The purpose of the present general conditions is to define the terms and conditions of use of the services offered on the website simeoxconsult.com (hereafter: the "Services"), as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the pages of the site.
They may be supplemented, if necessary, by specific conditions of use for certain Services. In the event of contradiction, the specific conditions shall prevail over these general conditions.
The company PhysioAssist ("PhysioAssist"), is a Société par Actions Simplifiée, registered in the RCS of Aix en Provence under the number 753 793 827, VAT number: FR26 753 793 827. Its head office is located at 31 Parc du Golf, CS 90519, 13593 Aix-en-Provence, Cedex 3, France.
Tel : +33 04 67 03 13 92
The services are accessible under the restrictions set out on the site:
To any natural person with full legal capacity to commit to these terms and conditions. Any natural person who does not have full legal capacity may only access the Site and Services with the agreement of their legal representative;
Any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
Access to and use of the Site are subject to acceptance of and compliance with these General Conditions of Use. By browsing the Site, regardless of the technical means of access and the terminals used, you are presumed to be aware of these GCU. This acceptance can only be full and complete. Any reservation in acceptance is considered null and void. The User who does not agree to be bound by these terms and conditions must not use the Services.
The use of the Services may require the User to register on the site, by filling in the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
The User guarantees that all the information he/she provides in the registration form is accurate, up-to-date and sincere and is not misleading.
The User is informed and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity. The information entered by the User is binding upon validation.
The User has access to the Services described on the site, in a form and according to the functionalities and technical means that PhysioAssist considers the most appropriate.
The Services are provided free of charge (access to the contents, as well as the Simeox training).
The User acknowledges and expressly accepts:
Without prejudice to the other obligations set out herein, the User undertakes to respect the following obligations:
9.1 The User undertakes, when using the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
9.2 The User acknowledges that he/she has read the characteristics and constraints of all the Services on the site, particularly the technical ones. The User is solely responsible for his/her use of the Services.
9.3 The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.
9.4 The User is also solely responsible for the relationships he/she may establish with other Users and for the information he/she communicates to them in the context of the Services. It is the User's responsibility to exercise due care and discretion in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy when dealing with other Users.
9.5 The User undertakes to make strictly personal use of the Services. The User shall not assign, license or transfer all or part of his rights or obligations hereunder to any third party in any manner whatsoever.
9.6 The User undertakes to provide PhysioAssist with all information necessary for the proper performance of the Services. More generally, the User undertakes to actively cooperate with PhysioAssist for the proper performance of the Services.
9.7 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and/or image possibly chosen by the User to identify him/her on the site) that he/she disseminates within the framework of the Services (hereinafter referred to as: the "Content").
He undertakes to ensure that the said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not violate any legislative or regulatory provision and more generally, is not likely to bring into play the civil or criminal liability of PhysioAssist.
The User thus refrains from distributing, in particular and without this list being exhaustive
9.8 The User acknowledges that the Services offer an additional but not alternative solution to the means he/she already uses to achieve the same objective and that this solution cannot replace these other means.
9.9 The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she alone is responsible.
The User guarantees PhysioAssist against all complaints, claims, actions and/or demands of any kind that PhysioAssist may suffer as a result of the breach by the User of any of its obligations or guarantees under these general conditions.
The User undertakes to indemnify PhysioAssist for any damage it may suffer and to pay all costs, charges and/or judgements it may have to bear as a result.
11.1 It is strictly prohibited to use the Services for the following purposes
11.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies or any other element of the PhysioAssist website.
11.3 The following are also strictly prohibited (i) any behaviour of a nature to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into PhysioAssist's systems, (iii) any misappropriation of the site's system resources, (iv) any actions of a nature to impose a disproportionate load on the infrastructure of the latter, (v) any infringement of security and authentication measures, (vi) any acts which may prejudice the financial, commercial or moral rights and interests of PhysioAssist or the users of its website, and more generally (vii) any breach of these general terms and conditions.
11.4 It is strictly forbidden to monetise, sell or grant all or part of the access to the Services or to the site, as well as to the information hosted and/or shared therein.
In case of breach of any of the provisions of these terms and conditions or more generally, breach of laws and regulations in force by a User, PhysioAssist reserves the right to take any appropriate measure and in particular to:
13.1 PhysioAssist undertakes to provide the Services diligently and in accordance with the rules of the art, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
13.2 PhysioAssist has no knowledge of the Content put online by the Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and with regard to which it only intervenes as a hosting provider.
Consequently, PhysioAssist cannot be held responsible for Content, the authors of which are third parties, any possible claim having to be directed in the first place to the author of the Content in question.
Content that is detrimental to a third party may be notified to PhysioAssist in accordance with article 6 I 5 of the law n° 2004-575 of 21 June 2004 for confidence in the digital economy, PhysioAssist reserving the right to take the measures described in article 12.
13.3 PhysioAssist accepts no responsibility for any loss of information accessible in the Personal Space of the User, who must save a copy and cannot claim any compensation for this.
13.4 PhysioAssist undertakes to carry out regular checks to verify the operation and accessibility of the site. In this respect, PhysioAssist reserves the right to temporarily interrupt access to the site for maintenance purposes. Similarly, PhysioAssist cannot be held responsible for difficulties or temporary impossibility of access to the site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
13.5 PhysioAssist does not guarantee to the Users (i) that the Services, subject to constant research to improve in particular the performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way proposed for the sole intention of a given User accordingto his own personal constraints, will specifically meet his needs and expectations.
13.6 In any event, the liability that PhysioAssist may incur under these terms and conditions is expressly limited to the direct damages suffered by the User.
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by PhysioAssist within the site are protected by all intellectual property rights or rights of producers of databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of PhysioAssist are strictly prohibited and may be subject to legal proceedings.
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to PhysioAssist by email, to the contact details mentioned in Article 2.
The unsubscription is effective immediately. It leads to the automatic deletion of the User's Account.
PhysioAssist reserves the right to modify at any time the present general conditions.
The User will be informed of these modifications by any useful means.
Any User who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the procedures set out in Article 16.
Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to rule on the matter, except in the case of mandatory procedural rules to the contrary.
These general terms and conditions came into force on 23 April 2020 and were last amended on 23 April 2020
This Website is owned and operated by Physio-Assist SAS, whose registered office is located at 31 Parc du Golf - 13100 Aix-en-Provence - France.
Physio-Assist is a SAS registered with the RCS of Aix-en-Provence.
This Website is hosted by the company OVH, 2 rue Kellermann - 59100 Roubaix - France.
Indeed, only individuals who own the Simeox device are allowed to place orders on our e-commerce page.
When purchasing Products on our website, your bank details are processed. They are only used for verification purposes and are not stored. The service provider Stripe processes this data and ensures its security online: Stripe has been audited by a PCI-certified auditor and is certified as a PCI Service Provider Level 1, which is the strictest level of certification available in the payment industry. Requesting a quote does not require any bank or payment details.
All card numbers are encrypted at rest with AES-256. Decryption keys are stored on separate machines. None of Stripe's servers and internals can obtain card numbers in the clear; they can only request that cards be sent to a service provider on a static whitelist. Stripe's infrastructure for storing, decrypting and transmitting card numbers runs on a separate hosting infrastructure and does not share any identifying information with Stripe's core services (API, website, etc.).
The creation of an account is effective in the following cases : Buying a product on our E-commerce page (It is also possible not to create an account: the information is then used for a single delivery). Use of our e-learning platform: to log in for the purpose of reserving access to healthcare professionals.
The data collected through PhysioAssist's Digital Products and Services are processed for the purposes indicated below. Different purposes may apply simultaneously.
Your personal data will not be distributed, communicated, exchanged or transferred to third parties, on any medium whatsoever. Only the assumption of the purchase of PhysioAssist and its rights would allow the transmission of your data to the eventual purchaser who would in turn be bound by the same obligation to protect your data.
PhysioAssist does not exchange data with partners and does not transfer your data internationally.
Mandatory disclosures We may be obliged by law to disclose your personal data to certain authorities or authorised third parties, for example to law enforcement agencies or judicial authorities.
We do everything in our power to ensure the security of your personal data.
You have the right to access, rectify, delete and object to any of your personal data. We help you to access or delete your personal data through our customer support by e-mail, telephone or chatbot.
If you wish to exercise your rights with PhysioAssist or to object to a processing carried out by PhysioAssist, requests should be sent to PhysioAssist, 939 rue de la croix verte, 34090 Montpellier, France, or by email to accompanied by proof of identity. In case of exercising your rights with our company, PhysioAssist will provide a copy of the personal data being processed and may require payment of a reasonable fee based on administrative costs for any excessive request from the user.
The web application www.simeoxconsult.com offers you in your user settings to request the deletion of your personal data. This request is made within 48 hours and involves the deletion of your user account. It will then be impossible to access SimeoxConsult's services unless you recreate a user account.
In case of dispute, you also have the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL) whose headquarters are located at 3 Place de Fontenoy, TSA 80715, 75334 Paris Cedex 7.
This Website is hosted by the company OVH, 2 rue Kellermann - 59100 Roubaix - France.
OVH is committed to optimal security of its infrastructures, in particular by having implemented an information systems security policy and by meeting the requirements of several standards and certifications (PCI-DSS certification, ISO/IEC 27001 certification, SOC 1 TYPE II and SOC 2 TYPE II attestations, etc.).
To store your sensitive personal data and protect them PhysioAssist calls on the company Sigma hosting company known as "HDS" certified according to Article L.1111-8 of the Public Health Code, amended by Law No. 2016-41 of 26 January 2016.
The information system is secured by the service provider Sigma. Sigma provides its latest generation Datacenter in France certified ISO 27001 to protect your sensitive data and ensure the continuity of our activity.
All Sigma's certifications are available at https://www.sigma.fr/groupe/certifications/ and are updated by the service provider itself.
In addition, with nearly 20 years of experience in the health sector, SIGMA is certified as a Health Data Host (HDS) for IS outsourcing and the hosting of your e-health applications.
To enable you to use our Products and Services, your data is kept until you request its deletion.
If you wish to delete your data and your account, please write to us at firstname.lastname@example.org or to :Physio-Assist, 31 Parc du Golf - 13100 Aix-en-Provence - France.
In case of a deletion request, all your data will be permanently deleted within 30 days after your request.
If, however, you have deleted your PhysioAssist account and you wish to use our Products and Services again, you only need to create a new account.
If you have an account and log in to this site, a temporary cookie will be created to determine whether your browser accepts cookies. It does not contain any personal data and will be deleted automatically when you close your browser.
When you log in, we will set a number of cookies to store your login information and screen preferences. The lifetime of a login cookie is two days, the lifetime of a screen option cookie is one year. If you check "Remember me", your login cookie will be retained for a fortnight. If you log out of your account, the login cookie will be deleted.
Some cookies are exempt from consent: these are cookies and trackers that are strictly necessary for the provision of a service specifically requested by the user. These include: the session ID cookie for the duration of a session as mentioned above, audience measurement solutions and persistent interface personalisation cookies. However, other cookies for audience measurement or operations relating to advertising & social networks require a prior request for consent.
The www.simeoxconsult.com website uses Google Analytics and Google Tag Manager to collect data from cookies. These cookies and tracking tools allow us to analyse behaviour and track interactions with the content we offer in order to continuously improve the quality of the content and your user experience. Simply put, we receive this information in aggregate form to help us understand how our site is used, the effectiveness of our marketing campaigns, or to help us improve and personalise our site.
Measuring the audience of the website pages, in order to allow an evaluation of the content published and the ergonomics of the website, without allowing the identification of individuals. The data collected will not be cross-referenced with other processing.
The IP address that the cookies are likely to capture is automatically anonymised before integration into Google Analytics to avoid any other use of this personal data or any cross-check with other personal information;
Finally, the anonymised cookie information will be kept for a period of 13 months.
PhysioAssist publishes sponsored ads on Facebook and measures the effectiveness of its Google Ads campaigns. The Facebook Pixel cookie tracks conversions from our Facebook ads and creates retargeting audiences. These two cookies allow us to measure the effectiveness of our marketing activities.
We use a chatbot messaging system - provided by the company "Intercom" - on our site in order to be able to answer your live requests (support, advice...). Our Intercom messaging system is integrated via Google Tag Manager, we collect your connection information in order to adapt to the language used by your browser. This information does not make you identifiable.
We use third-party analytics services to better understand your use of our services. In particular, we provide a limited amount of your information (such as registration date and certain personal information such as your email address) to Intercom, Inc. ("Intercom") and use Intercom to collect data for analytical purposes when you visit our website or use our product.
We may also use Intercom as a means of communication, either through email or through messages in our products. The Intercom Messenger Apps and Apps in Inbox products may also give you access to other third party applications, such as Stripe. You should consult the privacy notices of these third parties for more information about their use of your personal data. As part of our service agreements, Intercom collects publicly available contact and social information about you, such as your email address, gender, company, job title, photos, website URLs, social network identifiers, and physical addresses, in order to enhance your user experience. This collection is subject to your consent.
For more information about Intercom's privacy practices, please visit https://www.intercom.com/terms-and-policies#privacy.
Intercom's services are governed by Intercom's Terms of Service, which can be found at https://www.intercom.com/terms-and-policies#terms. If you do not wish to have this information collected by or submitted to Intercom, please contact us.
In the course of our dealings with you, you may be asked, with your consent, to leave your contact information (name, email and telephone number) in order to fulfill a contact request. Without this information or the creation of an account on our site, you remain anonymous.
If you do not wish to be contacted again, or have not specified a consent to receive promotional offers or a newsletter : your information is not kept.
Identified users of the chatbot can access their data at any time (portability principle) and request the deletion of this data (right to be forgotten). To exercise this right, you just have to write to us directly in the intercom messaging system or to email@example.com or to :Physio-Assist, 31 parc du Golf - 13100 Aix-en-Provence - France.
The cookies used by the Intercom messaging service are said to be "first-party" and assigned to the domain of our site. We take the confidentiality and protection of your data very seriously and these cookies cannot be read on other sites or by other companies using the same Intercom service.
Below are the cookies used by the Intercom chatbot, their purpose, duration and description:
|Cookie Name||Purpose||Default Duration||Description|
|intercom-id-[app_id]||Unique anonymous identifier||9 months||Anonymous visitor identifier cookie. As people visit your site they get this cookie.|
|intercom-session-[app_id]||Keeping track of sessions||1 week||Identifier for each unique browser session. This session is refreshed on each successful logged-in ping, extending it to 1 week from that moment. The user can access their conversations and have data communicated on logged out pages for 1 week, as long as the session isn't intentionally terminated with `Intercom('shutdown')`;, wich usually happens on logout|
The purpose of creating an account on the www.simeoxconsult.com platform is to access the Simeox medical device distance learning service or to request a quote.
Your account access and delivery information will not be used for commercial purposes without your consent. Only a voluntary subscription to our newsletter allows us to send you promotional or informational emails other than those resulting from the purchase of a good or a quote request.
Articles or pages on this site may include embedded content (e.g. videos, images, articles). Embedded content from other sites behaves in the same way as if the visitor were on that other site. In other words, a "Youtube" video viewed on our site counts as a viewing on the original platform.
You can configure your browser software so that cookies are stored in your terminal or, on the contrary, that they are rejected, either systematically or according to their sender. You can also configure your browser software so that you are offered the option of accepting or rejecting cookies from time to time, before a cookie is likely to be stored in your terminal.
For the management of cookies and your choices, the configuration of each browser is different. It is described in the help menu of your browser, which will allow you to know how to modify your wishes regarding cookies.