PREAMBLE
Welcome to the HEKO platform by BOTdesign. HEKO is a medical device for pre-diagnosis, clinical follow-up, and care coordination.
This platform allows for connection between:
HEKO guarantees medical confidentiality regarding the exchange of medical information between a Healthcare Professional and a Patient. HEKO is fully secure and hosted by an HDS-certified provider.
We invite you to carefully read these terms of use, which govern the use of HEKO (hereinafter the “Terms of Use”). By using HEKO, you unreservedly accept these Terms of Use.
Any User who does not agree to all or part of these Terms of Use must refrain from using HEKO and its Services.
For any request related to your use of HEKO, you can contact us via the following email address: support@botdesign.net.
LEGAL NOTICE
Website URL:
Contact: Email: support@botdesign.net
Publication Director: Olivier THUILLART – General Director
Publisher: BOTDESIGN, a simplified joint-stock company with a capital of 247,033.00 euros, headquartered at 3 Rue Bertrand Gril 31400 TOULOUSE, registered with the Toulouse Trade and Companies Register under number 828 737 676. VAT Number: FR26828737676
HDS Hosting Provider: SAS OVH, headquartered at 2 rue Kellermann – BP 80157, 59053 Roubaix Cedex 1. Phone number: 08 203 203 63.
1. Definitions
2. Access
To access and use HEKO, you must be 18 years or older. By exception, patients under 18 can use HEKO to track their clinical status and prepare for medical consultations at the request of their medical team. In such cases, they do so under the responsibility of a parent or legal representative.
Access to HEKO requires the use of a login identifier consisting of an email address and a password. It is your responsibility to take measures to ensure the confidentiality of these Identifiers (see 5. Responsibility, d) Patient login and enrollment).
In case of forgetting, loss, or theft of your password, or if you become aware of unauthorized use of your password by a third party, you can reset it by clicking on the “forgot password” button. You will then receive a password reset link. If you encounter further difficulties, please contact us without delay at the following address: support@botdesign.net.
In such cases, we cannot be held liable.
Our Solution is optimized for use via Chrome and Microsoft Edge browsers (minimum version above 82) to ensure the highest level of Health Data security for Users.
The Solution allows access via the “HEKO” mobile application and a fully responsive web version (computer, tablet, mobile) accessible anytime and anywhere. To access HEKO and benefit from quality services, you must have at least:
The costs of access and network usage remain the responsibility of the healthcare institution subscribed to HEKO and/or the patient user when at home.
Regarding the use of HEKO, you have two options:
3. Scope
These General Terms of Use (hereinafter referred to as “GTU”) govern the contractual relationship between BOTdesign and any user of the site accessible via the following URL: .
The HEKO GTU are the only applicable ones.
By using the site, any user acknowledges accepting the GTU without reservation.
4. Intellectual Property
The development of HEKO required significant investments. HEKO and all its components (such as trademarks, images, logos, texts, graphical interface, general structure, content, etc.) are protected under intellectual property law, particularly copyright law. Specifically, all these elements are the exclusive property of BOTDESIGN.
Any use, reproduction, or representation of HEKO (in whole or part) on any medium, for any purpose, especially commercial, is prohibited without the prior written consent of BOTDESIGN and will constitute copyright infringement punishable under Articles L. 335-2 and following of the Intellectual Property Code.
None of the provisions of these Terms of Use can be interpreted as a transfer of intellectual property rights, whether implicitly or otherwise.
5. Responsibilities
1. Our Responsibility
We strive to ensure that the solution is accessible at all times, subject to the temporary suspension or interruption of partial or total access to HEKO, particularly for technical maintenance reasons or for reasons beyond our control. In such cases, this interruption or suspension does not entitle you to any compensation or reimbursement.
It is also specified that the Internet network and computer and telecommunication systems are not free from errors, and interruptions and failures may occur. We cannot provide any guarantee in this regard and therefore cannot be held responsible for any indirect damages (damages not directly resulting from the failure of the various services offered by HEKO) that may be caused by:
Poor transmission and/or reception of data and/or information over the Internet;
External intrusion or presence of computer viruses;
Failure of any reception hardware or communication lines;
Any other disruption of the Internet network preventing the proper functioning of HEKO;
A force majeure event, as defined by the French Court of Cassation.
2. Your Responsibility
By using HEKO, you declare that you have full legal capacity to use HEKO and agree to use the services for lawful purposes only, in accordance with good morals.
You agree to use HEKO in accordance with these Terms and Conditions.
You agree to use HEKO in a manner that ensures the confidentiality and proper conduct of your exchanges.
You also agree not to record, copy, or disseminate any content or content excerpts related to the Solution, regardless of the method, medium, procedure, or purpose. We inform you that any infringement of image rights, respect for privacy, and medical confidentiality may lead to sanctions, including criminal ones.
Your navigation on HEKO must be secure. We reserve the right to take legal action if damage is caused to HEKO through your navigation (if damage to HEKO is due to your responsibility).
You agree to use HEKO under conditions that do not put you in danger.
3. Hyperlinks
The hyperlinks placed on the HEKO website may direct you to third-party websites whose content we do not control.
As such, and as the hyperlinks are included on the website solely to facilitate your internet navigation, visiting third-party websites will be at your sole discretion and responsibility.
The same applies to any damage or harm arising from this navigation.
Any hyperlink pointing to this site is prohibited without the prior written authorization of BOTdesign. This authorization can be revoked at any time, and the link may be removed if it does not comply with applicable laws or is not in line with these Terms and Conditions and other company policies.
4. Patient Enrollment and Connection
The patient can be enrolled in HEKO in several ways:
The healthcare professional must create a “new patient” by adding the patient’s email address, first name, and last name. An “enrollment” email will then be sent to the patient, who can then create their account, set a password, and fill in their personal information.
By the institution, where HEKO creates the healthcare professional’s account, and the professional will enroll their patient(s) through the “Patients” section. Specifically, the healthcare professional must create a “new patient” by adding the patient’s email address, first name, and last name. An “enrollment” email will then be sent to the patient, who can then create their account, set a password, and fill in their personal information.
HEKO is generally provided free of charge to patients by the healthcare institution and/or the healthcare professional who is following them. They are the funders of HEKO (clients of BOTDESIGN).
6. HEKO Features
1. Our Health Chatbots
a) General Provisions
A chatbot, or conversational robot, is a virtual assistant capable of interacting with a user. Our chatbots allow for the completion of health questionnaires in an engaging way.
Our conversational robots, such as HEKO Anesthesia, are expert system algorithms. They are non-learning and reproducible algorithms, meaning they only offer responses for which they have been programmed, under the supervision of an expert in the relevant medical field, in an invariable manner. As a result, the algorithm cannot deviate or provide unexpected answers.
Each conversational robot is tested through repeated scenarios to ensure that a consistent user response will result in the same algorithm reaction. They are therefore 100% reliable.
The algorithms for these chatbots are co-developed and validated by expert medical teams in the relevant pathology. These chatbots provide patients with information about their condition, answer questions about their clinical status to enable the care team to provide tailored care and/or prepare for a medical consultation. Some of them allow patients to ask questions to their care team.
Our chatbots are included in medical and/or medico-social care processes, which are established and require the handling of information (provided by the patients) by a healthcare professional, implemented by the healthcare institution or by the private healthcare professional offering the chatbot to their patient.
The content of the chatbots is based on up-to-date scientific recommendations.
In the case of HEKO Anesthesia, it is based on recommendations from the French Society of Anesthesia and Resuscitation.
Annually, a scientific review of the content of each chatbot is conducted to ensure it remains up-to-date. This review is documented and may lead to changes in the chatbot’s content if necessary.
HEKO, and particularly its chatbot service, does not handle medical emergencies, which require the patient to contact the relevant services.
b) Specific Provisions
As such, HEKO, and particularly its chatbot service, does not allow the patient to establish a diagnosis or choose their own treatment methods. The patient should never start treatment on their own or alter or discontinue treatment without first consulting a healthcare professional.
In case of doubt about the course of action, the patient should contact the care team that offered the chatbot.
2. Our Secure Instant Messaging
The secure instant messaging service is provided to you exclusively to simplify access to information and facilitate your exchanges securely.
The secure instant messaging service allows for the following actions:
– Sending messages containing information useful for the medical, social, or medico-social care of a patient to a group or another team member, depending on the authorizations;
– Sending files such as PDFs, photos, videos, prescriptions, radiology images, etc., up to 3GB, to a group or another team member, depending on the authorizations;
– Viewing a received message;
– Viewing and modifying conversation settings (e.g., renaming, adding a member, or leaving the group);
– Visual connection between healthcare providers and patients, such as teleconsultations (see Specific Conditions of Use);
– The ability to download the conversation in PDF format.
3. Our Dashboards
The dashboards allow healthcare professionals to manage their active patient list included in HEKO. They display the patients in a way that helps healthcare professionals make medical decisions based on their responses to the questionnaires.
7. Modifications
We may need to modify the content and information included in HEKO, as well as these Terms of Use, particularly to comply with new legislation and/or regulations, and/or to improve the service and/or address any legal or technical developments.
Any modifications will be communicated to you on the Site before taking effect under these Terms of Use. Unless the modification requires your express consent, continuing to use HEKO implies acceptance of the new Terms of Use.
8. Protection of Personal Data Collected by HEKO
a) General Provisions
HEKO may collect personal data about you, particularly when you (i) sign up for HEKO, (ii) fill out your personal information, (iii) authenticate.
HEKO may also collect health data about you, particularly when you (iv) interact with a chatbot, (v) use the secure messaging service.
HEKO is committed to complying with the provisions of the law of June 20, 2018, on the protection of personal data, which modified the “Informatique et Libertés” law to align with the General Data Protection Regulation (GDPR), applicable across Europe since May 25, 2018.
b) Specific Provisions
The personal data collected relates to research within the context of routine care, with patient consent.
Your personal data is hosted by OVH, which is a Health Data Hosting provider (HDS), for the following purposes:
– Clinical monitoring: all health data concerning you is used for necessary medical monitoring to ensure complete and appropriate care. It is only accessible to your medical team. Additionally, it may be used for research or clinical studies within the framework of the Public Health Code;
– Providing the various services: access to specialized chatbots, secure instant messaging, and the dashboard;
– Improving the service: usage data to improve the ergonomics of the instant messaging, chatbots, and dashboard.
Your data is stored for the duration of the client contract (health and medico-social institutions, patient associations, etc.). A reversibility clause ensures that at the end of the contract, data is returned to the health institution that holds the contract in an appropriate format.
The health and medico-social institutions that are our clients are the data controllers.
BOTDESIGN is the data processor, and OVH is the secondary processor.
In accordance with data protection regulations, you have the right to information, access, deletion, correction, opposition, and data portability regarding your personal data.
You also have the right to file a complaint with the National Commission on Informatics and Liberty (CNIL).
You can 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 Privacy Policy, which applies to HEKO and is available here.
9. Confidentiality and Medical Secrecy
Teleconsultations, messages, and files (texts, videos, or photos) exchanged via secure instant messaging generally contain health data. This health data is covered by medical secrecy and is therefore confidential under Article L1110-4 of the French Public Health Code (CSP).
This health data is stored by BOTdesign to ensure proper operation and security of the Service, under the confidentiality and security conditions established by the French Data Protection Authority (CNIL).
10. Intellectual Property
The Site and all the elements it contains (including but not limited to texts, software, images, videos, sounds, trademarks, logos, icons, etc.) are the exclusive property of BOTdesign, and the use of these elements is prohibited unless specifically authorized.