Processing personal user data: what methods, what purposes?

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When using our mobile application and/or remote monitoring platform, patients and caregivers enter personal data. Their use is an integral part of our approach, and their security and confidentiality are sine qua non conditions.

In addition to complying with the regulatory requirements for security, compliance and confidentiality to which we are subject, the processing of our users' personal data is rigorously supervised and documented. This framework is the fruit of ongoing collective reflection, in light of the mission we wish to fulfill: to contribute to better cancer care.

This page lists all the information relating to the purposes and methods of processing our users' personal data. Its primary aim is to provide you with maximum transparency regarding the processing of your personal data, from collection to use. If you would like more information on this subject, please contact us directly so that we can provide you with all the answers you need and add to this page.

IN NO CASE DOES THE RESILIENCE SOLUTION ALLOWS FOR THE MANAGEMENT OF AN EMERGENCY SITUATION BY HEALTH PROFESSIONALS.

Please read carefully the instructions for use that accompany the Resilience PRO remote monitoring module (described below).

The Resilience Solution is designed to complement the IT tools used by healthcare professionals and/or establishments with remote monitoring and support functionalities for patients with cancer, with two main functionalities:


• - Support - The Patients can access personalised information, adapted to the declared symptoms and their pathology to help better understand their state of health, via the Resilience Care mobile Application, which can be downloaded on Android or iOS devices. In addition, the Patient can use it remotely, for example, to follow wellness programs.

• - Remote monitoring - The Resilience PRO module, remote monitoring software in the oncology field used in addition to standard monitoring, specifically allows Healthcare Professionals to monitor their Patients remotely. The Patients complete self-assessment questionnaires about their symptoms that they receive regularly by text message, e-mail or via the Application.

The information they enter is analysed and a notification is sent to their Healthcare Professional who can access a table at any time to know their Patients' state of health over the last few weeks. 

The follow-up questionnaire can be completed by text message or e-mail.

The information transmitted to the Resilience Solution is intended to improve, and not replace, the relationship between the Patient and Professionals. The Resilience Solution is not intended to replace a medical consultation.

The Content specifically refers to all the texts, information, graphics, images, videos, audio files, music, illustrations, data, interfaces, trademarks, logos and computer codes of the Resilience Solution.‍‍
The Application refers to the Resilience Care mobile application developed by RESILIENCE and accessible as part of the Application. It is a support tool for Users providing, in particular, personalized content and wellness programs.

The remote monitoring module integrated into the Resilience Solution is marketed under the name Resilience PRO.

Resilience PRO, a class IIa medical device, is a regulated healthcare product certified as "medical software for monitoring and clinical decision support in oncology", and bears the CE 0459 mark under this regulation. It is manufactured by RESILIENCE MD and distributed by RESILIENCE within the Resilience Solution.

It is manufactured by RESILIENCE MD and distributed by RESILIENCE as part of the Resilience Solution.

The Resilience Solution, including the Resilience PRO module, is designed to be supported by public or private financing systems.

RESILIENCE MD, a simplified joint stock company with capital of 6,315.00 euros, registered with the Bayonne Trade and Companies Register under number 791 307 309 and headquartered at 24, Avenue Victor Hugo - 64200 Biarritz, manufactures the Resilience PRO remote monitoring module.

The Resilience Service is offered over the Internet. To access it, Users must have an Internet connection with sufficient bandwidth and compatible hardware.

Users are advised to take note of the minimum system requirements, especially the version of the terminal’s operating system and the version of the web browser.

The network and the hardware chosen by the Users are under their sole responsibility. RESILIENCE does not provide Users with any hardware or equipment, especially IT hardware, to connect to the Resilience Solution and use it.

To access the Resilience Solution, Users must have an Account, which is provided via a phone number (and/or a professional e-mail address) and a password.

They must complete and/or validate all identification fields:

• Professional e-mail address

• Surname used in a professional capacity
• First name
• Phone number
• Job
• When applicable, the Establishment involved in the User's treatment.

The Account must comply with the following rules at a minimum:

• Personal information must be accurate, verifiable, complete and up-to-date;

• Account connection information (times, country, Internet service provider, prohibition of proxies) must correspond to the normal use of a user account.

An Account refers to the individual account created by Users in order to access and use the Resilience Solution.

The login details (e-mail and/or telephone number, password) are intended to restrict access to the Resilience Solution, including the Resilience PRO module, to Users only, to protect the integrity and availability of the Resilience 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 ensure the confidentiality of their login details, to ensure the accuracy of their Personal Data which appear in the Resilience Solution (especially for identification purposes) and to immediately notify RESILIENCE in the event of any unauthorized or suspicious use at: support@resilience.care. All operations carried out in the Resilience Solution using Users' login details are considered to have been carried out by the Users themselves. 

Pro Santé Connect is a teleservice implemented by the Digital Health Agency (Agence du Numérique en Santé, ANS) which simplifies the identification of Healthcare Professionals.

The Users, Healthcare Professionals, can log in using their e-CPS mobile application or their CPS card, with a card reader and the necessary components.

In order to guarantee the security of your Account and prevent any usurpation, you agree to :

• Not give access to your Account to an unauthorized third party;

• Take all measures to prevent an unauthorized third party from accessing the Account to which you are connected, even without your knowledge.

RESILIENCE may in no way be held responsible in the event of Account usurpation or of any alteration that an Account may undergo.

Users can modify and update the data relating to their Account.

Users acknowledge that they alone, and not RESILIENCE, are responsible for the data provided and other information exchanged, and that they must use the Resilience Solution in compliance with the current GCU and applicable laws and regulations.

The Account is provided for Users from the moment they accept the current GCU and for the entire period during which they use the Resilience Solution.

If the Account is not used during a period of 5 years, it is archived. In the event of a repeat offence or a medically justified reason, you may ask RESILIENCE to restore your Account in order to recover its content or information.

If you wish to delete your Account, you can contact:

• Your establishment,
• RESILIENCE at: privacy@resilience.care, or at the following postal address: RESILIENCE - for the attention of the Data Protection Officer – 6, rue d'’Armaillé – 75017 Paris (France).

The User must use the Resilience Solution in accordance with its intended purpose and documentation and under normal conditions of use.

The User may not use devices, programs, algorithms or other automatic methods such as scraping, crawling, deep linking, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Resilience Solution, including Resilience PRO, or its Content, nor reproduce or circumvent the structure or presentation of the Resilience Solution to obtain or attempt to obtain data, documents or information by means not voluntarily made available by RESILIENCE.

The User shall not attempt to gain unauthorized access to any section or functionality of the Resilience Solution, or to any other system or network connected to the Resilience Solution or to a RESILIENCE or RESILIENCE MD server, or to the services offered by RESILIENCE, by hacking or any other unauthorized means.

The User shall not attempt to probe, analyze or test the vulnerability of the Resilience Solution or any network connected to the Resilience Solution, nor breach the security and authentication measures implemented in the Resilience Solution or networks connected to the Resilience Solution. No reuse of information available on the Resilience Solution is authorized.

The User agrees not to take any action that would impose an excessive or unreasonable load on the infrastructure of the Resilience Solution or RESILIENCE's or RESILIENCE MD's systems or networks, or any system or network connected to the Resilience Solution, RESILIENCE or RESILIENCE MD.

The User shall not use the Resilience Solution for any purpose that is unlawful or prohibited by the current GCU, or to encourage any illegal or other activity that infringes the rights of RESILIENCE or third parties.

The User acknowledges that he/she is solely responsible for the use made of the Resilience Solution. Any misuse of the Resilience Solution or use not in accordance with its intended purpose, its documentation and these GTU, including but not limited to any disclosure of confidential data or data covered by professional secrecy, shall be deemed to constitute a sufficiently serious breach on the part of the User to entitle RESILIENCE to immediately suspend, without notice or formality of any kind, the rights granted to the User under the current GCU. The User may also be subject to civil or criminal prosecution in application of the current GCU and any applicable laws and regulations.

The Resilience Solution is the exclusive property of RESILIENCE. It benefits from the protection afforded by applicable law, in particular with regard to its know-how, architecture, presentation, database, files, images, sounds, trademarks, computer codes, etc.

Resilience PRO is the exclusive property of RESILIENCE MD and benefits from the protection afforded by applicable law, in particular with regard to its know-how, architecture, presentation, database, files, images, sounds, trademarks, computer codes, etc. RESILIENCE MD has granted its economic rights to RESILIENCE within the framework of an operating license. RESILIENCE MD has granted its economic rights to RESILIENCE within the framework of an operating license.

RESILIENCE grants the User a limited, personal, unique, non-exclusive and non-transferable, non-assignable license to access and use the Resilience Solution (including the Resilience PRO module, the Application and their Content). This license is subject to compliance with the rules set out in these GCU. The use of the Resilience Solution does not entail for the User any right of ownership on this one or its Contents.

The User recognizes that any violation of the present article constitutes an act of counterfeit sanctionable civilly and criminally.

Except as expressly stated in the current GCU, no part of the Resilience Solution or any Content may be copied, reproduced, modified, republished, downloaded, published, publicly displayed, encoded, translated, transmitted or distributed in any way (including by "mirroring") on any other computer, server, website or medium of publication or distribution, or for any commercial enterprise whatsoever, without the prior written consent of RESILIENCE.

Consequently, unless otherwise agreed with the Establishment or expressly authorized in writing, the User may under no circumstances allow a third party to access the Resilience Solution or to use it on behalf of a third party.

It is reminded that all information, data and content of the Resilience Solution remain the sole property of RESILIENCE or of its partners authorized to publish said Content on or via the Resilience Solution.

RESILIENCE shall do everything in its power to ensure that the Resilience Solution operates properly and provide 24/7 access.

Nevertheless, the Resilience Solution is provided to Users "as is". RESILIENCE does not guarantee that the Resilience Solution will operate without any interruption or error.

RESILIENCE only has an obligation of means regarding access to and use of the Resilience Solution. Users acknowledge that interruptions may occur especially in the event of maintenance, network or server malfunction, technical incidents, and events out of RESILIENCE's control, etc.

RESILIENCE or its affiliates may temporarily interrupt the Resilience Solution for maintenance, testing, repair or any other reason related to its improvement and operation, without any liability on their part.

RESILIENCE cannot guarantee that the functionalities provided by the Resilience Solution will always be available or not contain any typographical, technical or other errors, that defects will be corrected or that the services or servers hosting it are free of viruses or bugs.

RESILIENCE does not guarantee against and cannot be held responsible for the loss or alteration of files or data that Users transfer to their Account.

The Resilience Solution must be used by Users with experience in the management of cancer Patients.

The Resilience Solution is provided to Users as part of an obligation of means, in accordance with the commitments described in the Contract. RESILIENCE does not guarantee that the Resilience Solution is free of anomalies nor that its operation will be uninterrupted. Therefore, it is up to the User to take all appropriate measures to minimise damaging consequences related to a possible interruption of operation or a possible loss of data generated by the Resilience Solution due to its use.

RESILIENCE may not be held responsible if the Resilience Solution is not available, interrupted or malfunctioning, for any reason whatsoever and especially in the event of a failure of its Internet access provider, its host, intrusion by a third party or a case of force majeure.

RESILIENCE cannot be held responsible for any inconvenience or damage resulting from the use of the Internet, such as the presence of computer viruses or malicious codes.

RESILIENCE and its affiliates can, at any time, interrupt or suspend access to all or part of the Resilience Solution, especially for operational or maintenance reasons, as well as modify, suspend, and delete the Resilience Solution and terminate its publication on Internet without Users being entitled to claim any compensation whatsoever.

In addition, RESILIENCE may in no way be held responsible for any loss, prejudice or indirect damage of any nature whatsoever resulting from the management, use and/or operation of an interruption or malfunction of the Resilience Solution.

Users may not hold RESILIENCE liable for any loss, claim, dispute, damage or expense claimed by a third party or by another User as a result of their use of the Resilience Solution.

RESILIENCE SHALL IN NO CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, MATERIAL OR IMMATERIAL LOSS OR DAMAGE, WHETHER OR NOT CONSEQUENTIAL OR UNFORESEEABLE, SUFFERED BY THE USER AND/OR THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS, INACCURATE OR CORRUPTED FILES OR DATA, COMMERCIAL PREJUDICE, LOSS OF SALES OR PROFITS, LOSS OF CLIENTELE, LOSS OF OPPORTUNITY, LOSS OF IMAGE, COST OF OBTAINING A SUBSTITUTE PRODUCT, SERVICE OR TECHNOLOGY, IN CONNECTION WITH OR ARISING FROM THE NON-PERFORMANCE OR FAULTY PERFORMANCE OF THE SERVICES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

Users are solely responsible for all data and file transfers via the Resilience Solution. Users are responsible for taking any protective measures they deem necessary.

The Prescriber acknowledges that he/she is solely responsible for the diagnosis, management and/or treatment of Patients, including the prescription and consideration of the use of the Resilience Solution, and therefore assumes full and exclusive responsibility for any decision made or action taken against the Patient.

The Prescriber hereby releases RESILIENCE and RESILIENCE MD from all liability and undertakes to defend them against all claims relating to the diagnosis, management and/or treatment of Patients, even when such claim concerns, inter alia, the use of the Services and the Resilience Solution.

The Prescriber who becomes aware of an adverse event occurring to a Patient in connection with and/or as a result of the use of the Resilience Solution, undertakes to immediately inform RESILIENCE at the email address support@resilience.care

. The Prescriber undertakes to provide RESILIENCE with all information necessary to meet its legal and regulatory obligations and to cooperate with RESILIENCE and RESILIENCE MD for any request for additional information allowing an assessment and/or notification of the adverse event observed.

In accordance with the provisions of article L1453-3 of the French Public Health Code, these GCU may not have the purpose or effect of conferring on a Healthcare Professional, directly or indirectly, advantages that he or she is prohibited from receiving.

The Parties agree that these GCU do not fall within the scope of the provisions of article L1453-1 of the French Public Health Code, in application of the last paragraph of I of this text.

RESILIENCE may collect and process some of the Users’ and Patients' Personal Data under the terms of our Privacy Policy, which is an integral part of the current GCU.

Users are advised to consult the Privacy Policy for further information on the applicable terms and conditions governing the collection and processing of their Personal Data, as well as their rights under the applicable regulations.

RESILIENCE implements appropriate technical protection measures in accordance with the applicable legal and regulatory requirements.

Personal Data are information that can be used to identify you.

1978 as amended (the "Data Protection Act") and Regulation (EU) no. 2016/679 of April 27, 2016 (the "General Data Protection Regulation" or "GDPR"), Users have the right to access, rectify and delete their Personal Data, to restrict or object to the processing thereof, to withdraw their consent, the right to define instructions relating to the retention, deletion and communication of their Personal Data after their death and the right to transfer their Personal Data.

These rights are exercised :

• With the Establishment,
• By contacting RESILIENCE at: privacy@resilience.care, or at the following postal address: RESILIENCE - for the attention of the Data Protection Officer – 6, rue d’Armaillé – 75017 Paris (France).

If you feel that your rights have not been respected or that the provided answer is not satisfactory, you can lodge a complaint with the competent data protection authority, the list of which is available via this link (in France, the National Commission for Information Technology and Civil Liberties – CNIL).

By accepting these Terms, you authorize RESILIENCE to :

• Use and sample Personal Data about how the Services are used by Users and Patients and compile them in an aggregated and non-identifiable format, in order to understand the use and usage trends of the Services and to better provide or improve the current or future Services. RESILIENCE guarantees that the reports based on aggregated and non-identifiable Personal Data will not allow the identification of a User or Patient in any way.
• Collect and process the pseudonymised Personal Data of Patients in its healthcare data warehouse for the purposes set out in the authorization from the French Commission for Information Technology and Civil Liberties (CNIL) authorizing the implementation of this warehouse, which RESILIENCE makes available upon request. The Patients’ individual consent is collected by RESILIENCE beforehand.

The Personal Data collected when using the Resilience PRO module is hosted in France by Ecritel, a certified health data host.

In the event of a breach of one or more provisions of the current GCU or any other document drawn up or issued by RESILIENCE and accepted by the Users, RESILIENCE reserves the right to terminate or restrict, without any prior warning and at its sole discretion, the Users' use of and access to the Resilience Solution, to their Account and to any other RESILIENCE services to which they may have access after having notified their Establishment, if necessary.

RESILIENCE reserves the right to modify the present Terms at any time, especially to take into account changes to the Resilience Solution, the Resilience PRO module or the Services or legal and/or regulatory developments, subject to thirty (30) days' notice as from notification of the change.

The Parties agree that the notice period does not apply in the event that RESILIENCE:

RESILIENCE and its affiliates are free to add, modify and/or delete functionalities or some of their characteristic, or terms of use. RESILIENCE will inform the Users beforehand by e-mail or by a publication in the Resilience Solution or the Resilience PRO module.

Notwithstanding the country from which the User accesses the Resilience Solution, these conditions of use are exclusively governed by French law.

The French version prevails over any other version of the GCU.

Given the global dimension of the Internet network, it is important to insist on the fact that Users must also comply with the rules applicable to the territory from which they consult or use the Resilience Solution. Users are therefore reminded that it is their responsibility to check in advance the legality of the actions they perform via the Resilience Solution with regard to the laws and regulations in force in the territory from which they perform the said actions and operations.

RESILIENCE and the Users must perform their obligations in perfect good faith.

In the event of a dispute or claim from the User, a Patient, RESILIENCE or a third party relating to the use of the Solution, only the version of the current GCU, accessible from the Resilience Solution, will be binding between the parties, regardless of the date of the disputed facts.

In the event of a dispute relating to the interpretation, validity and consequences of these conditions, the User is advised to first contact RESILIENCE support at: support@resilience.care.

You agree that all disputes, claims and legal proceedings arising directly or indirectly from the Application shall be submitted to the competent courts of the Paris Court of Appeal.

Should any provision of the current GCU prove to be invalid in whole or in part, this invalidity will not affect the validity of the remainder of these conditions.

In such a case, the parties will, if possible, replace the unlawful provision with a lawful provision corresponding to the spirit and purpose of the GCU. 

The conditions set out in article 6 "Use of the Resilience Solution" are supplemented by : "RESILIENCE shall not be liable for any damages (except for intentional acts or wrongful negligence and personal injury caused by RESILIENCE) you may suffer as a result of your use or inability to use the Resilience Solution."

Paragraph 1 of Article 12.1 "Modification of the GCU" is modified as follows: "RESILIENCE may modify these TOS, and changes may then be made to these terms of use so that they correctly and accurately reflect the Resilience Solution."

The conditions set out in article 13.1 "Applicable law - Dispute" are completed by: "All claims must be made within two (2) years of the claim being made."