Article 1. Recitals
The Services are published by Deepsmile Technology, a company in société par actions simplifiée form, listed with the Trade and Companies Register (RCS) of Aix en Provence under No. 848 407 987, whose registered offices are located in Aix en Provence, at 7 Boulevard Aristide Briand – email address: email@example.com – intracommunity VAT No. FR 39 848407987 (hereinafter, the «Service Provider).
The publication director is Edouard Ladroit, in his capacity as President.
The service provider responsible for hosting and direct, ongoing storage is AMAZON WEB SERVICES EMEA SARL, whose registered offices are located at 38 AVE JOHN F KENNEDY L 1855 99137 LUXEMBOURG
The Client has subscribed to the Service Provider's general terms of sale for it and, as applicable, for other practitioners working in the Client’s professional operating structure. Under the general terms of sale, the Service Provider agreed to provide a service for transforming images of patients’ face and teeth into a standard used for communications with dentists and oral surgeons with:
- The Client as a sole User, when the Solo plan has been selected;
- Multiple Users, when the Client has selected the Office form for practitioners working in a single professional operating structure.
The purpose of these Terms of Service is to specify the terms and conditions of access to and use of the Services associated with the Solution by the User.
The User acknowledges that the use of the Services requires reading and accepting these TOS as well as compliance with all instructions contained in these TOS.
The User agrees to regularly consult the latest version of the TOS, which may be modified at any time by the Service Provider and without advance notice.
Article 2. Definitions
The terms defined below, whether in the singular or plural form and with or without capital letters, shall have the following meaning:
- «Client»: a natural person or legal entity who has subscribed to the Services supplied by the Service Provider:
- Under the Solo plan, the Client is the sole User of the services for the subscription;
- Under the Office plan, the Client is one of the Users of the services for the one subscription;
- «TOS»: these Terms of Service applicable to Users of the Services;
- «User Account»: space dedicated to the User to enable access to and use of the Services;
- «Personal Information» or «Personal Data»: means any information relating to an identified or identifiable natural person («data subject»). An «identifiable natural person» is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- «Data protection regulations»: All regulations applicable in France and in the European Union in the area of personal data protection, including: the General Data Protection Regulation, the French Data Protection Act; as applicable, the texts adopted in the European Union and local laws that may apply to personal data processed in the context of the TOS; the texts and decisions issued by data protection authorities, particularly the French Data Protection Authority (hereinafter, «CNIL»); as applicable, the texts and recommendations from the Article 29 Working Party, the European Data Protection Board (EDPB) or any organization or authority in the personal data protection sector;
- «Services»: all services supplied by the Service Provider, in compliance with the agreement entered into between the Client and the Service Provider, specified in the «Description of the Services» clause;
- «Solution»: electronic solution enabling access to and use of the Services, presented in the form of a webapp or an API linked to certain business applications which may be used by the User;
- «User»: any natural person, orthodontist, or dentist practicing orthodontia, authorized to access the Services. When the Solo plan is subscribed, the User is the Client;
Article 3. Purpose
The purpose of the TOS is to specify the terms and conditions of access to the Solution and the use of the Services by the Users.
Access to and use of the Services by the User assumes that the User has first read and expressly agreed to these TOS.
Article 4. Requirements
4.1 Legal and professional capacity
The User acknowledges having the legal capacity enabling them to make a commitment under these TOS and, in the case of the use of the Services under the Office plan, having been authorized to use the Services.
4.2 Hardware compatibility
Before any use of the Services, the User is invited to check the compatibility of their hardware and computer configuration with the Services. Communications costs remain payable by the User or, as applicable, by the Client.
The Services may be accessed using a computer (fixed or mobile, Mac or PC).
The Client is urged to verify the compatibility of the hardware and computer configuration with the Solution. The Client must make sure that they have the following minimum configurations:
- In addition to a computer, the User must have a minimum of the following browser versions:
- Internet Explorer:
- IE 11 under Windows 8 +
- IE 11 under Windows 7 with the Flash plug-in installed
- Edge 14+
- Firefox 51+
- Chrome 49+
- Safari 10+
- Opera 44+
- Internet Explorer:
The User or, as applicable, the Client is solely responsible for the use and security of the terminals and IT systems used, and shall be solely responsible for electronic communications costs (Internet access in particular).
The procedure for using the Services through the business applications listed on the website, www.oralpix.com, is specified when the Client subscribes to the Services.
Article 5. TOS Acceptance and Enforcement
Users may use the Services as long as they agree to these TOS first.
The User declares having obtained from the Client or Service Provider all necessary information regarding the Services and agrees to these TOS without reservation.
The User has the option to save and print these TOS using the standard features of their web browser.
The User is informed that their agreement to these TOS is formalized by checking the box next to the text, «I have read and agree to the Terms of Service» and hitting the confirm button that pops up the first time the User accesses the Solution and the Services and does not require a handwritten or electronic signature.
That acceptance constitutes the proof that the User has read said provisions and implies the acceptance of these TOS.
These TOS are enforceable upon the User from the time of their acceptance before the first use of the Services.
When the User no longer uses the Services, they remain responsible for all previous use thereof.
The TOS are subject to change or development at any time by the Service Provider, particularly in the event of a change to the Solution or the Services.
In the event of a change to the TOS, the new Terms of Service will be notified to the User and will have to be accepted by the User again.
Article 6. Access to the Services
Access to the Solution and the Services is reserved for authorized Users.
The User hereby agrees to access the Services only in their professional practice and for a professional purpose strictly necessary to the care of patients or for coordination and continuity of care.
6.1 Access procedure
Activating a User Account is a necessary requirement for accessing the Solution and using the Services.
The User Account is activated through the Solution. It involves the following steps:
- Initializing the User Account creation;
- Solo Plan: the User creates their account when subscribing to the Services, directly on the Solution, in particular indicating their email address and choosing a password in the required format;
- Office Plan: the User creates their User Account directly on the Solution, in particular indicating their email address and choosing a password in the required format;
- The User reads the TOS and agrees to them by checking the box provided for that purpose and hitting the Agree button. If the User does not agree to the TOS, the registration process is interrupted.
Each time they access the Services, the User enters their email address and password.
6.2 Password Management
The password selected by the User must be composed of at least eight characters, must contain three different types of characters from the four existing character types (uppercase, lowercase, numbers, and special characters) and not be related to the user (name, birthdate) in accordance with the recommendations of the French Data Protection Authority (CNIL).
With regard to password management, the User is hereby informed that:
- They may not reuse the last three passwords;
- Three successive incorrect password entries will temporarily lock out the access to the User Account;
- Ten successive incorrect password entries will lock out the access to the User Account. The User is then prompted to contact the Service Provider;
The User is solely responsible for the protection and confidentiality of their login ID, password, and the security and confidentiality of the channel (email address or telephone number) they choose to receive their single-use code. The User agrees to take all useful measures to protect such authentication resources under conditions ensuring their security and their full confidentiality.
All use of the Services with the User’s login ID and authentication method is presumed to be conducted in the User’s name.
In the event the User loses, forgets, or inadvertently discloses their password to a third party, they hereby agree to inform the Service Provider of that immediately.
The Service Provider may not be held liable by the User in the event of fraudulent use or misuse or due to a voluntary or involuntary disclosure of their login ID and/or means of authentication.
Access to the Solution and the Services is reserved for authorized Users, having access to the Internet and meeting the requirements of these TOS.
All costs related to access, whether hardware or software costs, or Internet access costs are payable exclusively by the User or Client. The User is responsible for the proper functioning of their equipment as well as their Internet access.
The Solution and the Services are accessible 24/7, subject to suspension periods, particularly for maintenance purposes.
In fact, the Service Provider reserves the right to interrupt the Services for maintenance purposes, particularly to make an update, conduct maintenance operations, modifications, or changes to operational methods, servers, and accessibility times, without this list being exhaustive. The Service Provider shall make its best efforts to conduct such operations during periods that are the least detrimental for the User’s access to the Solution and to the Services.
The TOS grant no performance guarantee, availability guarantee, or accessibility guarantee regarding the Solution and/or the Services.
The Service Provider reserves the right to supplement or modify the Solution and the Services which are available at any time, based on changes in technologies.
Article 7. Duration - Suspension and closure of access to the Services
7.1 TOS duration
The User will have access to the Services starting from their acceptance of these TOS and until the occurrence of the events provided for below.
7.2 Suspension or closure
The User will have access to the Services until the occurrence of one of the following events:
- The closure of the User Account by the User or, as applicable, the Client, including if the agreement binding the Client to the Service Provider is canceled or expires;
- When the Office plan has been subscribed to, the termination or change in relations binding the User to the Client.
Moreover, in the event it is suspected that there is fraudulent use of the User Account or sharing of a single User Account by multiple users, the Service Provider reserves the right, without any compensation or advance notice, to shut off access to the Services by the User.
In the event of a breach of the obligations under the TOS, the Service Provider reserves the right, without compensation or advance notice, to suspend access to all or part of the Services by the User until the cause of the suspension has been removed, or to eliminate that access depending on the severity of the breach. The User acknowledges that the Service Provider may not be held liable with regard to it or third parties for the consequences of the closure or suspension of access to the Services.
7.3 Consequences of the suspension or closure of access to the Services
In the event of a suspension, access to the Services will be blocked for the User until the Services are reinstated.
In the event of a closure, access to the Services will be blocked for the User permanently.
In all cases, the User remains responsible for all use of the Services prior to the account closure or suspension.
Closure of the access to the Services shall automatically result in the termination of these TOS.
Article 8. Description of the Services
The specifications for the Services are available directly on the Solution concerned or contained in the appendix, «Description of the Services».
The Services are never intended to replace the User’s patient medical record. In this respect, some data are deleted at the end of transformation of the image, once the image is uploaded/downloaded or when the User logs out from the webapp. Consequently, the User is, as applicable, obligated to duly fill out the medical record for each patient, except for the shared medical record, as applicable, the regime for which is established in Articles L. 1111-14 et seq. of the French Public Health Code, in accordance with ethical and professional obligations with regard to the keeping and storage of medical records.
The use of the Services has been the subject of a contract between the Service Provider and the Client. However, the costs of access (particularly Internet subscription) remain payable by the User or the Client.
Article 9. The User’s Obligations
9.1 Principles of use
The User acknowledges that they use the Services under their exclusive responsibility. The User agrees to immediately notify the Service Provider of any fraudulent use of their User Account that they find out about.
The User is responsible for the accuracy of and updating the information and content they provide when confirming their access to the Services and in the context of the use of the Services.
The User agrees not to use the Services as well as all of the information to which they may have access except for reasons strictly necessary to the care of users and patients, as well as to the coordination and continuity of care and for a purpose compliant with these TOS, public policy, morals, and rights of third parties. The Services are not intended to be used in a personal setting.
The User is prohibited from any action, behavior, or statement that may violate current laws and regulations in effect, morals, rights of third parties, the normal operation of the Solution and the Services and these TOS.
In this respect, the User hereby agrees not to share their User Account with other users. The User acknowledges that the Service Provider reserves the right to conduct any verification it deems useful to observe compliance or non-compliance by the User with their obligations, particularly through audits making it possible to detect any abnormal or unauthorized use of the Services. In this context, the User agrees to supply the Service Provider with all necessary information to provide proof of compliance with the obligations provided for in these TOS.
The User also agrees not to unlawfully access or attempt to access other networks or IT systems connected to the Solution, not to interfere in the use and enjoyment of the Solution by the other Users, and not to introduce viruses, malicious code, or any other technology harmful to the Solution or the Services that are offered on the Solution.
9.2 Information regarding their situation
The User agrees to immediately inform the Service Provider of any change in their personal situation declared when creating their User Account (particularly, for an Office plan: departure from the organization, change in assignment, etc.).
9.3 Care provided to patients
The User acknowledges and accepts that the Users and/or Client are responsible for:
- The level of management, competency, fairness, efficacy, and use of the Solution and the Services in the treatment of patients;
- Compliance with laws, regulations, and obligations regarding the treatment of users and patients;
- The accuracy, entirety, and thoroughness of any data entered in the use of the Services.
9.4 Improving the Portal and the Services
The User agrees to contribute to improving the Solution and Services, by reporting any malfunctions and, as applicable, suggesting any improvements. With that in mind, the User is invited to contact:
- By email: firstname.lastname@example.org
The User also agrees to work with the Service Provider, and in particular to report to the Service Provider any breakdown of the Services that they observe and any manifestly unlawful content.
9.5 Respect for the rights of users and patients
The User, and as applicable, the Client, as the data controller for the patients’ Personal Data, is exclusively responsible for:
- Information related to the processing of Personal Data;
- Collecting the consent from each patient, as a basis for the lawfulness of the data processing.
As applicable, the Service Provider may advise the User regarding resources to be implemented and/or provide informational notice templates appropriate for one or more data processing operations.
However, providing information and, as applicable, gathering consent, and respecting patients’ rights shall be carried out by the User or the Client by any means the User or Client deems appropriate to their organization.
Furthermore, the User agrees to download into the Solution only images that do not contain directly identifying data on the patient (last name, first name, etc.).
Article 10. The Service Provider's Responsibility
The Service Provider shall make its best efforts to offer Users quality information or Services, but may not be held liable for any direct or indirect damage or harm resulting from:
- An interruption or malfunction of the Solution and the Services tied to the User’s or Client’s IT system and network.
- The propagation of computer viruses or malware, regardless of the form;
- An incompatibility of the User’s computer equipment with the Services;
- Fraudulent use or misuse or use due to a voluntary or involuntary disclosure by the User of their login ID and/or password to anyone;
- Errors, inaccuracies, or omissions regarding the data entered by the User when creating their User Account;
- The non-performance or improper performance of the TOS attributable to the User;
- A force majeure event or act of god.
The Service Provider may not in any case be held liable for the actions performed by the User in the treatment of users and patients, with the User not acting on behalf of the Service Provider.
Any damages, losses, costs, and fees that may be the consequence of a breach by the User of one or more obligations under the TOS shall not result in restitution.
This clause shall remain applicable in the event of the invalidity, cancellation, termination, or elimination of these contractual relations.
Article 11. Protection of Personal Data
The Service Provider shall make its best efforts to process personal data in compliance with the regulations governing personal data protection, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, also known as the «GDPR,» and any subsequent regulations.
The main categories of data collected in the context of the Services are as follows:
- Data regarding patients: images containing patients’ faces.
- Data regarding the user: last name, first name, gender, email address, password, telephone number, business address, professional operating structure, if a business application is used, data regarding logins and actions on the Services.
In accordance with the data protection regulations, the Service Provider acts as:
- The data controller with regard to the processing of data associated with User Accounts;
- The Client’s processor with regard to the processing of patient data.
11.1 Service Provider, data controller
11.1.1 Data concerned
The use of the Services assumes the processing of personal data concerning the user, including:
- Identity and identification data for the user (last name, first name, gender, password, telephone number, email address);
- Data regarding the user’s profession (professional operating structure, business address);
- Data tracking logins and actions on the site (IP address, login date and time, type of action performed, etc.);
Otherwise, the Services may not be supplied to the User.
11.1.2 Purposes of and legal basis for processing
The purpose of such processing, conducted based on these TOS, is to:
- Provide and manage the Services described herein, particularly the creation and management of the User Account;
11.1.3 Data recipients
The recipients of such data are the Service Provider's staff and subcontractors, within the limits of their duties and in compliance with the aforementioned purpose.
No data transfers outside the European Union are conducted.
11.1.4 Data Retention
The personal data are retained throughout the contractual relationship between the Service Provider and the Client, and deleted or returned at the end of that relationship.
Longer retention periods may be determined in order to ensure compliance with statutory or regulatory obligations.
11.1.5 The User’s Rights
The User is informed:
- When a personal data collection form is used, of the mandatory or optional nature of the responses, by the presence of an asterisk (*);
- That the consequence of the failure to provide data through the form shall be not to enable the User to create a User Account and/or use the Services;
- That they have the right to request access to the data concerning them, the correction or, as applicable deletion of such information, and to limit processing, as applicable, for legitimate reasons. They also have the right to establish directives regarding the fate of their data after their death. When processing is carried out through automated processes, the User also has the right to the portability of the data they have provided, which means they have the right to ensure that their personal data is transmitted directly by the Service Provider to another data controller, in a commonly used, structured format readable by machine when technically possible.
The User may exercise the aforementioned rights, by providing proof of identity and notifying the Service Provider or its Data Protection Officer:
- By email to the following email address: email@example.com.
In the event of unlawful processing, the User is informed that they have the right to make a complaint with the French Data Protection Authority (CNIL).
The User is informed that, when using the Services, one or more cookies may install automatically on their terminal.
A cookie represents a block of data which is not used for identification purposes, but which is used to record information regarding the User’s browsing on a website or application.
Cookies make it possible to recognize the user when they log in to the Services, as well as to personalize the information delivered to them.
Configuring the Solution makes it possible to inform the User of the presence of one or more cookies. The User may reject cookies.
For your information, users may receive additional information:
- From the publishers of their software, on their website;
- More generally, on the CNIL website at www.cnil.fr, by using the keyword, «cookies» in search engines.
The User is informed that disabling cookies may prevent the use of certain features of the Services.
The User has the same rights regarding the personal data communicated through cookies as those described in the clause entitled, «The User’s Rights.»
11.2 The Service Provider as data processor
In the context of providing Services to the User, the Service Provider is acting as the data processor for the Client. In this capacity, it processes the personal data on its behalf and according to its instructions.
Article 12. Intellectual Property Rights
12.1 The Service Provider's elements
The TOS do not involve any sort of transfer of the intellectual property rights and elements belonging to the Service Provider or to the holders of such rights.
The Services and the Solution, including all formats, conception, design, tools and all software and programs, documentation, ideas, related methodologies, trademarks, drawings, models, images, texts, photos, logos, graphic charters, audio, video, domain names, design; the tools, databases, software, inventions, developments, methodologies or innovations designed, developed, or supplied by the Service Provider in the context of the support of the Services and the Solution; and the intended results, as well as all derivative works, improvements, or other modifications of any of the aforementioned elements are the exclusive property of the Service Provider and are protected by all intellectual and industrial property rights recognized by current laws in effect.
Any total or partial reproduction and/or representation of such rights, without the Service Provider's express consent is prohibited and would constitute infringement rendering the infringer civilly and criminally liable.
Consequently, the User is prohibited from any schemes or acts that may directly or indirectly infringe upon the Service Provider's intellectual property rights.
12.2 Third party elements
The elements belonging to third parties, including but not limited to trademarks, logos, texts, audio, are the exclusive property of their author and in that respect are protected by copyright, trademark, or any other right acknowledged by current laws in effect.
The User is prohibited from directly or indirectly infringing upon the property rights of third parties, whose content is on the Solution and is prohibited from using such elements in any way whatsoever.
The User agrees to respect all rights of third parties, whose content is found on the Solution.
Article 13. Hyperlinks
The Solution may contain hyperlinks giving access to third party websites.
The User is formally informed that the sites which they may accent through hyperlinks do not belong to the Service Provider.
The Service Provider declines all responsibility regarding the content of the information provided on such sites following the activation of the hyperlink and regarding the confidentiality policy of those sites. The User may not invoke the Service Provider's liability in the event of any sort of loss or damage whatsoever due to the activation of such hyperlinks.
Article 14. Insurance
The Service Provider hereby warrants that it has taken out an insurance policy with a reputably solvent insurance company for all financial consequences of its civil, professional, criminal and/or contractual liability due to physical, material, and immaterial harm caused to the User and to any third party in the performance of these TOS.
Article 15. General Provisions
15.1 Notifications and Complaints
All notifications and complaints must be made in writing and may be sent to
- by email to the following address: firstname.lastname@example.org
The User agrees that the fact that the Service Provider tolerates a situation shall not have the effect of granting the User any rights.
Moreover, such tolerance shall not be interpreted as waiving the rights in question.
If one or more provisions of these TOS are found to be invalid or are declared as such in accordance with a law, regulation, or following a res judicata decision handed down by a competent court, the other provisions shall retain their full force and scope.
15.3 Governing Law
These TOS are governed by French law.
The same applies to substantive rules and formal rules, with the places of performance of the substantive or ancillary obligations notwithstanding.