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.
About the application
Version : 1.3.0
Update date : 8 sept. 2023
Requires Android : Android 13
Downloads : 3500+ downloads
Content classification : General public
Proposed by : Pierre Fabre Eczema Foundation
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.
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.
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.
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. SCORAD tools
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.
Automatic Scoring of Atopic Dermatitis: Designates the automatic algorithm for calculating the eczema severity score.
Refers to the profile created by the User using the name, first name, date of birth, skin type and notification settings.
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.
Refers to the material skills allowing the User to use the Application: a computer, a tablet or a cell phone.
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.
Means the User Patient, the User Healthcare Professional or the Industrialist.
II. Application Aim
The Eczema Care + application was created to provide Users with information on eczema and how it manifests. It is designed to help sufferers of atopic eczema (also known as atopic dermatitis) monitor and manage their condition. This application will provide you with the information you need to better talk about it, track and document each of your flare-ups and better control your atopic eczema.
Atopic eczema, also known as atopic dermatitis, can vary from one day to the next, as it flares up. It is sometimes difficult to know what triggers a flare-up. Communication with your doctor can be improved if you keep track of your atopic eczema and how it impacts you between consultations.
The features of the Eczema Care + app for Atopic Eczema allow you to:
• Calculate and record your eczema severity score using PO-SCORAD or ASCORAD
• Visualize how your eczema changes over time thanks to a curve and an intuitive interface
• Prepare for medical appointments with your GP or specialists using questionnaires (disease history, DLQI, TOPICOP)
• Share your disease history and reason for consultation with your doctor via a secure link
• Track your consultations in the application
• Find advice, tools, videos and a directory of eczema specialists in your area.
This mobile application helps you talk to your doctor about the evolution of your atopic eczema and its impact on your quality of life. This means you can benefit even more from the support and advice provided by your healthcare professionals.
Download Eczema Care + today to better interact with your doctor. This application is not dedicated to reporting adverse reactions, to do so please call:
0 800 222 555 or go to: signalement-sante.gouv.fr .
The Pierre Fabre Eczema Foundation is committed to advancing dermatological research to meet the unmet needs of patients suffering from moderate to severe atopic dermatitis.
III. Data Security
Security starts with understanding how developers collect and share your data. Privacy and protection practices may vary depending on your use, region and age. The developer has provided this information and may modify it at a later date.
In order to access the ECZEMA CARE + Application, the User must first create a Profile, by filling in the form provided for this purpose with the required identification data: last name, first name, date of birth, gender, skin type (Caucasian, Asian or dark skin).
The User is solely responsible for the truthfulness, consistency and completeness of the information provided on his/her Profile. This data is only stored on the User's device.
In order to be able to share their information with a healthcare professional if they so wish, Users can create an account by entering the following personal data in a form:
E-mail address / Last name / First name / Password: this information is mandatory to create an account and is stored on an HDS-certified server.
This application may share these types of data with third parties
App activity, App info and performance and Device or other IDs
When using Artificial Intelligence functionalities, the User's data required to operate the algorithm will be shared with the service provider in charge of these algorithms.
This information is encrypted during transfer and data storage is also encrypted.
Users may delete their Profiles and any data concerning them at any time. In the event that Users send their Score(s) to their doctors or to any third party, their data will not be deleted from the doctor's or third party's Equipment.
IV. TERMS AND CONDITIONS OF USE
The Eczema Care + mobile application (the "Application") is made available by the Pierre Fabre Eczema Foundation ("The Foundation" or "we"), "Pierre Fabre Laboratories Corporate Foundation (dedicated to the fight against eczema)".
This document describes the terms and conditions that apply to your use of the Application ("Terms and Conditions of Use"). Please review these Terms and Conditions of Use carefully before using the Application. By checking "I have read and accepted the Terms and Conditions of Use" when you create an account, or by downloading or using the Application, you confirm (i) that you are at least 16 years old, and (ii) that you have read and accepted these Terms and Conditions of Use. If you do not agree with the provisions of these Terms and Conditions of Use, please do not use the Application and delete it from the (mobile) device on which you downloaded it.
These Terms and Conditions of Use were last updated on March 23, 2021 (production start date to be indicated)
"The Foundation" reserves the right to modify the Terms and Conditions of Use at any time. We will keep you informed of any such changes. You acknowledge and agree that your use of the Application may be subject to your acceptance of a revised version of the Terms and Conditions of Use. If you do not accept the changes of which you are notified, you will not be authorized to use the Application.
4.2. About the Application
The Application has been designed to be used by Eczema sufferers outside of any healthcare institutions. The Application is a tool that allows you to track your symptoms and learn more about the status of your condition, Eczema in general and other relevant health topics.
The Application has been designed and is intended for international use by users aged 16 and over.
The Application has not been developed to meet your personal requirements. Please check that the tools and functions of the Application (as described in the AppStore and Google Play Store) meet your needs.
The Application is provided exclusively for personal and private use. Consequently, you may not allow others to use the Application or make copies of the content of the Application without the prior written consent of "The Foundation". You are, however, authorized to make a limited number of archival copies for the sole purpose of backing up your data.
You can only access the Application's functionalities by entering your own login information. It is forbidden to authorize others to use the Application with your login information.
NEITHER THE APPLICATION NOR THE INFORMATION STORED ON, GENERATED BY OR RECEIVED VIA THE APPLICATION CONSTITUTES IN ANY WAY A SUBSTITUTE FOR THE ADVICE, JUDGMENTS, DIAGNOSES OR MEDICAL TREATMENT PRESCRIBED BY HEALTHCARE PROFESSIONALS. IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR YOUR TREATMENT, PLEASE CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR POSTPONE A CONSULTATION BECAUSE OF INFORMATION YOU HAVE READ OR LEARNED WHILE USING THE APPLICATION.
4.3. Information Provided by the User
The Application may provide features that allow you to create, generate or download information (such as non-clinical data, text and images) in connection with your use of the Application ("Your Information"). You agree that you are solely responsible for all information you provide in connection with your use of the Application. We recommend that you save all Your Information in order to anticipate its retention in the event of difficulties with the Application. "The Foundation" declines all responsibility in the event of loss, theft or damage, of any nature whatsoever, of Your Information.
4.5. Third-Party Links and Services
The Application may contain links to Pierre Fabre SA or its affiliates' websites or web-based resources. You acknowledge that although these websites or web-based resources belong to Pierre Fabre SA or its affiliates, the Terms and Conditions of Use and privacy policies applicable to them may be different. You are responsible for consulting and complying with these conditions and policies.
The Application may also contain links to or provide functionality linking to or enabling interaction with third-party applications, websites or other resources, including third-party social networks ("Third-Party Services"). "The Foundation" does not control Third-Party Services, nor is it responsible for the availability, content or performance of any Third-Party Service. "The Foundation" provides these features to you only as a convenience, and the inclusion of any links or third-party features does not imply endorsement by "The Foundation" of that Third-Party Service, its content, or any products or services available through such Third-Party Services, or any association between "The Foundation" and the operators of such Third-Party Services.
4.6. Application Availability, Updates and Modifications
You acknowledge and agree that:
- it is technically impossible to provide the Application without any defects and "The Foundation" cannot assume responsibility for this; any defects may result in the temporary unavailability of the Application; and the availability and functioning of the Application depend on conditions and services that "The Foundation" does not control, such as, for example, telephone and internet connections.
- "The Foundation" may, from time to time and at its sole discretion, modify or update the Application to improve its performance or functionality, to reflect changes in the operating system, or to address potential security issues.
- the distribution of the Application by "The Foundation" through third-party services, such as the iTunes App Store and the Google Play Store, may require users to periodically download new versions or updates of the Application.
- by choosing to download or use such updates to the Application, you acknowledge that you will be bound by the version of the Terms and Conditions of Use applicable at the time you download and use such updates to the Application. "The Foundation" does not represent or warrant that future updates to the Application will provide the same functionality as provided by the current version of the Application.
- if you choose not to install these updates or if you disable automatic updates, you may not be able to continue using the Application.
"The Foundation” is under no obligation to provide the Application and may change its form or nature. "The Foundation" reserves the right to modify, suspend or terminate your access to the Application for any reason whatsoever without notice and at its sole discretion.
4.7. Intellectual Property
The Application and all associated intellectual property rights, such as royalties, copyrights, patents, trademarks, sui generis rights to databases, designs, logos, expertise and all other intellectual property rights (whether registered or not) contained in this Application are protected by applicable intellectual property laws. All text and designs in the Application have been created with the help of Professor Jean-François Stalder as part of the MADE (Mapping Atopic Dermatitis Expression) project. The designs are the property of "the Foundation". The Application and all associated intellectual property rights are the property of "The Foundation" or its affiliates, or belong to third parties and are used by "The Foundation" under a license granted by their owner.
By these Terms and Conditions of Use, "The Foundation" grants you a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to download, access and use the Application in accordance with the conditions and within the limits described in these Terms and Conditions of Use ("License"). The License is granted for the use of the Application on compatible (mobile) devices owned or controlled by you.
In addition to the License granted to you, and within the limits of applicable law, the Application and the intellectual property rights associated therewith may not be reproduced, used or transferred without the prior written consent of "The Foundation", or, if the rights to the Application are held by third parties, the consent of their respective owners.
Except as provided in Section 2 above, you may not copy, reproduce, modify, translate, adapt, republish, upload, distort, modify, alter, transmit or distribute any element or component of the Application in any manner or medium whatsoever, in whole or in part, without the prior written consent of "The Foundation" or, if the rights to the Application are held by third parties, the consent of their respective owners, and subject to compliance with the intellectual property rights and other proprietary rights that are mentioned. You may not disable any feature that would restrict the use of the Application or decompile, reverse engineer, disassemble or create derivative works from all or any part of the Application. You may not rent, sublet, lease, loan, sell or distribute the Application or any intellectual property rights contained therein without the prior written consent of "The Foundation". You must not remove, alter or obscure any intellectual property notices (including copyright notices) on any authorized copies you make of the Application.
4.8. Limitation of Liability
The Application is made available in accordance with the technical documentation. "The Foundation" will make all reasonable efforts to ensure that the Application functions accordingly, and that all information stored on, generated by or received through the Application is accurate, complete and up-to-date.
Except for direct damages resulting from intentional fault or gross negligence on the part of "The Foundation", "The Foundation" shall not be liable for:
- damages resulting from inappropriate use of the Application;
- damages resulting from fraudulent intrusion by a third party leading to alteration of the information or functions available in the Application;
- damages resulting from the use of the Third-Party Services mentioned in Section 5 above;
- losses or damages that cannot be foreseen. Losses or damages are foreseeable if their occurrence is obvious or if both you and we knew that such losses or damages would occur, at the time of your acceptance of these Terms and Conditions of Use;
- damages to a device or digital content belonging to you which you could have avoided by downloading a free update recommended by us, or which occurred because you did not follow the installation instructions correctly or your system did not meet the minimum requirements prescribed by us;
- losses of profits, businesses, business interruptions or business opportunities if you use the Application for commercial, business or resale purposes as this Application is for home and private use only;
- damages resulting from
- (i) accessing or the inability to access the Application,
- (ii) the use of the Application, including any bugs, viruses or malware that may infect the (mobile) device on which you have downloaded the Application; and/or
- (iii) the credit given to any information provided directly or indirectly by the Application.
Furthermore, it is your responsibility to take precautions to avoid contamination of the Application by, in particular, one or more 'viruses', 'Trojan horses' or any other 'parasites'.
The Application is provided for information purposes only. It does not give you advice you should follow. You should seek professional or specialist advice before taking or refraining from taking any action based on information obtained from the Application.
While we make reasonable efforts to update the information provided by the Application, we make no declarations, warranties or assurances, express or implied, that such information is accurate, complete or current.
4.9. Applicable Law
Application 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 : Docteur Georges FARAH – Doctor Georges FARAH - President of the Pierre Fabre Eczema Foundation
Application data hosting :
2 rue Kellermann - 59100 Roubaix- France
For the mobile application on the Apple Store :
Apple Inc., Infinite Loop, Cupertino, CA 95014
For the Google Play mobile application :
Google LLC 1600 Amphitheatre Parkway Mountain View, CA 94043 États-Unis
Webmaster : email@example.com
Development and integration are carried out by : SAS Henri Trip - https://www.henritrip.fr/ - 756 Chemin de la Crabo – 31870 Lagardelle-sur-Lèze – France
The Application and its content, including these Terms and Conditions of Use, are governed by French law, and any dispute or claim relating thereto shall be subject to the exclusive jurisdiction of the French courts.
The Sections of the present Terms and Conditions of Use must be interpreted separately. In the event that a court or competent authority deems any of them to be illegal, the other Sections shall remain valid and in force.