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Mandatory!

Conditions

Updated on 02/12/2024
Article 1. DEFINITIONS
Platform: The site accessible from the link https/orthospirits and its subsites published by Orthospirits on which Users can register and access the Services.
Orthosafe: The company ORTHOSPIRITS, simplified joint stock company, with share capital of €10,000.00, whose head office is located at 101 nav henri martin, 75000 PARIS, registered in the PARIS Trade and Companies Register under number 913 654972 represented by M luc ARZEL acting and having the necessary powers as president.
Service(s): The service(s) provided by Orthospirits on the Platform allowing the connection of dental surgeons or stomatologists with orthodontists to obtain their opinion on a clinical case encountered and to exchange information for this purpose.
User(s): Professionals registered on the Platform. The Platform is reserved for professionals practicing the profession of dental surgeons or doctors registered with the territorially competent Order.
Partner(s): The orthodontists who are partners of Orthospirits with whom Users are put in contact on the Platform to obtain their opinion on a clinical case.
CGUA: These general conditions of use of the Platform and subscription to the Services, which are intended to govern the provision of Service subscriptions to Users of the Platform.
Article 2. REGISTRATION CONDITIONS
Creation of an account. Access to the Platform is reserved for professionals (dentists, dental assistants, etc.). To register on the Platform and access all the features of the Platform according to the subscription purchased, the User must register and create an account by providing the following information:
– Last name
– First name
– Establishment (firm)
– Professional address (address, postal code, city)
– Email address
– Telephone number
– Registration number with the territorially competent Order of Dental Surgeons or Physicians.
Validation of registration. By validating their registration request on the Platform, the User declares to have read and accepted the General Terms and Conditions without reservation. Validation of registration is firm and final under the following conditions. The User’s account is automatically created based on the information provided at the time of registration on the Platform.
First Case offered. Orthospirits reserves the possibility of offering the new user a first case, limited to clinical analysis and therapeutic recommendation. Unless otherwise stated on the Platform at the time of subscribing to the Services, this first case is offered to any new user. It is strictly prohibited to make several registrations to benefit from this free case several times and Orthospirits reserves the right to refuse to any User the benefit of this offer when it has already been used and to suspend the access rights of this User to the Platform for violation of the CGUA.
Subscription duration. The subscription is taken out for a fixed and firm period of one (1) year from payment, unless otherwise stated on the Platform or in the personalized quote accepted by the User. Unless termination is requested at least fifteen (15) calendar days before the end of the annual subscription, this subscription then continues for a period of one (1) month at the rates in effect on the Platform and may be terminated at any time. Termination can be done from the User’s account settings.
Change of subscription plan. The User can choose a superior plan if their needs increase. In the event of a change of subscription plan, the User commits to one (1) full year of commitment regardless of the date of their change of plan. The amount withdrawn will be automatically adjusted according to the rates in effect on the day the change of plan is validated. The change of plan is applicable from the following month and any month started is due according to the current rates of the current plan, including in the event of a modification of the subscription during the month. Unless expressly agreed in advance by Orthospirits, it is not possible to choose a lower formula from the Platform.
Confirmation. The User verifies the information provided in the registration forms before confirming this registration. He can go back to correct them. The online provision of the information necessary for registration and subscription to a subscription plan, in particular the User’s bank details and the final validation of the subscription will constitute (i) proof of the User’s agreement (ii) payment of sums due for the order placed on the Platform and (iii) signature and express acceptance of all operations carried out when ordering on the Platform (checkbox, uncheck, validation click, etc.). ). The User receives a confirmation email and summary of their registration as soon as the payment is actually validated by Orthospirits or its payment service provider.
Evidence. Computerized records, kept in the systems of Orthospirits and its IT service providers under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 3. PRICING CONDITIONS
Pricing conditions. Access to the Platform is provided at the rates in effect on the Platform at the time the User subscribes to their subscription, or according to the rates indicated in the quote accepted by the User. The prices of the different subscription plans may vary on the Platform and are provided for information purposes in the CGUA. The User must refer to their subscription subscription page to find out the applicable prices and the duration of their possible trial period.
Payment by credit card. The User chooses the bank direct debit method with the secure systems and services provided by third parties on the Platform and subject to their own contractual conditions over which Orthospirits has no control. In this case, payment is made by SEPA direct debit or from the bank card information provided. By providing their banking information during the sale, the User authorizes the account to be debited for the amount of the price indicated on the Platform. The User guarantees Orthospirits that he has the authorizations that may be necessary to use the payment method selected when validating his payment on the Platform. The tacit renewal of the subscription is automatically paid with the same means of payment.
Security. In order to combat fraud, a visual verification of payment methods can be carried out. In the event of fraudulent use of their bank card, the User is invited, as soon as this use is noted, to contact Orthospirits, without prejudice to the steps to be taken by the User with their bank. It is up to the User to check the summary information of their order and to correct it if necessary, before validating payment for the selected package. This second click definitively confirms the Customer’s order.
Payment incident. Orthospirits reserves the right to suspend any subscription and the corresponding access rights to the Platform in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment. The User’s account will be locked except for updating banking information. Orthospirits may contact the User to request additional documents to execute payment of their subscription and, failing regularization, close their access rights without prejudice to any request for payment of sums due.
Any sum not paid when due will be increased by a rate equal to three times the legal interest rate in force and a lump sum compensation for recovery costs of 40 euros in accordance with the legislation in force (Article L441-10 of Trade code). Late penalties are payable without enforceable title.
Changing conditions. Orthospirits reserves the right to offer introductory offers limited in time, promotional offers or price reductions on the Services subject to specific conditions. Orthospirits may revise its offers, packages and prices for the Services at any time on the Platform, under the conditions provided for by law.
Article 4. ACCESS RIGHTS TO THE PLATFORM
Personal identifiers. Any identifier on the Platform is strictly personal and confidential. It is strictly prohibited to communicate it to anyone other than in cases provided for by the practices of the User’s profession. The User will be responsible for any unauthorized, fraudulent or abusive use of their Identifiers, and undertakes to inform Orthospirits without delay of the loss or theft of the latter. In the event of a proven violation of the conditions of access to the Platform, we reserve the right to suspend your rights of access to the Platform without compensation, notice or prior information.
Password. The password must be strictly personal and confidential to the User. The latter is prohibited from transmitting it to anyone. The User can change his password at any time. If you forget or lose your password, a new password can be sent to the email address attached to the account. In the event of theft of his password or fraudulent access to his account, the User immediately informs Orthospirits which reserves the right in this case to suspend any connection to the hacked account until it is recovered by its rightful owner.
Use in good faith. When the User uses the Platform, he must do so in accordance with applicable legislation, and only for lawful purposes and for which the Platform was designed. Any contribution space on the Platform to which the User may have access, including on our social networks, must be used in good faith. The User prohibits any defamatory, threatening, hateful, intolerant, obscene, etc. comments. and any denigrating publication likely to infringe the rights of Orthospirits, other Users, third parties or contrary to the law.
The User undertakes to respect confidentiality, medical secrecy and to respect the conditions of the subscribed formula.
The User is informed and accepts that the Platform may include technical devices which allow usage to be tracked (connected user account, IP address, type of application used, various logs of connection and use of the User account …) and which may be used in the fight against counterfeiting, and/or to more generally identify and/or prevent possible illicit or non-compliant use of the Platform.
Article 5. DESCRIPTIONS OF SERVICES
1. Content of the formulas – Personalized quote
Orthospirits offers several subscription formulas including a maximum number of simultaneous cases with the possibility of requesting an opinion from a Partner and, depending on the offer subscribed, the possibility of benefiting from a six-monthly interview and case review.
Messaging and content sharing tools are included in all plans under the conditions below.
If no plan corresponds to the User’s needs, the User can request a personalized quote from Orthospirits to obtain a tailor-made subscription to the Platform.
Before subscribing to a subscription plan, the User declares to have read the contents of each plan and guarantees that he has received sufficient information and advice from Orthospirits allowing him to ensure the adequacy of the content of the selected formula to its needs.
2. Request for opinion from a Partner (submission of a clinical case)
Users can submit a clinical case for the opinion of a Partner of the Platform.
Orthospirits guarantees that the Partners are professionals authorized to practice the profession of orthodontist. The choice of the Partner is made by Orthospirits based on the availability and areas of specialty of the Partners and the User cannot directly select the Partner with whom he will be put in contact on the Platform, which he expressly accepts. In the event of incapacity for any reason whatsoever of the Partner responsible for providing an opinion, Orthospirits reserves the right to put the User in contact with another Partner.
With the express agreement of the person concerned, the User transmits to the Partner on the Platform all the information necessary to establish an opinion (in particular: x-rays, history, current treatments, photos). The User is responsible for informing and obtaining the express agreement of the person concerned by the clinical case regarding the processing of personal data carried out on the Platform.
The clinical case is analyzed by a Partner who offers one or more therapeutic options. The User validates the therapeutic option and the desired equipment.
When the file is validated, the Partner transmits on the Platform within a reasonable time its detailed therapeutic recommendation organized by stage including:
– A summary of exhaustive clinical analysis
– The therapeutic recommendation detailed by stages
– Explanations for each recommended therapeutic choice.
These deadlines are strictly indicative and may vary, in particular depending on the prior transmission by the User of all the information necessary to carry out each step.
When the Partner’s advice is followed, the User provides the photographs and information necessary to monitor the results obtained by the Partner, particularly following the installation of dental appliances.
By express agreement, the Service provided by Orthospirits is strictly limited to a connection between Users and Partners authorized to provide a therapeutic recommendation opinion and to the provision of secure exchange tools. Orthospirits does not provide any advice to Users in their professional dental practice. Orthospirits cannot be held responsible for the results of the treatment, as these depend on the treating practitioner, the only one authorized to treat the patient in the mouth and the only one bound by an estimate with the patient.
3. Semi-annual and/or monthly interview
The User undertakes to make an appointment with Orthospirits for a videoconference interview either semi-annual or monthly depending on the offer they have subscribed to to answer any questions they may have.
4. Messaging and content sharing tools
Messaging and content sharing tools are made available to the User to communicate securely with the Partner with whom they are connected.
By interacting on the Platform, the User undertakes not to publish content that is potentially illicit, defamatory, offensive, obscene, discriminatory, threatening or contrary to the spirit of the Platform or the CGUA and to behave in a respectful manner, transparent, careful, polite, without denigrating other Users, Orthospirits and its Partners and any third parties.
The User is prohibited from actively promoting any goods or services on the Platform and is prohibited from publishing any content intended for canvassing, active promotion or advertising.
More generally, the User refrains from any publication, comment, message or any other communication prohibited by law or regulation or infringing the rights of third parties, other Users, Orthospirits or its Partners. In particular, the User refrains from any publication or content constituting an offense or having as its object the provocation to the commission of an offense (threats, incitement to hatred or violence, advocating terrorism, discrimination, fraud, identity theft, infringement of intellectual property rights, spam, insult, defamation, harassment, obscene content, etc.).
The publication of content contrary to the General Terms and Conditions may be subject to deletion and will result in the exclusion of the User from the Platform and the immediate and permanent interruption of the Services, without possible compensation. The User is also expressly informed that the aforementioned publications or content may give rise to legal action by Orthospirits or third parties who may have been victims.
5. Moderation
Any comments made or any publication on the Platform are made under the exclusive responsibility of the User who is the publisher of this content. Orthospirits cannot be held responsible for the content of messages of which it is not the publisher and hosted on the Platform.
Orthospirits may moderate abusive content a posteriori and delete it, and does not undertake any a priori control of content published on the Platform.
Orthospirits may moderate, modify, move, group, duplicate, reformulate, enrich with a comment, suspend or delete a User’s message, whatever the reason and the terms. This moderation can take place at any time, without time limit.
Any User may ask Orthospirits at any time to modify or delete their own messages or report content published by another User.
Orthospirits exercises no control over possible groups or exchanges, including between Users or with Partners outside the Platform. Orthospirits cannot under any circumstances be held responsible, in any capacity whatsoever, for the actions of members of a forum or for any other damage resulting from the use of exchange tools not under its control or of which she would not be an administrator.
Article 6. INTELLECTUAL PROPERTY
Orthospirits is the owner of all intellectual property rights, including sui generis database producer rights, relating to the Platform. Intellectual property rights relate in particular but not exclusively to all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Platform or constituting the tools and media delivered on the Platform. Access to the Platform does not confer any rights to the User over the intellectual property rights on it and its contents.
The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the Platform without the prior written authorization of Orthospirits or when provided for in the CGUA.
Consequently, the total or partial exploitation of any content belonging to Orthospirits or its Partners, as well as disassembly, decompilation, decryption, extraction including by means of any robot or content indexing software (crawling), reuse, and more generally any copy, reproduction, adaptation, modification, translation or transformation of the content is strictly prohibited without prior authorization from Orthospirits.
Orthospirits reserves the right to close the User’s access to the Platform in the event of a violation of its intellectual property rights, without prejudice to any penalties and damages. Unauthorized use, for any reason whatsoever, of all or part of the Platform may be subject to any appropriate action, including infringement action.
Article 7. PERSONAL DATA – CONFIDENTIALITY
Orthospirits processes the personal data of its Users for the management of their account on the Platform, the management of the prospect-client relationship of the Platform, invoicing and accounting, assistance of the User as part of the Services provided on the Platform, the improvement of the Platform or any other purpose for which Orthospirits acts on its own behalf. The User’s personal data is processed in accordance with the Platform’s confidentiality policy, which is an integral part of the General Terms and Conditions.
Orthospirits guarantees that the data provided by the User as part of the Service is strictly confidential. In accordance with the personal data processing agreement annexed to the CGUA, Orthospirits acts as a subcontractor to the User who is solely responsible for processing the data of his patients carried out within the framework of the Service.
When providing data relating to a clinical case in any way on the Platform, the User guarantees in particular that any person concerned has been informed of the processing of personal data on the Platform for the purposes of providing a therapeutic recommendation by a Partner.
The CGUA, information and all documents exchanged as part of the provision of the Platform and Services are confidential. Information that has fallen into the public domain or whose disclosure has been authorized in writing is not subject to this confidentiality.
All Users are reminded that legal information must be provided in a concise, transparent, understandable and easily accessible manner. The User is solely responsible for maintaining the medical records of his patients. The retention period of the medical file is 20 years from the date of the patient’s last stay or last outpatient consultation in the establishment.
Article 8. REFERENCE – COMMUNICATION
Operating authorization. When the User sends writings, videos and/or photographs to give his opinion or testify on the Platform and/or a Service, and where applicable makes comments or publications concerning Orthospirits (for example, on his social networks), to which their identifier and profile photo or logo are attached on social networks, then the User expressly authorizes Orthospirits to use this content for the promotion of its activities. The contents may be protected by image rights and/or copyrights, and in this case, the User grants Orthospirits the possibility of adapting them (in terms of form) and reproducing them on all media, in particular by presenting them as a commercial reference and/or as an opinion. The User acknowledges being fully satisfied with his rights and will not be able to claim any remuneration for the exploitation of the rights referred to in this paragraph. These rights are granted for a period of 70 years, and for the entire world. Orthospirits reserves the right to submit to the User any other request for authorization to take photographs and transfer of rights, for all cases not provided for herein or on a one-off basis.
Event. The provisions of the preceding paragraph apply identically to videos and photographs taken during any type of event (public, reserved for Users, webinars, conference, etc.) organized or co-organized by Orthospirits. Event recordings may be recorded and published by Orthospirits, including on social networks in the form of extracts or as free or paid replays. If the User does not wish to appear, he/she should place himself at the back of the room, not take part in group photos, and not make a sign to the photographer/cameraman in whose field he could be placed. When the event is remote, the User can choose a pseudonym and not activate their camera so as not to appear in the screenshots.
Article 9. LIABILITY
Availability. Orthospirits implements all reasonable means at its disposal to ensure continuous and quality access to the Platform, without any obligation of result.
In particular, Orthospirits cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which prevents the User’s access to the Platform. The Platform may be subject to maintenance operations. Orthospirits reserves the right to interrupt, temporarily suspend or modify without notice a User’s access to all or part of the Platform in order to ensure its maintenance (in particular through updates) or for any other reason, without the interruption giving rise to any obligation or compensation.
Guarantee. Except under the conditions of any legal or commercial guarantees granted which may be applicable, Orthospirits is not bound by any obligation of result and provides no express or implicit guarantee, including, without this list being exhaustive, relating to continuity, to the performance, the result, the sustainability of the Services provided and the Platform, which are subject to a hazard. Any objectives, success stories or examples presented on the Platform assume the concrete and effective implementation of all the advice, techniques and tools possibly provided within the framework of the Service and do not in any way constitute a promise of gain or profit. result.
User Responsibility. The User is solely responsible for the interpretations he makes of the information provided under the Services, the advice he deduces or which was provided to him within the framework of the Services and the adaptations made for his own activities. In particular, the use of information provided by a Partner to a User on the Platform is done under the sole responsibility of the User. In particular, Orthospspirits does not provide any medical advice or advice, the Service being strictly limited to a connection on the Platform. The opinion of a Partner is indicative, which the User expressly accepts, and the use of the Service can in no case replace the physical consultation by a patient of an orthodontist. The User is solely responsible for his interpretation of the information provided by the Partner and assumes sole medical responsibility towards the patient, subject to the liability of the Partner under the conditions provided for by law. The User is solely responsible for maintaining the medical records of his patients and obtaining their consent to the transmission of health information concerning them on the Platform. Any patient consent form is provided as an example only and it is up to the User to adapt it to their own activities and according to the conditions they define when using the Service.
Direct damage. Orthospirits’ liability is expressly limited to compensation for direct damage proven by the User. Under no circumstances can Orthospirits be held liable for indirect damage such as loss of data, file(s), operating loss, commercial loss, loss of profit, damage to image and reputation. reputation of the User.
Third Party Links and Sites. The Platform may include hypertext links to access rights to third-party sites, platforms, products, services and tools whose use may be conditional on acceptance of the contractual conditions of the third-party supplier by the User. . In any case, the User undertakes to (i) inform themselves of the contractual conditions of use or sale as well as the confidentiality policies or any other legal information applicable to these sites, social networks, platforms, products , third-party services and tools and (ii) to comply with them when they have been accepted. These third-party sites, platforms, products, services and tools are designed and managed under the responsibility of third parties, partners or not of Orthospirits who have no control over these conditions. Orthospirits declines all responsibility for their content and the User’s use of third-party links, sites and content.
Independence. Orthospirits and the User are independent professionals, each assuming the risks of their own exploitation and their legal obligations. They will not be considered agents of each other, and remain responsible for their respective activities and personnel.
Limitation. TOWARDS USERS, THE LIABILITY OF ORTHOSPIRITS IS EXPRESSLY LIMITED TO THE AMOUNT EXCLUDING TAX PAID BY THE USER TO THE TOTAL AMOUNT PAID PRO-RATA TO THE LAST 12 MONTHS CURRENT AT THE TIME OF THE OCCURRENCE OF THE EVENT GIVING LIABILITY. THIS AMOUNT IS UNDERSTOOD AS THE MAXIMUM THAT ORTHOSPIRITS COULD BE PAYABLE AS COMPENSATION (DAMAGES AND INTEREST) ​​AND PENALTIES, REGARDLESS OF THE ALLEGED AREAS OF DAMAGES AND THE LEGAL BASIS ACCEPTED UNLESS THE LAW OR CASE LAW DO NOT OPPOSE IT.
Article 10. TERMINATION – SUSPENSION
Termination of the subscription. Within the time limits provided for terminating an annual or monthly subscription, the User notifies their decision to terminate their subscription from their personal space on the Platform by clicking on “termination”. In this case and at the end of their subscription, the User is informed that they will no longer be able to have access to the content delivered as part of the Service, accessible on the Platform only.
Suspension for violation of the T&Cs. Orthospirits may suspend access rights to the Platform temporarily or permanently in the event of a proven violation of the T&Cs or any applicable legal or regulatory obligation. Depending on the seriousness of the breach observed, this decision may take the form of a warning. In the event of a particularly serious breach or when the User has already received a warning, this suspension may take place without compensation, notice or prior information. Any amount already paid will not be refunded.
Article 11. GENERAL
Proof. Unless proven otherwise, the data recorded on the Platform constitutes proof of all the facts, acceptance and transactions.
French law – Language. The CGUA are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be authentic in the event of a dispute.
Nullity – Non-application. The nullity of a contractual clause does not result in the nullity of the General Terms and Conditions. The temporary or permanent non-application of one or more clauses of the CGUA by Orthospirits does not constitute a waiver by the latter of relying on them. The User accepts that Orthospirits may assign this contract to its affiliated companies or to a purchaser without its prior consent.
Indicative titles. The titles and subtitles of the articles appearing are included for convenience only. By express agreement between the parties, these titles and subtitles may in no case be used to interpret any provision whatsoever of the CGUA.
Evolution of the CGUA. The date of updating of the CGUA is indicated at the header or footer of the CGUA. The User may request a copy of the version of the General Terms and Conditions applicable to their subscription to the Platform at any time. Any modification of the General Terms and Conditions will take effect upon acceptance by any means by the User. The User agrees to be notified of updated General Terms and Conditions by their publication on the Platform or any other form of electronic notification.
No waiver. The fact that Orthospirits, at a given time and for whatever reason, does not take advantage of a breach by the User of any of the obligations contained herein, cannot be interpreted as a waiver of its rights. take advantage of it for the future.
Article 12. DISPUTES
IN THE EVENT OF A DISPUTE, THE PARTIES WILL ENDEAVOR TO FIND AN AMICABLE AGREEMENT. FAILING AGREEMENT, THE COURTS LOCATED IN THE REGION OF THE HEADQUARTERS OF ORTHOSPIRITS WILL BE COMPETENT.
ANNEX: PERSONAL DATA PROCESSING AGREEMENT
As part of their contractual relations, the parties undertake to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable from May 25, 2018 (hereinafter, “the GDPR”).
The User is solely responsible for the processing of personal data carried out by Orthospirits and its Partners on his behalf and at the User’s request as part of the Services provided on the Platform. Orthospirits acts as a subcontractor and the Partners are responsible for the processing carried out on the Platform to provide their opinion to Users.
The purpose of these clauses is to define the conditions under which the subcontractor undertakes to carry out on behalf of the data controller the personal data processing operations defined below.
1. Description of the Treatment
The treatments carried out as part of the Service for connecting Users and Partners provided by Orthospirits on the Platform have the main purpose of providing a medical opinion from an authorized orthodontist on a clinical case presented by a User in the context of his practice of the profession of dental surgeon or doctor (hereinafter, the “Processing”).
The people concerned are the User’s patients whose clinical case he submits to a Partner on the Platform.
The categories of data are:
– The gender and age of the person concerned;
– Photographs of the face from the front and in profile and panoramic x-rays of the mouth and teleradiographs from the front and profile and finally retro-alveolar x-rays;
– Scanners and CBCT;
– Information on castings;
– Information on ongoing treatments;
– Information on medical history;
– Information on the implementation of the therapeutic means (alignment-leveling, inter-arch correction phase, finishing phase, etc.).
The User does not transmit on the Platform the patient’s identity information, their contact details or any identifier such as their social security number, which is not information necessary to carry out the Service.
The processing is carried out by the subcontractor in accordance with the terms of the contract concluded with the User and according to the latter’s instructions. The User guarantees to the Platform that it has the consent of the person concerned and in any case that any stage of the Processing is carried out on a legal basis in accordance with Article 6 of the GDPR. The User is reminded that in any case, the existence of a legitimate interest should be the subject of a careful assessment, in particular in order to determine whether a data subject can reasonably expect, at the time and in the context of the collection of personal data, that they are processed for a given purpose.
2. Obligations of the subcontractor towards the data controller
The subcontractor undertakes to:
(i) Process the data only for the sole purpose(s) which does the purpose of the subcontracting
(ii) Process the data in accordance with the documented instructions of the data controller. If the processor considers that an instruction constitutes a violation of the European Data Protection Regulation or any other provision of Union law or the law of the Member States relating to data protection, it shall immediately inform the data controller. Furthermore, if the processor is required to transfer data to a third country or to an international organization, under Union law or the law of the Member State to which it is subject, it must inform the controller of this legal obligation before processing, unless the relevant law prohibits such information for important reasons of public interest.
(iii) Guarantee the confidentiality of personal data processed within the framework of this contract.
(iv) Ensure that persons authorized to process personal data under this contract undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary data protection training of a personal nature.
(v) Take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default
(vi) Help the data controller to carry out analyzes of impact relating to data protection, it being specified that all costs necessary for carrying out such studies are the responsibility of the User. (vii) Assist the data controller in carrying out the prior consultation of the authority control.
3. Sub-processor
The processor may use another processor (hereinafter, “the sub-processor”) to carry out specific processing activities. The User may request the list of sub-processors at any time.
In the event of a change, the subcontractor informs the data controller in advance and in writing of any planned change concerning the addition or replacement of other subcontractors.
This information must indicate the processing activities subcontracted, the identity and contact details of the subcontractor and the dates of the subcontracting contract. The data controller has one week from the date of receipt of this information to present objections. Failing this, the subsequent subcontractor will be deemed to have been accepted without reservation. This subcontracting can only be carried out if the data controller has not raised any objections within the agreed period.
The subprocessor is required to comply with the obligations of this Agreement on behalf of and according to the instructions of the controller. It is the responsibility of the initial processor to ensure that the subsequent processor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures in such a way that the processing meets the requirements of the GDPR.
4. Rights of the persons concerned
It is the responsibility of the data controller to provide information to the persons concerned by the processing operations at the time of data collection, or during the first contact with them under the conditions provided for by the GDPR.
For information purposes, the data controller is reminded that it is his responsibility to:
– Provide all legal information to the persons contacted and/or canvassed, in particular on the source of the data;
– Obtain the free, specific, informed and unambiguous consent of the persons concerned before using the Service;
– Ensure respect for people’s right to object.
As far as possible, the subcontractor must help the data controller to fulfill its obligation to respond to requests to exercise the rights of the data subjects: right of access, rectification, erasure and opposition, right to limitation of processing, right to data portability, right not to be subject to an automated individual decision (including profiling).
When data subjects make requests to the subcontractor to exercise their rights, the subcontractor must send these requests upon receipt by email from the User.
5. Notification of personal data violations
After agreement from the data controller, the subcontractor notifies the competent supervisory authority (the CNIL), in the name and on behalf of the data controller, of data violations to personal nature as soon as possible and, if possible, no later than 72 hours after becoming aware of it, unless the violation in question is not likely to create a risk for the rights and freedoms of natural persons.
The notification contains at least:
– description of the nature of the personal data breach including, where possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of data records of a personal nature concerned;
– the name and contact details of the data protection officer or other contact point from whom additional information can be obtained;
– description of the probable consequences of the personal data breach;
– a description of the measures taken or proposed to be taken by the controller to remedy the personal data breach, including, where applicable, measures to mitigate possible negative consequences.
If and to the extent that it is not possible to provide all such information at the same time, the information may be provided in a staggered manner without undue delay.
The User is solely responsible for communicating the data breach to the competent authority and/or to the persons concerned under the conditions provided for by law and the GDPR.
6. Security measures
The subcontractor undertakes to implement sufficient technical and organizational security measures to ensure the confidentiality of the data processed, including in particular:
– means to ensure the continued confidentiality, integrity, availability and resilience of processing systems and services;
– the means to restore the availability of personal data and access to them within appropriate time periods in the event of a physical or technical incident, subject to their previous destruction under the conditions provided for,
The data controller is solely responsible for the security and backup of the files provided by the subcontractor.
7. General
At the end of the Service relating to Processing, the subcontractor undertakes to destroy all personal data, after having returned them to the data controller or to any authorized recipient designated by the data controller.
The subcontractor communicates to the data controller the name and contact details of its data protection officer, if it has designated one in accordance with Article 37 of the European data protection regulation.
The processor makes available to the controller the necessary documentation to demonstrate compliance with all its obligations and to enable audits, including inspections, to be carried out by the controller or another auditor it has. mandated, and contribute to these audits. The data controller informs the subcontractor of the audit at least one (1) month before it begins. Any audit is carried out at the User’s expense.
8. Obligations of the data controller towards the subcontractor
The data controller undertakes to:
– Document in writing any instructions concerning the processing of data by the subcontractor, in particular concerning the principle of minimization applicable to information to be extracted provided for in the Proposal in relation to its needs and the objectives set;
– Ensure, before hand and throughout the duration of processing, compliance with the obligations provided for by the European data protection regulation on the part of the subcontractor and subsequent subcontractors;
– Supervises processing, including carrying out audits and inspections with the subcontractor;
– Use the information transmitted in accordance with French law and European regulations.
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