcare professionals in implementing a digital therapeutic care pathway, whether remote or not. They have the ability to manage the entire care process with content tailored to each patient profile.
MAX Educ’ also enables the establishment of preliminary therapeutic assessments, as well as reports and statistics compliant with the criteria of the ARS (Regional Health Agency).
4. Intellectual property
MAX Educ’ and all the elements that make it up (such as brands, images, logos, texts, graphic interface, general structure, content, etc.) are protected under intellectual property law. Specifically, all these elements are the exclusive property of BOTdesign, which is the owner.
The development of this Site has involved significant investment and joint work by our team. For this reason, we offer you the possibility of consulting MAX Educ’ for your strictly personal and private use.
Any use, reproduction or representation of MAX (in whole or in part), on any medium whatsoever, for any other purpose, and in particular for commercial purposes, is prohibited without the prior written consent of BOTDESIGN, and will constitute an infringement of copyright, punishable under articles L. 335-2 et seq. of the French Intellectual Property Code.
No stipulation of these Terms of Use may be interpreted as a transfer of intellectual property rights, whether tacit or otherwise.
5. Responsability
a) Our responsibility
We strive to keep the site accessible at all times. However, we cannot guarantee its constant availability and accessibility.
Indeed, we may be required to temporarily suspend or interrupt access to all or part of MAX Educ’, particularly for technical maintenance reasons or for circumstances beyond our control, without such interruption or suspension entitling you to any compensation.
Please also note that the Internet network and computer and telecommunications systems are not error-free and that interruptions and failures may occur. We offer no guarantees in this regard and therefore cannot be held liable for any indirect damages (i.e., damages not exclusively and directly resulting from a failure in one of the Site’s components), which could be caused by:
– poor transmission and/or reception of any data and/or information over the Internet;
– external intrusions or the presence of computer viruses;
– failure of any receiving equipment or communication lines;
– any other disruption of the Internet network preventing the proper functioning of the Site;
– and force majeure as defined by the French Court of Cassation.
b) Your responsibility
We uphold values of tolerance and respect for others. By visiting MAX Educ’, you agree to use the services only for lawful and decent purposes. As such, the Site must not be used to spread racist, violent, xenophobic, malicious, obscene, or unlawful content.
Accordingly, by using this Site, you agree not to:
– share harmful, defamatory, unauthorized, malicious content, or any content that infringes on privacy or image rights, or incites violence or racial or ethnic hatred;
– use the Site for political, propaganda, or proselytizing purposes;
– post advertising or promotional content;
– share information that directly or indirectly identifies a specific individual without their prior explicit consent, such as surnames, mailing addresses, email addresses, or phone numbers;
– post content (including photographs and videos) depicting minors;
– post information or content likely to offend young audiences;
– and engage in illegal activities, particularly those infringing on rights holders of software, trademarks, photos, images, texts, videos, etc.
You also agree not to record, copy, or distribute any content or content excerpts related to the Site, regardless of the method, medium, process, or purpose. Please note that any violation of image rights, privacy, or medical confidentiality may result in legal action, including criminal penalties.
c) Hyperlinks
Hyperlinks placed on the Site may direct you to websites published by third parties over which we have no control.
Therefore, since these hyperlinks are included solely to facilitate your online navigation, visiting third-party websites is your own responsibility and choice.
The same applies to any damage or loss resulting from such browsing.
Any hyperlink pointing to this website is prohibited without the prior written authorization of BOTdesign. This authorization may be withdrawn at any time, and the link may be removed if it violates applicable laws or is inconsistent with these Terms of Use or the company’s policies.
6. Modification
We may make changes to the content and information included on the Site, as well as to these Terms of Use, particularly to comply with any new applicable legislation and/or regulations, and/or to improve the Service, and/or due to any legal or technical developments.
Any modification will be brought to your attention on the Site before it takes effect under these Terms of Use. Unless the modification requires your explicit consent, your continued use of our Site implies that you accept the new Terms of Use.
7. Protection of personal data
MAX Educ’ may collect Personal Data about you, particularly when you register, enter your personal information, or authenticate yourself.
MAX Educ’ collects usage data, namely your first name, last name, and email address, which are necessary for creating and managing your account.
MAX Educ’ may also collect Health Data about you, especially when you use the MAX instant messaging service or when you fill in your profile. Health Data is collected based on the therapeutic programs requested and implemented by the client.
MAX Educ’ uses several services, including the Moodle e-learning platform, the BigBlueButton videoconferencing system, and the interactive content tool H5P.
BigBlueButton includes an instant messaging feature. Messages exchanged within this tool are deleted at the end of each videoconference. As such, data from this instant messaging system is not stored.
The medical facility is responsible for removing the patient from the MAX Educ’ platform. In such cases, any data collected by MAX Educ’ is deleted.
Your Personal Data is hosted by OVH (a certified Health Data Host – HDS) on encrypted hard drives.
This host meets HDS requirements and is certified in information security management (ISO/IEC 27001:2013). It also holds the ISO/IEC 27017:2015 certification, which provides a framework for information security controls for cloud services, and complies with ISO/IEC 27018 for the protection of personal data in the cloud, ensuring a high level of confidentiality in line with the GDPR.
Purpose of data processing:
– Patient therapeutic education: all Health Data concerning the patient is necessary to offer personalized and tailored learning modules. This data is hosted on an HDS server, and we do not have access to it, as it is fully confidential. It is only accessible to your medical team and to yourself;
– Provision of various services: including access to personalized services, the secure instant messaging tool, etc.;
– Service improvement: usage data is used to improve the usability of the instant messaging service and learning modules.
Data is stored for 3 years and for the duration of the contract.
In accordance with regulations on the protection of personal data, you have the right to access, delete, rectify, and transfer your personal data. You may exercise these rights at any time by sending us an email at dpo@botdesign.net.
For more information on the processing of your Personal Data, we invite you to consult our Data Protection Policy, which applies to MAX and is available on the website: https://max.botdesign.net/login.
8. Cookies
We take the security and peace of mind of your browsing experience on MAX Educ’ very seriously.
A cookie is a text file placed on a user’s hard drive by a visited website, mobile application, or third-party server. Cookies are used to facilitate navigation and improve site performance by anonymously measuring audience traffic.
MAX Educ’ only uses session cookies in order to improve your user experience. These cookies are deleted when you close your session on MAX Educ’.
Although most browsers accept cookies by default, you can choose to refuse all cookies by changing your browser settings. To learn how to do so, please visit the following page:
www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
9. Disputes and applicable law
The Terms of Use are governed by French law.
Any dispute relating to these Terms of Use, their interpretation or their performance shall be submitted to the exclusive jurisdiction of the French Courts in the event of failure to resolve the dispute amicably.