Legal notice Eczema Care +

Legal notice Eczema Care +

Legal notice Eczema Care +

Legal notice of the Eczema Care + mobile application

This mobile application is funded by the Pierre Fabre Eczema Foundation, which is a Pierre Fabre Laboratories Corporate Foundation dedicated to the fight against eczema.

Editor 

Pierre Fabre Eczema Foundation - Pierre Fabre Laboratories Corporate Foundation dedicated to the fight against eczema 

3, avenue Hubert Curien, 31100 TOULOUSE, FRANCE

SIRET : 525 287 009 00019
 

Director of publication 

Doctor Georges FARAH - President of the Pierre Fabre Eczema Foundation

 

Webmaster

fondationeczema@pierre-fabre.com

 

Host 

OVH SAS with a capital of 10 174 560 € RCS Lille Metropole 424 761 419 00045 - Head office : 2 rue Kellermann - 59100 Roubaix - France 

For the mobile application on the Apple Store
Apple Inc., Infinite Loop, Cupertino, CA 95014

For the mobile application on Google Play
Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043 États-Unis

 

Development & integration

SAS Henri Trip - https://www.henritrip.fr/ - 756 Chemin de la Crabo - 31870 Lagardelle-sur-Lèze - France

 

I. DEFINITIONS

Terms beginning with a capital letter, invariably, whether singular or plural, have the meaning given below :

 

1.1. ECZEMA CARE + Application

Refers to the ECZEMA CARE + Application published by the Pierre Fabre Eczema Foundation, a digital version of the SCORAD Tool which is intended for Patient Users to enable them to assess and monitor the evolution of their pathology themselves, for Professional Users and for Manufacturers.

 

1.2. ECZEMA CARE Application

Refers to the ECZEMA CARE + Application published by the Pierre Fabre Eczema Foundation, a digital version of the SCORAD Tool intended for Healthcare Professionals Users and Manufacturers.

 

1.3. Application

Refers to the ECZEMA CARE + Application. The ECZEMA CARE + Application has been designed and developed by the Pierre Fabre Eczema Foundation on the basis of the SCORAD Tool, with the assistance of Professor Jean-François STALDER. 

 

1.4.  Scores 

Refers to the eczema symptom ratings entered by the User in the Application for the evaluation of the SCORAD/PO-SCORAD Index on the basis of the following criteria: extent of eczema, intensity of eczema, importance of pruritus and sleep disorders, to which a weighting coefficient is assigned. 

 

1.5. ToU

Refers to these Terms and Conditions of Use.

 

1.6. SCORAD/PO-SCORAD Index 

Refers to the score provided by the ECZEMA CARE + Application on the basis of the Scores provided by the Users.

 

1.7. Indications

Refers to the Ratings and the data composing the Profile (name, first name, date of birth, skin type and notification settings). 

 

1.8. Profile

Refers to the profile created by the User using the name, first name, date of birth, skin type and notification settings. 

 

1.9. SCORAD Tool

Means the Eczema Symptom Scoring Tool that produces the SCORAD Index or the PO-SCORAD Index developed and validated in 1990 by a panel of experts, the European Task Force Of Atopic Dermatitis. 

 

1.10. Element

Refers to all elements appearing on the Application (including in particular texts, data, databases, graphics, logos, brands, names, animations, images, videos, sounds, software and any other element), which are the exclusive property of the Pierre Fabre Eczema Foundation or of third parties who have granted it a license, and which are subject to French and international legislation on copyright and, more broadly, on intellectual property. 

 

1.11. Equipment 

Refers to the material skills allowing the User to use the Application: a computer, a tablet or a cell phone.

 

1.12. Industrial 

Means any company using the SCORAD Tool and/or the ECZEMA CARE + Application for any purpose. 

 

1.13. Patient User

Means a natural person or a legal representative when the Patient User is a minor and does not use the SCORAD Tool himself, residing on the French territory, using the ECZEMA CARE + Application for his own account or for the account of a minor, for strictly personal and non-commercial purposes. 

 

1.14. Healthcare Professional User

Means a healthcare professional practicing his activity. 

 

1.15. User

Means the User Patient, the User Healthcare Professional or the Industrialist.

 

II. PURPOSE OF THE ToU

The purpose of the Term of Use (ToU) is to define the conditions of use of the Application and the services provided by the Application, which belong exclusively to the Pierre Fabre Eczema Foundation, and which Users accept by the mere fact of consulting them. If they do not, the Pierre Fabre Eczema Foundation asks Users to leave the Application. 

In order to use the Application, Users must, when creating their Profiles, read and accept without reservation all of the ToU. The fact that the User clicks on the "I accept" button provided for this purpose, confirms his acceptance of the ToU. If the User refuses to accept the ToU, he/she will not be able to use the Application. 

The ToU are available at any time at the following address : https://www.pierrefabreeczemafoundation.org/legal-notice-eczema-care

The use and consultation of the Application is limited to personal and non-commercial purposes. In general, the User is prohibited from using all or part of the Application for illicit purposes (copyright) or contrary to the ToU.

The ToU are opposable to any User who connects to the Application.

 

III. PURPOSE OF THE APPLICATION

The Application has been created to provide Users with information about eczema and its manifestations. The purpose of the Application is to quickly and regularly evaluate the state of the pathology by establishing an evolutionary curve of one's eczema, obtained from the Scores.

All the texts and drawings of the Application are elaborated with the help of Professor Jean-François STALDER within the framework of the MADE project (Mapping Atopic Dermatitis Expression). The drawings are the property of the Pierre Fabre Eczema Foundation.

(Hereinafter the "Information" »).

Users undertake to use the Application in accordance with the purposes described in the ToU, not to divert the purposes of the Application and not to attempt to divert Users to another service.

The Application shall not constitute a contractual offer.

The ECZEMA CARE + Application or the SCORAD/PO-SCORAD Index does not provide any medical advice, is not an aid to diagnosis of eczema and is not a substitute for a medical consultation, which is the only way to establish a diagnosis and to set up a care protocol adapted to each individual case.. The SCORAD/PO-SCORAD Index is calculated on the basis of self-assessment scores. Therefore, the PO-SCORAD Index is a self-measurement score that provides an overall assessment of the severity of the eczema.

The Information on the Application should not be used to provide medical advice and should not be used as a substitute for consultation with a healthcare professional. The Information provided on the Application is intended to enhance, not replace, the existing relationship between a patient and his/her physician.

Similarly, this Information should not be construed as a recommendation for the use of products without the advice of a physician.

As the Application is updated with respect to all activities, it may happen that some new Information or announcements are no longer valid at the time they are published or that they are simply outdated. The Atopic Dermatitis Foundation cannot guarantee, although it makes every effort to do so, that all the Information published on the Application is up to date.

Furthermore, the Application does not constitute a contractual offer and does not contain any form of advertising. The Application is entirely funded by the Pierre Fabre Eczema Foundation.

 

IV. Information contained on the application

The Information is made available to Users within the Application. This availability does not entail the transfer of any property right attached to the Information. Users are only granted, free of charge, a personal right to use the Application and the Information, which is non-exclusive, revocable, non-assignable and non-transferable, for the entire world and for the legal duration of intellectual property rights, solely for their own needs within the framework of the use of the Application, to the exclusion of any other purpose.

It is forbidden for Users to access and/or use the source codes of the Application.

The Information is provided for information purposes only and is not contractual.

The Pierre Fabre Eczema Foundation does not guarantee the accuracy or completeness of the Information contained in the Application. The Pierre Fabre Eczema Foundation will make the corresponding corrections. Moreover, the Information disseminated may have been updated between the time when Users viewed it and the time when Users become aware of it. The Pierre Fabre Eczema Foundation does not guarantee in any way that this Information is accurate, complete and up-to-date.

The Pierre Fabre Eczema Foundation shall not be held liable for the consequences, direct or indirect, and/or for any damage that may be caused as a result of defective or pirated Information. Furthermore, the Pierre Fabre Eczema Foundation does not assume an obligation of result, but rather an obligation of means with regard to the Information provided to Users.

Finally, the Pierre Fabre Eczema Foundation does not give any explicit or implicit guarantee, and does not assume any responsibility for the use of this Information. This information is provided for information purposes only.

For any additional information and/or questions, Users may write to the following address : poscorad@gmail.com

 

V. METHODS OF ACCESS TO THE APPLICATION

1.1. The Application is a free mobile application, accessible by download from : Apple Store, Google Play, intended for use on compatible iOS or Android mobile devices. and/or a PC and Mac version available on scorad.org and poscorad.com  

To download the Application, the User must have Equipment and appropriate broadband Internet access, a telephone subscription allowing Internet access from a tablet or cell phone compatible with the Application such as: smartphone (IOS, Android), wap, wifi and/or 3G / 4 G connection.

The Application works without an internet connection, except for the functionality of sending emails by the User and receiving Action Plans from the doctor.

When using the Application, the User shall refrain from hindering or disrupting the proper functioning of the Application, the servers or networks connected to the Application and/or modifying, adapting or hacking the Application and/or modifying a third-party application or site in such a way as to cause confusion as to its link with the Application.

The User is aware of the constraints and limits of the Internet and telecommunication networks and therefore undertakes to :

  • - protect his Equipment against any form of virus, attempted intrusion, unauthorized access and/or use by third parties ;
  • ensure the conditions of installation, operation and maintenance of his Equipment necessary for the proper functioning of the Application.

 

1.2. In order to access the ECZEMA CARE + Application and use the SCORAD Tool, the User must first create a Profile : 

  • by filling in via the form provided for this purpose, the requested identification data: surname, first name, date of birth, skin type (Caucasian, Asian or dark skin). 
  • By evaluating all the signs (surface affected by eczema) and subjective symptoms requested (intensity). 

The User is solely responsible for the truthfulness, consistency and completeness of the information provided on his/her Profile. 

The SCORAD or PO-SCORAD Index can then be saved by the User on his Profile and can be transmitted by email or exported. 

  

1.3. Only Users of the Application may access the Profile.

The User may delete his Profile and any data concerning him at any time. It is specified that if the User sends his Quotation(s) to his doctor or to any third party, his data will not be deleted from the doctor's or third party's Equipment. 

 

1.4. By using the Application, Users are prohibited from:

  • Use the Application to engage in politics, propaganda or proselytizing; 
  • Publish advertising or promotional content; 
  • Diverting the Application from its purpose; 
  • Disseminate information or content likely to offend the sensibilities of young people; 
  • Carry out illegal activities, in particular those that infringe on the rights of owners of software, brands, photographs, images, texts, videos, etc; 
  • To advertise or incite other Users to use any other service, competitor or not; 
  • To undermine, in any way whatsoever, the functioning of the Application; 
  • To violate the laws on intellectual property; 
  • Violate applicable laws and regulations.

In addition, Users agree not to use the Information and the Application to attract customers, to promote a product, a service, a health institution, a company or any other organization or, in general, for any advertising or promotional purpose. 

 

1.5. When using the ECZEMA CARE + Application, the Healthcare Professional User must comply with the professional and ethical rules of his or her profession that are applicable to him or her. 

The Pierre Fabre Eczema Foundation recommends the Healthcare Professional User to indicate in the patient's medical file the use of the PO-SCORAD Application. The Healthcare Professional User is responsible for all the Ratings he/she enters in the ECZEMA CARE + Application and the Profiles he/she creates. The Healthcare Professional User acknowledges that he/she alone makes decisions concerning the health of his/her patients. Therefore, the Pierre Fabre Eczema Foundation shall not be held responsible for the medical advice given by the Healthcare Professional User concerning cases of eczema or any other case. 

In cases where, the Healthcare Professional User enters personal data into the ECZEMA CARE + Application, he/she will be personally responsible for the formalities to be carried out in accordance with Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). In general, the Healthcare Professional User will comply with the laws and regulations in force concerning the processing, and more particularly the hosting of health data. 

Where applicable, the Healthcare Professional User must take all useful precautions in terms of security and confidentiality if he wishes to transmit the Indications, as this results from his professional obligations, including for clinical studies. 

 

1.6. In order to carry out clinical studies, the Healthcare Professional User or the Industrialist must (i) complete the corresponding declaration form, by sending his request to the following address: poscorad@gmail.com and, (ii) adhere to the "Charter for the use of the SCORAD Tool" in the context of clinical studies" which defines the rules to be respected and, (iii) comply with them. Whatever the clinical study implemented, the Healthcare Professional User or the Industrialist must comply with the legal obligations applicable to the protection of personal data.

 

VI. WARRANTY AND LIABILITY 

A. RESPONSIBILITY

The use of the Application is under the sole and entire responsibility of the User. Users undertake to use the Application in accordance with its intended purpose. 

The Pierre Fabre Eczema Foundation guarantees that the content of the Application complies with the French legal provisions in force and with the industry standards applicable to websites. 

The Pierre Fabre Eczema Foundation guarantees the peaceful enjoyment of the Application to Users and in particular guarantees that the Application does not infringe any intellectual property right held by a third party and that it is original. 

Users undertake not to voluntarily or even involuntarily introduce viruses, bugs or files of any nature whatsoever that would disrupt the operation of the Application, in which case they alone would be entirely responsible. 

In the spirit of respect for all, the Pierre Fabre Eczema Foundation may take legal action against indelicate Users. 

The User declares and guarantees that he/she is fully aware of the characteristics and constraints of the Internet, and in particular that data and information transmissions on the Internet are only relatively reliable technically, as they circulate on heterogeneous networks with diverse characteristics and technical capacities, which disrupt access or make it impossible at certain times. 

The Pierre Fabre Eczema Foundation shall not be held liable for any damage arising from the connection to the Application or the use of the Application by a User. 

Clinical study framework: the Pierre Fabre Eczema Foundation assumes no responsibility for any damage that Users may suffer as a result of using the Application. 

The Pierre Fabre Eczema Foundation shall not be held liable for any errors, omissions, viruses or results that may be obtained through misuse of the Information and services contained on the Application. The Pierre Fabre Eczema Foundation is only bound by a simple obligation of means. 

The Pierre Fabre Eczema Foundation, the directors or employees of PIERRE FABRE cannot be held responsible: 

            - For any damage whatsoever arising from connection, access or use of the Application ; 

            - Damage resulting directly or indirectly from consulting the Application or using the information available on it; 

            - Direct or indirect damage resulting from the use of the Application, and in particular any operating, financial or commercial loss or loss of the Application or of data in any information system, even if the Pierre Fabre Eczema Foundation was aware of the possibility of such damage. 

Under no circumstances shall the Pierre Fabre Eczema Foundation be held liable for any loss of Information or any deterioration related to such Information.  

 

B. MODIFICATIONS OR TERMINATION OF THE APPLICATION 

The Pierre Fabre Eczema Foundation endeavours to keep the Application accessible 7 days a week and 24 hours a day, but is under no obligation to do so. The Pierre Fabre Eczema Foundation may therefore interrupt access to it, in particular for maintenance and upgrading purposes. 

The Pierre Fabre Eczema Foundation reserves the right to modify or delete the Application without prior notice and without being held liable. The deletion or modification of the Application shall in no way justify any particular consideration for Users, nor the allocation of damages. 
 

 

VII. PERSONAL DATA

Please refer to the privacy policy of the ECZEMA CARE + mobile application : https://www.pierrefabreeczemafoundation.org/en/privacy-policy-eczema-care

 

VIII. NOTIFICATION

The User accepts (if consent is given at the time of the creation of the Profile) to receive from the Application, automatically and weekly or bi-weekly, one or two alerts reminding him/her to realize his/her SCORAD/PO-SCORAD Index.

It being specified that, the User may at any time withdraw his consent in the settings of his Profile.

 

VIIII. INTELLECTUAL PROPERTY

Unless otherwise stipulated herein, all Elements appearing on the Application are the exclusive property of the Pierre Fabre Eczema Foundation and/or third parties who have granted it a license and are subject to French and international legislation on copyright and, more broadly, on intellectual property.

These Elements are protected by copyrights, trademarks, database rights, trade secrets and/or any other intellectual property rights.

All rights of reproduction, representation and public communication are reserved, including visual representations, photographs, iconographies or other. The reproduction of all or part of the Application on any electronic medium whatsoever is strictly prohibited without the express authorization of the director of the publication.

The User does not acquire any intellectual property rights on the Application other than those granted herein. Users are therefore prohibited from copying, reproducing, representing, adapting and/or exploiting one or more elements of the Application, in whole or in part, by any means and on any medium, existing or future, from translating the Elements into any other language or language, from adapting the Elements.

The User expressly undertakes to ensure that Use of the Application does not under any circumstances infringe the rights of the Pierre Fabre Eczema Foundation, and in particular that such Use does not constitute an act of infringement, unfair competition or parasitism.

The trademarks, and in particular the SCORAD®, PO-SCORAD® and ECZEMA CARE+® trademarks and logos used on the Application have been registered, their reproduction would constitute an infringement. 

All rights of use are reserved. In accordance with article L.122-4 of the Intellectual Property Code, any representation or reproduction not expressly authorized, in whole or in part and by any means whatsoever, is illegal and constitutes an infringement punishable by articles L. 335-2 et seq. of the Intellectual Property Code. 

The Pierre Fabre Eczema Foundation grants the User a free, non-exclusive, non-transferable, personal license, limited to his/her private use, to access, use and display the Application and its Elements. 

This right is granted for exclusively personal, private and non-commercial use, and subject to retaining all mentions relating to reproduction and intellectual property rights. In this respect, the User is prohibited from copying and/or reproducing all or part of the Elements by any means and on any medium, existing or future, from translating the Elements into any other language or language and from adapting the Elements. 

Any other use of the Elements is strictly prohibited and constitutes a violation of the provisions of the Intellectual Property Code. 

The User is not allowed to sell, rent, lease, market, transfer, assign, or otherwise sublicense, modify, adapt the Application, merge it in whole or in part into other software, translate it, decompile it, disassemble it, or create any software, any functions derived from the Application without the express written permission of the Director of the Publication.   

No copy of the Application is possible without the authorization of the Director of the publication. Failure to comply with these rules will be considered a violation of copyright. 


X. NON-WAIVER AND PARTIAL NULLITY

In the event that one of the provisions of the ToU is null and void due to a change in legislation, regulations or a court decision, this shall not affect the validity of and compliance with the other provisions of the ToU. 

The fact that one of the Parties does not avail itself of any of the provisions of the ToU shall not constitute a waiver of its right to avail itself of this same provision at a later date. 

 

XI. MISCELLANEOUS PROVISIONS

If any provision of the ToU becomes invalid or if there is a gap in the ToU, the provision in question will be replaced by the provision that comes closest to it in terms of legal interpretation. 

Users declare and acknowledge that they have read the ToU and that the use of the Application constitutes full and unconditional acceptance of all the ToU by the Users. 

 

XII. MODIFICATION OF THE ToU

The ToU may be modified at any time by the Pierre Fabre Eczema Foundation. Any use of the Application after notification of a change shall constitute acceptance of the ToU. The ToU applicable shall then be those in force on the Application at the date of use. In case of disagreement with the modifications of the ToU, the User agrees not to access the Application. In case of translation of the ToU, only the French version is valid and applicable.  

 

XIII. COMPLAINTS

Any complaint relating to the use of the Application should be addressed to the Pierre Fabre Eczema Foundation at the following address : 

Pierre Fabre Eczema Foundation - Hôtel Dieu Saint Jacques

2, rue de la Viguerie – 31025 Toulouse (France)

Or to the following contact email address : fondationeczema@pierre-fabre.com

 

XIV. APPLICABLE LAW and JURISDICTIONAL COURTS

The ToU are subject to French law. 

Any dispute arising in connection with these ToU shall be submitted to mediation, prior to any judicial or arbitral action. 

If mediation fails, the dispute will be brought before the competent court in the jurisdiction of the Court of Appeal of Paris. 
 

 

Last modification : 05/09/2022 

Privacy policy Eczema Care +