To use the DIGIPARK MONITOR Solution, you must create an account with accurate, verifiable, complete, and up-to-date information. Required information includes:
DigiPark Monitor v1.0 - Terms of Service
Article 1 Purpose
These General Conditions of Use (CGU) are applicable from May 27, 2024 for all user accounts, including those created before this date.
The T&Cs specify the terms of access and use of the DIGIPARK MONITOR Solution.
Use of the DIGIPARK MONITOR Solution is conditional upon acceptance of these T&Cs.
DIAMPARK offers a patient experience solution aimed at improving medical care.
The DIGIPARK MONITOR Solution is intended for healthcare professionals for the remote monitoring of their patients.
These T&Cs define the conditions of access and use of the DIGIPARK MONITOR Solution by the user.
BY USING THE DIGIPARK MONITOR SOLUTION, YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THEM, PLEASE DO NOT USE THE SOLUTION.
Any special condition will only be binding on DIAMPARK after written confirmation from us.
The T&Cs apply subject to the specific provisions of the agreement between DIAMPARK and your establishment.
The T&Cs may be modified; the modifications are available at the bottom of these T&Cs. In the event of any discrepancy between these T&Cs and the modifications, the latter shall prevail.
Definition :
DIAMPARK (or "we") refers to the company DIAMPARK, SAS with capital of 68,926 euros, registered with the Nanterre Trade and Companies Register under number 883 799 645, whose registered office is located at 22 Rue Guilleminot, 92370 Chaville France, marketing the DIGIPARK Solution.
The T&Cs are the present conditions in force for the entire duration of the DIGIPARK Solution being online.
The User (or “you”) is the natural person using the DIGIPARK MONITOR Solution.
The Healthcare Professional is a member of the patient's care team, working within or outside their establishment, participating in their medical care.
The Patient is any natural person monitored by a healthcare professional who has access to the DIGIPARK Solution.
The Establishment means any healthcare establishment participating in the care of the patient and having entered into a contract with DIAMPARK or its affiliates to provide the DIGIPARK Solution to patients.
Article 2 - Warnings / Cautions
The DIGIPARK MONITOR Solution does not support emergency situations.
Please read the DIGIPARK MONITOR Solution user guide carefully for more information.
UNDER NO CIRCUMSTANCES WILL THE DIGIPARK MONITOR SOLUTION ALLOW HEALTHCARE PROFESSIONALS TO MANAGE AN EMERGENCY SITUATION.
You are invited to carefully read the instructions in the user guide accompanying the DIGIPARK MONITOR remote monitoring module.
Article 3 - Description of services, destination and intended use
The DIGIPARK MONITOR Solution consists of a remote monitoring module used with the DIGIPARK mobile application.
It allows healthcare professionals to regularly and remotely receive questionnaires completed by their patients as well as associated alerts, to keep them informed of the patient's state of health.
The DIGIPARK MONITOR Solution is not intended to replace a medical consultation. The information provided is intended to enhance, not replace, the relationship between the patient and healthcare professionals.
The DIGIPARK MONITOR Solution complements the IT tools of healthcare professionals and institutions with remote monitoring and support features for patients with neurodegenerative diseases. Patients can access personalized information and follow wellness programs via the DIGIPARK mobile app.
The information entered is analyzed, and an alert is sent to the healthcare professional, who can consult a summary table of the patient's health status over the last few weeks.
Article 4 Legal notices
The DIGIPARK MONITOR Solution is a remote monitoring module subject to strict regulations.
DIGIPARK MONITOR, a Class IIa medical device, is certified as "medical monitoring and clinical decision support software" and bears the CE mark. It is manufactured and distributed by DIAMPARK.
The remote monitoring module is intended to be supported by public or private financing systems.
DIAMPARK is an SAS with a capital of 68,926 euros, registered with the Nanterre Trade and Companies Register under number 883 799 645, whose head office is located at 22 Rue Guilleminot, 92370 Chaville France, marketing the DIGIPARK Solution and manufacturing the DIGIPARK MONITOR remote monitoring module.
Article 5 - Conditions of access to DIGIPARK MONITOR
5.1 Prerequisites
To use the DIGIPARK MONITOR Solution, you must have a sufficient internet connection and compatible computer hardware. The network and hardware chosen are the user's responsibility.
The user should consult the user manual for the minimum configuration requirements, including the version of the operating system and Internet browser.
5.2 Creation of the Account
- your professional email
- name
- first name
- phone number
- occupation
- and possibly the establishment to which you are attached
The Account must comply with at least the following rules:
- Personal information must be accurate, verifiable, complete and up-to-date
- Account login information (times, country, Internet service provider, proxy ban) must correspond to normal use of a user account
- The User only has a right of access to the Diampark Solution which remains the property of Diampark
An Account means the individual account created by Users in order to access and use the DIGIPARK MONITOR Solution.
5.3 Connection information
The identifiers (email and/or telephone number, password) are intended to reserve access to the DIGIPARK MONITOR Solution to Users only, to protect the integrity and availability of the DIGIPARK MONITOR Solution, as well as the integrity, availability and confidentiality of the Personal Data transmitted via our Solution.
They are personal and confidential. It is the Users' responsibility to maintain the confidentiality of their identifiers, to ensure the accuracy of the Personal Data concerning them contained in the DIGIPARK MONITOR Solution (in particular for identification purposes) and to immediately notify Diampark in the event of unauthorized or suspicious use at: support@diampark.io
All operations carried out in the Diampark Solution using User identifiers are deemed to originate from the latter.
5.4 Connection via France Connect and Pro Santé Connect
France Connect, implemented by the Digital Health Agency (ANS), simplifies user identification. Users can log in to the DIGIPARK MONITOR Solution using their France Connect (patients) or Pro Santé Connect (healthcare professionals) account. This identification method is personal and confidential. In the event of unauthorized or suspicious use, the user must immediately notify DIAMPARK at: support@diampark.io.
For patients:To activate the remote monitoring feature with their DigiCode, the patient must validate their identity via France Connect. This ensures secure identification that complies with national standards. Once connected with France Connect, the patient's identity information will be verified to allow access to remote monitoring services.
For healthcare professionals:Healthcare professionals must use Pro Santé Connect to access their professional accounts on DIGIPARK MONITOR, which is specifically designed for healthcare professional identification. This account ensures secure identification tailored to professional requirements. The User, a healthcare professional, can log in using their e-CPS mobile application or CPS card, with a card reader and the necessary components.
The terms of use of France Connect for identification are as follows:
- The User is redirected to the France Connect or Pro Santé Connect login page when activating remote monitoring or accessing professional services.
- After successful authentication, France Connect or Pro Santé Connect returns a secure access token to DIGIPARK MONITOR.
- DIGIPARK MONITOR uses this token to retrieve the information necessary to validate the User's identity.
This identification method is personal and confidential. In the event of unauthorized or suspicious use, the User must immediately notify Diampark at: support@diampark.io. All transactions carried out via France Connect or Pro Santé Connect will be deemed to have originated from the User.
5.5 Account Security and Responsibility
You are responsible for your account. You must take precautions to prevent unauthorized third parties from accessing your account. DIAMPARK will not be liable for any account takeover or tampering with your account.
An Authorized Third Party is a natural person authorized by the patient to access the DIGIPARK MONITOR Solution to provide information concerning the patient.
5.6 Account Administration
You are responsible for the data and information you provide using the DIGIPARK MONITOR Solution. You can modify and update your account data. You must use the DIGIPARK MONITOR Solution in accordance with these Terms and Conditions and applicable laws and regulations.
5.7 Lifetime and Deletion of the Account
Your account is created upon acceptance of these Terms of Use. If it is not used for 36 months, it will be archived. You can request restoration of your account in the event of a repeat offense or justified medical need. To request deletion of your account, please contact DIAMPARK at: rgpd@diampark.io or at the following postal address: DIAMPARK – Attention: Data Protection Officer – 22 Rue Guilleminot, 92370 Chaville (France). If you wish to delete your account, you can contact: Diampark directly.
Article 6 - Conditions of Use of the DIGIPARK MONITOR solution
You must comply with the rights and obligations arising from these Terms of Use. Any non-compliant use may result in the suspension of your account.
The user must use the DIGIPARK MONITOR Solution in accordance with its intended purpose, its documentation and under normal conditions of use. It is prohibited to use automatic devices to access, acquire, copy or monitor the DIGIPARK MONITOR Solution.
The user must not attempt to illegally access any section or feature of the DIGIPARK MONITOR Solution or any other connected system or network. Any attempt to violate security measures will result in the immediate suspension of the user's rights.
Article 7 - Intellectual property rights
DIAMPARK grants you the right to personal use of the DIGIPARK MONITOR Solution. The Solution and its content are the exclusive property of DIAMPARK and may not be copied or shared without prior authorization.
The DIGIPARK MONITOR Solution is protected by applicable law, including its know-how, architecture, presentation, database, files, images, sounds, trademarks and computer codes.
DIAMPARK grants the user a limited, personal, unique, non-exclusive, and non-transferable license to access and use the DIGIPARK MONITOR Solution. Any violation of this article is subject to civil and criminal penalties.
No part of the DIGIPARK MONITOR Solution or its content may not be copied, reproduced, modified, republished, uploaded, publicly displayed, encoded, translated, transmitted or distributed in any way without the prior written consent of DIAMPARK.
The user acknowledges that all information, data and content of the DIGIPARK MONITOR Solution remain the exclusive property of DIAMPARK or its authorized partners.
The content designates in particular: all texts, information, graphics, images, videos, sounds, music, illustrations, data, interfaces, trademarks, logos, computer codes of the DIGIPARK MONITOR Solution
Article 8 Limitation of Warranty
DIAMPARK strives to ensure the proper functioning of the DIGIPARK MONITOR Solution and to ensure its accessibility 24 hours a day, 7 days a week. However, the DIGIPARK MONITOR Solution is provided "as is." DIAMPARK does not guarantee continuous and error-free operation.
DIAMPARK is only bound by an obligation of means regarding access to and use of the DIGIPARK MONITOR Solution. Interruptions may occur due to maintenance, network or server malfunctions, technical events, or other factors beyond DIAMPARK's control.
For reasons of maintenance, testing, repair or improvement, the DIGIPARK MONITOR Solution may be temporarily interrupted without DIAMPARK being held responsible.
DIAMPARK does not guarantee that the functionalities of the DIGIPARK MONITOR Solution will always be available, without technical or other errors, nor that defects will be corrected or that the services or servers that host it are free of viruses or bugs.
Article 9 - Limits of liability
9.1 Availability and operation of the DIGIPARK MONITOR solution
DIAMPARK cannot be held responsible in the event of unavailability, interruption, or malfunction of the DIGIPARK MONITOR Solution. DIAMPARK may suspend access to the Solution for operational or maintenance reasons.
The DIGIPARK MONITOR Solution is made available to users as part of a best-efforts obligation. DIAMPARK does not guarantee that the Solution is free from anomalies or that its operation will be uninterrupted. The user must take all necessary measures to minimize the consequences of possible interruptions or data loss.
DIAMPARK cannot be held responsible for any inconvenience or damage related to the use of the Internet, such as the presence of viruses or malicious codes.
DIAMPARK may at any time interrupt or suspend access to all or part of the DIGIPARK MONITOR Solution, in particular for operational or maintenance reasons, without users being able to claim any compensation.
9.2 Obligations and responsibilities of the prescriber
The prescriber acknowledges being solely responsible for the medical monitoring of patients, including the prescription and use of the DIGIPARK MONITOR Solution.
The prescriber releases DIAMPARK from all liability and undertakes to defend DIAMPARK against all claims related to the diagnosis, care and treatment of patients, even in relation to the use of the Solution.
9.3 Vigilance and ethics for prescribing physicians
The prescriber who observes an adverse event in a patient related to the use of the DIGIPARK MONITOR Solution must immediately inform DIAMPARK at: support@diampark.io.
The prescriber undertakes to provide all the information necessary to meet DIAMPARK's legal and regulatory obligations.
9.4 Responsibility for content
The user is solely responsible for the data and information shared via the DIGIPARK MONITOR Solution. The content available on the Solution does not constitute medical advice.
DIAMPARK cannot be held responsible for the information, documents, or data entered by the user or healthcare professional in the Solution. The user acknowledges that they are solely responsible for the information, data, and files entered.
DIAMPARK and its partners cannot fully guarantee the reliability of the content offered to each patient as being fully adapted to their pathology. DIAMPARK cannot be held liable in the event of a lack of clinical results.
It is the healthcare professional's responsibility to ensure that their patient is able to follow the physical activity programs offered by the Solution. All patients should consult their healthcare team before enrolling in a physical activity program.
9.5 Liability to third parties
DIAMPARK cannot be held responsible for any damage occurring in the context of exchanges made outside the DIGIPARK MONITOR Solution, even between users, patients and/or healthcare professionals.
Article 10 - Protection of personal data
10.1 Processing and purposes
For more information on the use of your personal data and your rights, please consult the Privacy Policy attached to these T&Cs.
DIAMPARK collects and processes certain personal data of the user and patients, in accordance with the Privacy Policy. The user is invited to consult this policy for more information on the conditions of collection and processing of personal data.
DIAMPARK implements adequate technical protection measures in accordance with legal and regulatory requirements.
10.2 User rights over personal data
In accordance with the GDPR, you have several rights over your personal data:
- Right of access
- Right of rectification
- Right to erasure
- Right to limit or object to processing
- Right to withdraw consent
- Right to define guidelines relating to the retention, erasure and communication of your data after death
- Right to portability
You can exercise these rights by contacting DIAMPARK at: rgpd@diampark.io or at the following postal address: DIAMPARK, 22 rue Guilleminot, 92370 Chaville, France.
If you believe that your rights have not been respected, you can file a complaint with the competent data protection authority, such as the CNIL in France.
10.3 Information specific to prescribing physicians
By accepting these T&Cs, you authorize DIAMPARK to use and sample personal data on the use of the services to improve current or future services.
DIAMPARK guarantees that reports and analyses based on personal data will not directly identify a user or patient.
The prior and individual consent of patients to collect and process their pseudonymized personal data is collected by DIAMPARK.
10.4 Hosting and security of personal data
Personal data collected via the DIGIPARK MONITOR module by DIAMPARK is stored in France by OVH, a certified health data host.
Article 11 Consequences of non-compliance with the T&Cs
In the event of non-compliance with these T&Cs by the user, DIAMPARK reserves the right to restrict or terminate access to the DIGIPARK MONITOR Solution without prior warning.
In the event of a violation of one or more provisions of these T&Cs or any other document drawn up or communicated by DIAMPARK, DIAMPARK reserves the right to restrict or terminate access to the DIGIPARK MONITOR Solution by the user, after having informed them.
Article 12 - Changes and Updates
12.1 Revision of the T&Cs
DIAMPARK may modify these Terms of Use at any time. You will be informed of any changes by email or via the DIGIPARK MONITOR Solution.
If you do not accept the new T&Cs, you can object within 8 days of notification by contacting: support@diampark.io.
DIAMPARK reserves the right to modify these T&Cs to take into account changes to the Solution, services or legal and regulatory developments, with thirty (30) days' notice.
The notice period does not apply in certain exceptional cases:
- must comply with a legal or regulatory obligation requiring it to modify the T&Cs within a very short period of time or immediately
- must exceptionally modify the T&Cs to address an unforeseen and imminent danger linked in particular to fraud, malware, spam, a data breach or other cybersecurity risk
- must make editorial changes to these T&Cs, provided that these changes do not alter the content or meaning of these T&Cs
Each modification will take effect as soon as it is posted online in the DIGIPARK MONITOR Solution.
Continued use of the Solution constitutes acceptance of the T&Cs modified by the user.
In the event of disagreement with the modifications, the user may notify his opposition within eight (8) days following notification to: support@diampark.io.
12.2 Evolution of the DIGIPARK MONITOR solution
The DIGIPARK MONITOR Solution may evolve at any time with modifications or removal of features.
You will be informed by email or via the Solution.
Article 13 General provisions
13.1 Applicable Law and Dispute Resolution
These Terms and Conditions are governed by French law. In the event of a dispute regarding the interpretation, validity, or consequences of these Terms and Conditions, you may contact DIAMPARK at: support@diampark.io.
Notwithstanding the country from which the user accesses the Solution, these T&Cs are governed exclusively by French law. The French version prevails over any other version.
In the event of a dispute or complaint, the user is invited to contact DIAMPARK support at: support@diampark.io. Disputes arising from the use of the Solution will be submitted to the competent courts within the jurisdiction of the Paris Court of Appeal.
13.2 Partial disability
If any part of these T&Cs is found to be void or unenforceable, the validity of the other provisions of the T&Cs will not be affected.
In this case, the parties will substitute for this stipulation a lawful provision corresponding to the spirit and object of the initial stipulation.
