Conditions of use

Foreword

The www.medecindirect.fr website and the MédecinDirect application are published by Teladoc Health France, a simplified joint stock company with a share capital of 158,300 euros, registered in the Evry Trade and Companies Register under number 508 346 673, whose registered office is located in paris (75002), France.

The medical teleconsultation services provided by Teladoc Health France allow you to contact general practitioners or specialists registered with the Conseil National de l’Ordre des Médecins (French National Medical Council) through a secure web platform or telephone service.

The services provided can cover a variety of medical needs, from simple advice to a teleconsultation with a prescription. For example, our Physicians can assist you when it comes to understanding your symptoms, interpreting and explaining the results of biological tests, preparing you for your next medical appointments, helping you to prepare the best questions for your Physician, assisting you after a physical consultation to facilitate the understanding of a diagnosis or treatment, and considering initial care and providing a second opinion.

Provided that you have filled out all the requested information and validated the consent to perform a telemedicine procedure, the Physicians of MédecinDirect may propose a diagnosis or a prescription under certain conditions which are detailed below.

Warning: MédecinDirect is not an emergency service. The response time is not compatible with a condition that may require an emergency consultation. In case of doubt, contact your Physician immediately, call 112 in Europe, 15 in France or your local emergency service.

1. Definition

« medecindirect.fr » or « MédecinDirect »: refers to the whole service allowing the connection between the Physician and the User thanks to a secure web platform (Internet and mobile application), on different channels (in writing, by telephone, by video).

« Service »: refers to the networking services provided by medecindirect.fr and is defined in Article 4 of the present Conditions of Use.

« User » or « you »: refers to the adult or emancipated natural person seeking a medical teleconsultation service enabling him/her to be put in contact with a general practitioner or specialist through medecindirect.fr.

« Physician »: refers to the health professional selected by Teladoc Health France after verification of his or her authorizations to practice medicine (diploma, registration with a professional association, insurance, etc.) and authorized to answer questions on medecindirect.fr.

2. Purpose

The purpose of these general Conditions of Use is to define the terms and Conditions of Use of the www.medecindirect.fr website and the application MédecinDirect.

3. Specific measures regarding the publication of medical articles

a) Editorial Committee

The medical articles on the site are written by the Physician under the responsibility of the president of the company Teladoc Health France, Mr François Lescure.

The Physicians of the medical team are presented on the website www.medecindirect.fr and can write medical articles for Users based on their expertise.

The publication of medical information is verified by one or more Physicians. Each article is signed by the Physician who wrote the article. The information provided is subject to the obligations listed in Articles 13 and 14 of the Code of Medical Ethics (R. 4127-13 and R. 4127-14 of the Public Health Code).

b) Financing

The www.medecindirect.fr website is financed solely by MEDECIN DIRECT.

4. Specific measures regarding contact with Physicians

a) Presentation of the service – Responsibility

As mentioned above, the medical teleconsultation service provided by Teladoc Health France allows a User to contact general practitioners or specialists registered with the Conseil National de l’Ordre des Médecins (French National Medical Council) through a secure web platform or telephone service.

The company Teladoc Health France is authorized:

  • by the Agence Régionale de Santé (Regional Health Agency) d’Île-de-France via a Telemedicine contract signed on December 14th, 2015 authorising it to provide teleconsultation acts; and
  • by the CNIL (French Data Protection Authority), authorization No. 189-5186 signed on June 16th, 2016.

The Service provided can therefore cover a variety of medical needs, from simple advice to teleconsultation with a prescription.

The Service is not intended to replace a physical medical consultation with your attending physician and cannot replace the usual care pathway. It is complementary service, not a substitute. The Service is therefore not intended to compete with clinical medicine, but to encourage existing patient-physician relationships.

Teladoc Health France is not intended to allow the User of the service to make his own diagnoses or choose his own treatment methods. The User must never start a treatment under his own authority or modify or interrupt a treatment without first consulting a Physician.

b) Consent

The User must carefully read these general terms and Conditions of Use before registering for the Service.

The use of the Service implies the express and unreserved acceptance of these general Conditions of Use.

Any user who does not agree to all or part of the general terms and Conditions of Use must refrain from using the Service.

Teladoc Health France reserves the right to refuse access to the service, unilaterally and without prior notification, to any User who does not comply with the Conditions of Use. Teladoc Health France declines all responsibility for any use not in accordance with the general Conditions of Use made by any User.

By using the site, the User declares that he/she has full legal capacity to use the Service and agrees to use the Service only for lawful and moral purposes.

c) Access to the Service

The use of the Service requires the use of a login and password that are strictly personal to each User of the Service. Their use is the sole responsibility of the User. It is the responsibility of each User to implement all the necessary security measures to protect their login and password.

In the event the User forgets, loses or has his/her password stolen, or if the User of the Service becomes aware of the use of his password by an unauthorized third-party, he must immediately contact us at the following address:

Teladoc Health France

2, rue de Choiseul, 75002 PARIS

Email: contact@medecindirect.fr

In such cases, Teladoc Health France cannot be held liable under any circumstances.

d) Cost of the Service

Access to the Service is generally provided free of charge via insurance partners, mutual insurance companies, private companies or public or private institutions (hereinafter, the « Third-Party Payer »). The conditions of access are specified in the contract between the User and the partner providing the Teladoc Health France Service. Access may be limited or unlimited depending on the terms of the partnership.

If the Service is not supported by a Third-Party Payer, the service is charged at market price on the day the Service is subscribed, expressed in euros and takes into account taxes at the rates applicable on the day the subscription is made; any change in rate may be reflected in the price of the Service.

The online payment platform used is PayPlug.

e) Obligations of Teladoc Health France

Teladoc Health France agrees to use all reasonable technical means at its disposal to ensure continued access to the site and the Service. As such, Teladoc Health France is bound by a simple obligation of means. In particular, Teladoc Health France shall not be held liable in the event of network malfunctions, server malfunctions or any other event beyond its control.

Teladoc Health France reserves the right to interrupt, suspend or modify access to all or part of the Service without prior notice, in order to ensure its maintenance, or for any other reason, without this interruption giving rise to compensation or indemnification of the User.

Cases of force majeure, as defined by the case law of the French Courts and Tribunals, suspend the execution of these general Conditions of Use. As such, Teladoc Health France’s liability may under no circumstances be sought if the performance of one of its obligations is prevented or delayed due to the occurrence of such a case.

f) Respect for medical ethics

The Physicians have signed a telemedicine agreement with Teladoc Health France, providing a medical teleconsultation service, based on the recommendations of the Île-de-France Regional Health Agency and reviewed by the Conseil National de l’Ordre des Médecins (French National Medical Council) on December 5th, 2015.

According to this agreement, the Physicians agree to respect the Code of Ethics established by Teladoc Health France and which can be consulted by following this link (https://medecindirect.fr/charte/).

Each Physician is registered with the French Departmental Council of the Order of Physicians on which he depends and mentions his qualification and registration number as they result from his registration.

Physicians agree to provide, in the field of their ordinal qualifications, appropriate and intelligible information to the Users of the Service, based on scientific evidence and generally accepted practices.

The Physicians act in complete independence from the company MEDECIN DIRECT and assume responsibility for any information, diagnoses and prescriptions they provide.

Exchanges between Users and Physicians may, under certain conditions, result in a diagnosis or prescription by Physicians.

g) Confidentiality and respect for medical confidentiality

Consultations with Physicians via MédecinDirect as well as summaries of telephone or video interviews with these Physicians generally contain personal health data. The personal health data is subject to medical confidentiality, and are therefore confidential.

Questions from Users in the medical field are forwarded to the Physician who answers the User directly via MédecinDirect. They are stored in a secure, confidential database and are subject to medical confidentiality. As such, the questions asked by the User and the answers provided by the Physician are strictly confidential.

MédecinDirect’s database is hosted by a health database approved by the High Authority of Health (HAS) and ASIP Santé in accordance with Article L1111-8 of the Public Health Code.

The list of approved database hosting companies can be found at http://esante.gouv.fr/services/referentiels/securite/hebergeurs-agrees

Messages are transmitted to the Physician under a secure protocol (SSL). No confidential data is transmitted by unsecured email.

By validating these general Conditions of Use, the User acknowledges that the Physicians of Teladoc Health France and the authorized persons of the approved database host may have access to the personal data concerning him/her, and consents to their collection and administration by Teladoc Health France.

h) In the case of remote consultations assisted by a pharmacist in a pharmacy

  • The remote doctor will be acting in an individual capacity and may ask the patient to perform further remote examinations with the pharmacist’s help
  • The remote doctor should take note of any information they receive from the pharmacist but may not rely on it as a basis for their diagnosis should they consider the results to be unreliable

5. General requirements

a) Data processing and liberties

In France, the protection of personal data is ensured by Act No. 78-17 of 6 January 1978, amended by Act No. 2004-801 of 7 August 2004, article 226-16 of the Criminal Code, as well as Regulation 2016/679 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.

The www.medecindirect.fr website and the MédecinDirect application are subject to a CNIL (French Data Protection Authority) declaration under number 2016-184.

The www.medecindirect.fr website can be consulted without having to provide personal data or connect to the secure teleconsultation platform.

However, in order to use the Service, Users will have to provide identifying information. In the course of his/her exchanges with Physicians, the User may have to communicate information likely to reveal his state of health (hereinafter referred to as « Health Data »).

The administrative staff of Teladoc Health France has access to identifying data but under no circumstances to medical data.

At no time may the transfer or provision of identifying data take place without allowing the User to object.

The Health Data collected are strictly confidential and subject to medical confidentiality. They are not used for commercial exploitation. No Health Data is disclosed to third-parties, including the Third-Party Payer.

In accordance with article 32 of law n° 78-17 of 6 January 1978, the User is informed of:

  • The optional sharing of his/her personal data;
  • That the consequence of not sharing this personal data will be that it will not allow him/her to use the Service or allow Physicians to orient their advice according to the situation of the User to whom they are addressing;
  • That he may exercise his rights of opposition, access, modification, correction, and deletion of his personal data by emailing contact@medecindirect.fr or by mailing a request letter to Teladoc Health France, 2, rue de Choiseul, 75002 PARIS and including a copy of his/her identity;
  • That the sole purpose of the data communicated is to enable the Service to operate, under the responsibility of Mr François Lescure.

Personal data are kept for a period of five (5) years from the date of collection in accordance with legal provisions.

For any information on the protection of personal data, you can consult the website of the Commission National de l’Informatique et des Libertés (French Data Protection Authority): www.cnil.fr.

In accordance with current legislation, the www.medecindirect.fr website records connection data. This connection data contains information including the IP address, the last page visited, the browser used, the date and time of the visit and the data requested. This anonymous data is only used internally to optimise our Internet service. Such data is never correlated with any personal data that may be available.

b) Changes to the general terms and Conditions of Use

The current version of these general terms and Conditions of Use is dated June 7, 2017.

Teladoc Health France reserves the right to modify at any time, without prior notice or consent of the Users, all or part of the provisions of these general terms and Conditions of Use in order to (i) adapt them to future developments of the Service, or (ii) take into account any legal, regulatory, jurisprudential and/or technical changes. It is therefore recommended that the User regularly refer to the latest version of the terms of use available at all times on the www.medecindirect.fr website.

By continuing to use the www.medecindirect.fr website, the User accepts any changes to these terms of use.

Refusal to accept the terms of use or any subsequent modifications excludes the use of the www.medecindirect.fr website.

c) Intellectual property rights

The general structure and content of the www.medecindirect.fr website are the exclusive property of Teladoc Health France, which is the exclusive owner of the intellectual property rights.

MédecinDirect™ is a registered trademark.

Any representation and/or reproduction and/or total or partial exploitation of the site, the brand and/or the logos and distinctive signs without the prior written authorization of Teladoc Health France, constitutes an offence of copyright infringement, punishable by criminal penalties within the conditions of articles L 335-2 and the Intellectual Property Code.

d) Cookies

When accessing the www.medecindirect.fr website or the MédecinDirect application, a cookie may be automatically placed on the User’s terminal equipment. These are automatic processes of tracers deposited and read during the consultation of the site on the computer terminal, smartphone, tablet, mobile, etc., of the User to trace his/her activities.

In general, cookies record information relating to the User’s navigation on the site, and may in particular be used to store a navigation session.

The User may disable or delete these cookies by modifying the settings of his internet browser. As each browser is different, it is recommended that the User consult his/her browser’s manual to set it to his/her convenience.

However, in the event of deactivation by the User, his or her browsing on the Internet and conditions of access to certain functionalities of the site or application may be altered or be inaccessible.

The storage period of these cookies is thirteen (13) months from the date of their deposit.

e) Miscellaneous measures

The titles appearing in these general terms and Conditions of Use are provided for practical purposes only and have no legal or contractual effect. In the event of any difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.

The Conditions of Use express all the commitments of the parties, no general or specific conditions appearing in other documents can be considered as being integrated into the scope of the rights and obligations existing between the company MEDECIN DIRECT and the User.

If one or more of the provisions hereof were to be invalid under the terms of a regulatory legal provision or a court decision that has become final, it would be deemed unwritten and would not result in the invalidity of the other provisions.

The fact that a User and/or the Teladoc Health France company does not claim a breach by the defaulting party of any of its obligations resulting from these general Conditions of Use shall not be interpreted as a waiver of the obligation in question.

Any request for information, data or complaint relating to these general Conditions of Use must be addressed to Teladoc Health France by emailing: contact@medecindirect.fr.

Any complaint, amicable or judicial, relating to the execution or interpretation of the general Conditions of Use or the execution of the service must be formulated within a period of one (1) year as of the event giving rise to the complaint or the exclusion from the service by the company Teladoc Health France, under penalty of prescription.

These general terms and Conditions of Use are governed by the French law. Any dispute relating to these general terms and Conditions of Use, their interpretation or execution shall be submitted to the exclusive jurisdiction of the Paris Commercial Court.

Last update: June 16, 2020