Legal Notice
Effective on December 10, 2024
1. Website Owner:
This site is produced by the company Smart Medical Care (owner of the AI DiagMe brand). The company name is Smart Medical Care Ltd, with its registered office located at 167-169 Great Portland Street, 5th floor, London, UK, W1W 5PF, under company number 15309552 (hereinafter “Smart Medical Care”).
– Email: contact@aidiagme.com
2. Website Hosting:
– Microsoft Azure: https://www.microsoft.com/en-us/privacy/privacystatement
– Server Location: Citadelle Datacenter, 46, Rue du Ressort, 63000 Clermont-Ferrand, FRANCE
– Server Certifications: ISO, IEC 27001, HDS, PCI/DSS
3. Definitions:
– Parties: refers collectively to Smart Medical Care (owner of the AI DiagMe brand) and the User.
– Site: refers to the website https://aidiagme.com/en/
– User: refers to any individual who uses the Site.
– Personal Data: In accordance with applicable regulations, notably those related to personal data protection and specifically the General Data Protection Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016 (“GDPR”) and French law n°78-17 of January 6, 1978 as amended, known as the “Data Protection Act”, Smart Medical Care is committed to protecting the personal data of users.
The information collected through the site is used solely for the provision of our services.
You have the right to access, rectify, and delete your personal data. To exercise this right, you can contact us at the following address: contact@aidiagme.com.
4. Terms of Use of the Site:
The purpose of this website is to provide the User with information about our company and services. However, the information provided on the Site is intended solely as a guideline, and Smart Medical Care reserves the right to update and/or modify, without reservation and without prior notice, at any time and regularly, the information and content of the Site, including the legal notices. Smart Medical Care strives to ensure the proper functioning and cybersecurity of this site as well as the accuracy and updating of the information provided. However, Smart Medical Care cannot guarantee the accuracy, precision, or completeness of the information available on this Site and makes no express, implied, or contractual warranty regarding the Site or its content. It is the responsibility of Site Users to verify the information by other means, including by contacting the company.
The User is aware of the risks associated with using internet services. Therefore, the User acknowledges and agrees to (i) use the Site at their own risk, (ii) that Smart Medical Care will not be held responsible for any interruptions and the consequences that may arise for any User, (iii) that Smart Medical Care reserves the right to correct or remove, at any time and without notice, the general structure of the Site or its contents, (iv) that Smart Medical Care cannot guarantee the completeness or the absence of modifications by a third party (intrusion, virus), and (v) that Smart Medical Care will not be held responsible for any direct or indirect damages concerning any transaction concluded or facilitated by the Site.
Thus, Smart Medical Care disclaims any responsibility (i) for any inaccuracy, error, or omission in the information available on the site, (ii) for any damages resulting from fraudulent intrusion by a third party that led to modifications of the information provided on the site, (iii) and more generally for any direct or indirect damages, whatever the causes, origins, nature, or consequences, caused by accessing or being unable to access the site, or by using the Site and/or relying on any information directly or indirectly from it, or (iv) in case of inability to access this site and/or use the services.
If the User disagrees with all or part of the legal notices, they are strongly advised not to use the Site.
Use of the Site is reserved for Users who are individuals capable of entering into obligations in accordance with French law or by whom they have been authorized for this purpose.
If you are under 18, you can only use our Services under the supervision of a parent or guardian. However, it is specified that the minor may access the Services only to the extent permitted by applicable law or must, if necessary, obtain the permission of their legal representatives under their exclusive responsibility.
Minors, vulnerable adults, or adults under legal protection, must have the registration and access to our Services carried out by their legal representatives (parents, guardians), in accordance with the law, and this must necessarily be done and implemented by them. Minors or those under legal protection may access their AI DiagMe account, except for situations provided by applicable regulations, under the responsibility of their legal representative(s). The User may use the Services on behalf of third parties over whom they have parental authority or for whom they are recognized as guardian or curator in accordance with French law. AI DiagMe reserves the right to request any proof establishing the User’s parental authority or legal representation of the User/Guest.
5. Intellectual Property:
The content of the Smart Medical Care website (texts, images, logos, graphics, etc.) is protected by intellectual property law (copyright, trademarks, patents, etc.) under French and international legislation. Any reproduction, representation, modification, publication, transmission, distortion, in whole or in part, of the site or its content is prohibited without the prior written authorization of the publisher.
The content on the Site is the exclusive property of Smart Medical Care or, where applicable, other individuals who hold the copyright.
Any element or content posted on the Smart Medical Care website cannot be reproduced, distributed, resold, retransmitted, or made available to third parties on a website or any other type of medium or by any means without the prior and express permission of Smart Medical Care and, where applicable, the other individuals who hold the copyright.
Any use of the Site’s content in a strictly private and non-commercial context on your personal computer must always mention the source of the content and include at least one of the following statements: “Exclusive property of Smart Medical Care, all rights reserved” or “Property of Smart Medical Care, all rights reserved.” Smart Medical Care claims no ownership, affiliation, or partnership with any third-party brands or content appearing on the website. Smart Medical Care cannot be held responsible for content provided by third parties. Please ensure that you have obtained all necessary permissions from these third-party sites or companies before making any copies or creating hyperlinks.
Smart Medical Care retains all intellectual property rights to the elements mentioned in this article. Smart Medical Care reserves the right, at any time and without notice, to prohibit third parties from using these elements. In this case, the concerned party will be informed and will have 8 working days to cease these practices.
Failure to comply with the obligations mentioned in this article constitutes infringement and may result in the civil and criminal liability of the infringer.
6. Personal Data:
The Website may collect personal data from its Users to respond to requests, particularly through the “Contact Us” form and the AI DiagMe health form. This personal data may include, in particular, your first and last name, email address, and any other personal information you provide through the Website (via the contact form or while using our services). This information, particularly that collected via the contact form and AI DiagMe health form, is anonymized and recorded in a computerized file managed by Smart Medical Care. The data is anonymized and stored on Microsoft Azure cloud servers, which are secure and certified for Health Data Hosting (HDS), as required for all entities hosting health-related personal data under French law. Processing is carried out based on our legitimate interest in responding to User requests.
Certain data requested in the forms must be provided; otherwise, we may be unable to process your request.
The data collected is intended exclusively for the use of Smart Medical Care and its collaborators, as well as its subcontractors for technical services (e.g., hosting, maintenance). No data is transferred to third parties for commercial purposes without your explicit consent. Access is strictly limited to individuals acting under our authority and instructions, including subcontractors (such as hosting providers) performing their designated tasks. None of the personal data collected through the Website is shared or sold to third parties for commercial purposes. Depending on your use, your data may also be processed by third parties such as Google, Twitter, or LinkedIn when you use certain features of the Website, such as sharing options. We encourage you to review their respective privacy policies before using these features.
The processing of your personal data is based on our legitimate interest in responding to user requests and ensuring the proper functioning of our service. The collected data is primarily used to provide the services offered by the Website, respond to your inquiries or requests, improve our services and user experience, and perform anonymous statistical analyses.
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations. Otherwise, your data will be retained for a maximum of three years after the last use of our services. Anonymized data may be retained for a longer period in accordance with applicable legislation (see GDPR).
In compliance with applicable regulations, individuals whose personal data is collected have the right to access, rectify, delete, and object to the processing of their data for legitimate reasons. Visit the relevant governmental office of your country for more information on your rights. These rights can be exercised by emailing us at contact@aidiagme.com.
In accordance with the applicable regulations, including the GDPR and national provisions on data protection, you have the following rights concerning your personal data:
– Right of access: You may request a copy of the data we hold about you.
– Right of rectification: You may request that your data be corrected if it is inaccurate or incomplete.
– Right to erasure: You may request the deletion of your data, subject to legal retention obligations.
– Right to restriction of processing: You may request a temporary suspension of data processing under certain circumstances.
– Right to object: You may object to the processing of your data at any time for legitimate reasons, including profiling and direct marketing.
– Right to data portability: You may request that your data be provided to you or transferred to another controller in a structured and commonly used format.
To exercise these rights, please contact us at contact@aidiagme.com.
We take all necessary precautions to ensure the security of your personal data against any loss, misuse, or unauthorized access. Appropriate technical and organizational measures are in place, such as encrypting communications and data.
If you believe your rights are not being respected, you can file a complaint with the competent data protection authority.
7. Limitation of Liability
The information and services provided on the AI DiagMe Website are intended to enhance understanding of biological analysis results and do not constitute medical advice or a diagnosis. Users are expressly informed that using the Website does not replace consultation with a qualified healthcare professional, such as a physician. AI DiagMe cannot be held liable for decisions or actions taken by the User based on the information provided by the platform.
AI DiagMe strives to maintain the Website accessible 24/7. However, we cannot guarantee that the Website will be free from errors, interruptions, or malfunctions, nor ensure continuous availability. AI DiagMe shall not be held responsible for service interruptions, delays, errors, or inability to access the Website due to technical disruptions, maintenance, or any other reasons beyond its control, including viruses or third-party attacks.
The content of the Website is provided “as is,” without any express or implied warranties, including but not limited to its accuracy, relevance, or timeliness. AI DiagMe disclaims all responsibility for errors or omissions in the information published, as well as for consequences related to the use of the information available on the Website.
Users acknowledge that they use the Website at their own risk. AI DiagMe shall not be held liable for direct or indirect damages, including data loss, loss of profits, business interruptions, or any other financial or commercial harm resulting from the use or inability to use the Website, including results provided by the platform’s services.
The Website may contain links to external sites over which AI DiagMe has no control. These links are provided for informational or convenience purposes, and their inclusion does not imply AI DiagMe’s endorsement of the content or services provided by these third-party sites. Consequently, AI DiagMe disclaims all liability for the content, products, or services offered by these external sites or for any damages resulting from their use.
In any case, to the extent permitted by applicable law, AI DiagMe’s total liability for any direct or indirect damage or loss resulting from the use of the Website shall be strictly limited to the amount paid by the User for the use of the services.
8. Cookies:
When visiting the Website, information relating to your device’s browsing activity (computer, tablet, smartphone, etc.) may be stored in text files called “Cookies,” which are installed on your device, subject to your preferences regarding Cookies, which you can modify at any time. Only the issuer of a cookie can read or modify the information contained in it.
During your visit to the Website, certain Cookies may be installed when you decide to use certain buttons related to social networks (LinkedIn, Facebook). To learn more about these operators’ cookie policies:
– LinkedIn: https://www.linkedin.com/legal/cookie-policy?
– Facebook: https://www.facebook.com/privacy/policies/cookies/
You can configure your device to disable Cookies at any time. However, please note that such actions may reduce the User experience when navigating our Website.
We also encourage you to explore your browser’s preference menu, where you can usually block certain types of Cookies or delete them after your browsing session.
9. Applicable Law and Jurisdiction:
These legal notices, as well as the Website, are governed by the provisions of French law. By navigating the Website, the User agrees to be subject to French law. Any disputes concerning the validity, application, or interpretation of these terms will, in the absence of an amicable resolution within a reasonable timeframe, fall under the exclusive jurisdiction of French courts, to which the Parties confer territorial jurisdiction, regardless of the place of execution or the defendant’s residence.
The legal notices may be modified at any time, and we encourage you to review them regularly.
For any questions regarding the legal notices or the privacy policy, please contact us at the following email address: contact@aidiagme.com.