Terms and conditions of use
To develop the Espaces Numériques Régionaux de Santé (ENRS) (Regional Healthcare Digital Space) in each French region that falls within a national policy piloted by the Agence des Systèmes d’Information Partagés de Santé (ASIP Santé) (Shared Healthcare Information Systems Agency). In Guadeloupe and the Iles du nord, driving the ENRS has been entrusted to the Groupement de Coopération Sanitaire (GCS) (Healthcare Cooperative Association) Archipel 971.
- The Groupement de Coopération Sanitaire (GCS) Archipel 971 is responsible for driving the ENRS. Its purpose is to "Facilitate, improve, and develop the exchange and sharing of information between healthcare workers in Guadeloupe and the Iles du nord, particularly the coordination and standardization of existing healthcare information systems."
- The user is any person in the wider public or any healthcare professional consulting the portal, which can be accessed at https://www.esante-guadeloupe.fr
- The Espace Numérique Régional de Santé is "a digital space providing dematerialized services, institutionally carried by the ARS and driven by a control of regional projects. It follows the framework of interoperability and promoted reference guides, notably by ASIP Santé, while meeting regional healthcare needs."
- The GCS Archipel 971 Courbaril portal is a unique portal that provides access to ENRS services.
- The regional directory of healthcare professionals in Guadeloupe and the Iles du nord is the cornerstone of other services, and constitutes the unique point of access where all healthcare professionals and workers in the region are registered, by geographic area, by name or even by specialty.
- The secure message system combines the features of a traditional message service (sending emails and attachments) and the security of a confidentiality and authenticity level that complies with the confidentiality decree of May 15, 2007. In line with the S/MIME standard, only the body of the text is encrypted (be careful as the email subject line is not encrypted).
- The Carte de Professionnels de Santé (CPS) (healthcare professional card) "is an individual electronic card protected by a confidential code (…). They (…) enable:
- identification of a healthcare professional, i.e. unequivocal recognition of that person and their skills;
- authentication, i.e. evidence-based verification of their identity;
- electronic signatures on documents or acts; this is what enables the holder to commit to the contents of a transmitted document and to guarantee its non-alteration;
- the encryption of sent data that only the recipient can read. The information must be sent in such a way that it cannot be intercepted and read by a third party. Encryption certificates are used as part of the message safeguarding tools (MST) to ensure the confidentiality of messages through data encryption."
3) Accepting the terms and conditions of use
When sending a registration request, the user is committing to respecting the general conditions of use thereafter. They define the terms and conditions of use for the tools and services, which are imposed on all of the users who have an account.
The GCS Archipel 971 informs users that the conditions of use will be regularly updated. Modifications will enter into force from the date they are published online.
4) Access through authentication
The tools and services on the GCS Archipel 971 Courbaril portal can be accessed following user authentication. CPS has a strong authentication and is the recommended access mode.
If the user does not yet have a CPS, they can use degraded mode: weak authentication "user name – password". In this case, the password is personal and confidential. The user is solely responsible for keeping their password and for its use. All connections to the Courbaril portal and data sent will be deemed to have been performed by the user. In this case, the users can encrypt/sign their messages thanks to the provision of software certificates.
The user is informed that the weak authentication is temporary and must become a strong authentication using CPS, in accordance with the obligations imposed by the development of legislative and regulatory guidelines. As this feature is temporary, the GCS Archipel 971 can suspend this feature at any time in favor of the exclusive use of the CPS.
5) User commitments
- The user agrees to regularly take note of alterations to the general conditions of use that GCS Archipel 971 may bring and to meet these conditions in their modified version.
- The user agrees to provide accurate and complete information. In the event that the information provided is inaccurate, incomplete or obsolete, GCS Archipel 971 reserves the right to refuse to open the account, either permanently or temporarily, or to cancel the account at any time.
- Should the user refuse to comply with the terms and conditions of use, their account will be automatically blocked, without prejudice to any legal action that may be launched by GCS Archipel 971 and all damages and benefits that could be claimed by the user.
- The user agrees to update their account with any modifications to information provided when the account was opened.
- The user is required to comply with the provisions set out in laws pertaining to data processing, files and liberties, in which violation of said laws is subject to penal sanctions. In particular, they must abstain from any data collection, from any fraudulent use, and in general, from any act that is likely to violate the private life or reputation of a person.
- The user agrees to notify the GCS Archipel 971 of any malfunction or any anomaly that may occur when using the tools and services provided by the Courbaril portal, using the "Contact us" form provided.
- In using the secure message system, the user is agreeing to comply with the provisions set out in the confidentiality decree of May 15, 2007.
6) Fighting against illegal content
- Should the user become aware of the presence of illegal content, the GCS Archipel 971 encourages the user to inform them using the "Contact us" form provided.
- In line with the provisions of law no. 2004-575 of June 21, 2004 for the confidence in digital economy (article 6-I.5), the notification must contain:
- the date of the notification;
- if the notifier is a physical person: their last name, first names, profession, domicile, nationality, date and place of birth. If the petitioner is a corporate entity: the nature of its business, its name, its headquarters and the body which represents its legal interests;
- the name and domicile of the recipient or, if it is a corporate entity, its name and headquarters;
- the description of the disputed facts and their precise location;
- the reasons for which the content must be withdrawn, including reference to legal provisions and supporting evidence;
- a copy of correspondence addressed to the author or publisher of the disputed information or tasks, requesting their interruption, retraction or modification, or proof that the author or publisher could not be contacted.
The GCS Archipel 971 agrees to take all appropriate measures if it considers the content to be contrary to public order, morality, or legal provisions.
Any improper notification of content shown to be illegal, aimed at obtaining a retraction or to remove it from circulation, will open the user or author of the notification to prosecution which could lead to civil and/or penal sanctions.
7) Intellectual property rights
The software, services and applications provided by the Courbaril portal remain the exclusive property of their authors.
7.1 Online information
In line with article L 122-5 of the French Intellectual Property Code, information on the online portal may be reproduced freely, subject to meeting three cumulative conditions:
- Respect for the integrity of the information reproduced
- Source citation
- A reference stating that reproduction rights are reserved and strictly limited
Any use for commercial or advertising purposes is prohibited.
7.2 Other content
Other content such as domain names, graphics, logos, sounds, photographs, animations, or graphic or audiovisual forms are considered creations that fall under the French Intellectual Property Code and are thus the property of the author.
Any reproduction, imitation, representation or distribution of all or part of this content on any given media is explicitly prohibited without the express permission of the author or rightful claimant.
Requests for express permission may be addressed to the GCS Archipel 971, using the "Contact us" form provided on the portal. Non-compliance with these provisions constitutes an act of forgery, incurring civil and penal liabilities for any violators.
Assuming that the user has an individual arrangement with the GCS Archipel 971, which expressly grants them the right to use the aforementioned distinctive characteristics, the user agrees to use them in line with the stipulations of said agreement, as well as any provisions applicable to the users of tools or services in the Courbaril portal and the legal notices.
8) Treatment of personal data
The regional directory of healthcare professions was declared to the CNIL under number 1860313 on 18/05/2015.
The computerized management of RCP (Multidisciplinary Consultation Meeting) was declared to the CNIL sous le numéro 1860318 on 18/05/2015.
The regional server of identity (ENRS) was declared to the CNIL sous le numéro 1860321 on 18/05/2015.
Telemedicine plateform was declared to the CNIL sous le numéro 1860324 on 18/05/2015.
Secure message system was declared to the CNIL sous le numéro 1860329 on 18/05/2015.
ENRS was declared to the CNIL sous le numéro 1860331 on 18/05/2015.
In line with article 34 of law no. 78-17 of January 6, 1978 on data processing, files and liberties, modified by law no. 2004-807 of August 6, 2004, the user has the right to access, modify, rectify, and remove personal data involving them. This right to access, modify, rectify or remove this data can be exercised through the "My Account" menu in the private area or by using the "Contact us" form.
9) Limitation of liability
The Courbaril portal may contain links to other sites and/or personal pages, and in general, to all existing resources on the Internet. The GCS Archipel 971 exercises no control over these sites and as a result, assumes no responsibility for the availability of these sites or their content.
The GCS does not accept any responsibility for the content of unencrypted and unsigned emails as well as the senders/recipients of these messages.
The user accepts that they are aware of the characteristics and limitations of the Internet, specifically regarding an awareness of the nature of the Internet network and its technical performances in particular. The GCS Archipel 971 shall not be held liable in any way, and without this list being nominative, in the event of modification, suspension or interruption of tools and services.
The GCS Archipel 971 shall in no way be held responsible for the reliability of data transmission, access time, potential access restrictions to the Internet network or networks to which they are connected. The GCS Archipel 971 shall not be held responsible in the event of an interruption to the services networks, the total or partial unavailability of services notably due to the telecommunications operator, in the event of a transmission error or problems linked to the security of transmissions, in the event of the failure of receiving equipment or the user's telephone line.
The Courbaril portal is accessible 24/7 with the exception of force majeure, data processing difficulties, difficulties linked to the structure of electronic communication networks, or technical difficulties. For maintenance reasons, the GCS Archipel 971 may close the Courbaril portal for updates. The GCS Archipel 971 shall in no way be held responsible for this interruption.
In particular, the GCS Archipel 971 assumes no liability for:
- any inaccuracy or omission of information available on the site;
- any damage resulting from a fraudulent intrusion of a third party which led to a modification of information available on this site;
- any deterioration or malfunction caused by the interference of a virus in users' systems when downloading data from the site;
- any damage, either direct or indirect, whatever the cause, origin, nature or consequences, whether it be the result of access or inability to access the site.
Users listed in the healthcare professional directory may submit a request to insert a photo into their profile using the "Contact us" form on the portal.
The GCS Archipel 971 agrees not to use photos in the healthcare professional directory, however, it accepts no responsibility for fraudulent use that may be made by third parties.
10) Enjoyment of services
Users benefit from the tools and services on the Courbaril portal. They will enjoy these for as long as the relationship between GCS Archipel 971 and themselves lasts.
Following the cessation of relationships between the user and the GCS Archipel 971, regardless of the cause of this cessation, the user loses this benefit and the availability of tools and services.
11) Account termination
Requests for account termination may be addressed to the GCS Archipel 971, using the "Contact us" form provided on the portal.
Should one or more of the terms and conditions of use be considered null or void, this provision will be removed from the terms and conditions of use. Neither the validity or enforceability of other provisions will be affected.
13) Conflicts between parties
An attempt to reach an amicable settlement must be made for any dispute arising from the interpretation and execution of these terms and conditions of use.
Should an amicable settlement not be reached, the complaint will be brought before competent courts.