General terms and conditions

Legal Notice

Pursuant to Article 6 of French Law no. 2004-575 of 21 June 2004 on confidence in the digital economy, you will find below the information concerning the www.h4d.com website (hereinafter “The Site“):

Owner and publisher of the website (hereinafter “The Publisher“): H4D – société par actions simplifiée à associé unique (French simplified limited company with a sole shareholder) registered with the Paris Trade and Companies Register under number 503 326 506, SIRET (business establishment) no. 503 326 506 00014, having its registered office at 92 Avenue Kléber, 75016 Paris, France. Share capital: EUR 1 513 618,80.

Phone number: +33 (0)1 70 81 49 49

e-mail: contact@h4d.com

Publication Director: Franck Baudino, Phone number: +33 (0)1 70 81 49 33 – contact@h4d.com

Host (hereinafter “The Hosting provider“):  Head Office 14455 N. Hayden Rd., Ste. 226 Scottsdale, AZ 85260 USA

Phone number: +33 (0)9 75 18 70 39
Fax number: (480) 624-2546
E-mail: HQ@godaddy.com

Data Protection Officer (DPO): Bruno Jeantet, bruno.jeantet@h4d.com

 

Accessing the H4D.com website

Use of the www.h4d.com implies full acceptance of the general terms and conditions of use hereinafter described by the user (hereinafter “The User“). In using this site, you agree the following terms and conditions. These terms and conditions of use are binding on the user and may be amended or supplemented at any time: users of the www.h4d.com site are therefore advised to check them regularly. Users shall be informed of updates to these terms and conditions and of the date of such updates by a notification on the site.

The site is normally accessible to users at all times. However, an interruption for technical maintenance reasons may be decided by H4D, who, in this event, shall endeavour to give users prior notice of intervention dates and times.

 

Description of the services provided

The www.h4d.com site give the user the possibility to access a number of services:

  • Access to informations regarding the class IIa medical device Consult Station®, class IIa medical device Consult Access, the app and website imedians.com and mobile app Imedians, website www.jemesurveille.com (hereinafter “The Services“),
  • Access to informations regarding the services offered by the publisher,
  • Access to informations regarding clinical telemedicine, to all news and activity of the publisher,
  • Access to job offers by the publisher,
  • Access to a contextual contact form.

 

Contractual limitations

Site users agree to access the site using recent, virus-free hardware and an up-to-date new-generation browser.

H4D shall not be held liable for direct or indirect damage caused to the user’s hardware while accessing the www.h4d.com site, resulting from the use of hardware that does not comply with the specifications set out in point 4.

Interactive areas (possibility to ask questions in the contact area) are available to users. Users shall be liable for the content they submit to the site and/or the app. H4D does not moderate the content submitted by users and hence does not guarantee its accuracy or its integrity. H4D shall not be liable for the content submitted by users, unless H4D was notified of the existence of unlawful acts or content on the platform and H4D failed to take prompt action to withdraw such information or disable access to it. H4D reserves the right to erase, without prior notice, any content posted in this area that contravenes applicable legislation in France, in particular, provisions regarding data protection. Where applicable, H4D also reserves the right to invoke the civil and/or criminal liability of the user, in particular in the case of messages of a racist, insulting, defamatory, or pornographic nature, regardless of the medium used (text, photos, etc.).

The information contained on this site is as precise as possible and the site is periodically updated, but may however contain inaccuracies, omissions or gaps. If you notice a gap, error or what appears to be a malfunction, please report it by email to the director of publication, contact@h4d.com, describing the problem as precisely as possible (problem page, triggering action, type of computer and browser used, etc.).

All downloaded content is done at the user’s own risk and under his sole responsibility. Consequently, H4D cannot be held responsible for any damage suffered by the user’s computer or any loss of data following the download.

Pictures are not contractual.

H4D cannot be held responsible for hypertext links set up within the framework of this website to other resources on the Internet.

 

Intellectual property and infringement

H4D is the owner of the intellectual property rights or holds the right to use all the elements accessible on the www.h4d.com site, in particular, the texts, images, graphics, logos, icons, sounds and software.

All reproduction, representation, modification, publication or adaptation of elements of the site, in whole or in part, regardless of the means or process used, is prohibited, except for the strictly personal needs of the user or with the prior written consent of H4D.

Any unauthorised use of the site or of any of its constituent elements shall be considered as infringement and shall be prosecuted in accordance with the provisions of Articles L.335-2 et seq. of the French Intellectual Property Code.

Users and visitors to the website can set up a hyperlink to the pages of this site.

 

Personal data management

In accordance with data protection regulations, in particular the French Data Protection Act of 6 January 1978, as amended and updated on 20 June 2018, and the General Data Protection Regulation no. 2016/679 of 27 April 2016, H4D undertakes to protect and respect the confidentiality of its users’ and customers’ data.

An information note has been drafted on personal data protection that could be collected and exploited through the www.h4d.com site may be accessed via this link on the dedicated page personal data management.

A Data Protection Officer, M. Bruno Jeantet, bruno.jeantet@h4d.com, remains available for any question relating to the protection of your personal data.

 

Cookies

The www.h4d.com site uses cookies to ensure its proper functioning, to improve its interactivity and its services. The cookie is a text file that we send to your computer through your Internet browser. The latter aims to facilitate your navigation on our site by loading our web pages more quickly or by personalizing the information we send you. You can choose to delete or refuse these cookies at any time. To find out what to do, go to the “Help” section of your browser’s website. To find out more about cookies click here.

Audience measurement cookies:

In order to adapt the site to the requests of its visitors, we measure the number of visits, the number of page views as well as the activity of visitors to the site and their frequency of return. Google Analytics, the statistical tool used by our site, generates the following cookies: 

  • utma: Used to distinguish users and sessions. The cookie is updated each time the data is sent to Google Analytics.
  • utmb: Used to identify new site visits / sessions. The cookie is updated each time the data is sent to Google Analytics.
  •  __utmt: Used to reduce the demand rate.
  • utmc: Used with the __utmb cookie to identify whether the user has previously visited the site.
  • utmz: Record the source of traffic, the origin of the visit. The cookie is updated each time the data is sent to Google Analytics.
  • _ga: Used to distinguish visitors to the site.
  • gat: Used to limit the request rate. If Google Analytics is deployed via Google Tag Manager, this cookie will be named _dc_gtm_gtm_ <property-id-id>.

Third party cookies:

During your first visit to www.h4d.com, a banner informs you of the presence of these cookies and invites you to indicate your choice. They are only deposited if you accept them or if you continue browsing the site by visiting a second page of our site. You can at any time inform yourself and configure your cookies to accept or refuse them by going to this page.

Here is the list of third-party cookies used on the www.h4d.com site:

  • Tarteaucitron: Retains preferences regarding consent / refusal to deposit cookies.
  • wpml_browser_redirect_test: Used to detect the language of your browser and display the correct version of the site.
  • GPS (YouTube): Stores a unique identifier on mobile devices to allow tracking based on GPS geographic location.
  • YSC (YouTube): Registers a unique identifier to keep statistics on YouTube videos viewed by the user.

Functional cookies:

These cookies allow the site to optimally function. You can oppose and delete them using your browser settings, however your user experience may be degraded.

Data retention:

Cookies stored in your terminal or any other element used to identify you for statistical or audience purposes will have a reasonable lifespan linked within the limit of thirteen (13) months maximum according to the puropose of data processing. This retention period is not automatically extended during your new visits to the site. Beyond this, the raw attendance data associated with an identifier are either deleted or anonymized.

Here is the list of the retained cookies used on the site www.h4d.com:

  • IDE (Google): Used by Google DoubleClick to record and report the actions of the user of the site after he has seen or clicked on one of the advertiser’s ads in order to measure the effectiveness and give him user-targeted advertisements. Expiration: 12 months.
  • VISITOR_INFO1_LIVE (Google): Attempts to estimate the bandwidth of users on pages with embedded YouTube videos. Expiration: 179 days.

 

Applicable law and choice of jurisdiction

Any dispute related to use of the www.h4d.com site can lodge a complaint with the national authority for the protection of personal data, the National Commission for Data Protection (CNIL).

Any dispute in connection with the use of the site www.h4d.com is subject to French law. The relevant courts in Paris shall have exclusive jurisdiction.

The European Commission has developed an online platform for lodging a complaint to an approved dispute resolution body concerning the provision of a service to European consumers. This platform is available at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

 

Relevant key legislation

​ The main legislative and regulatory concerned texts are:

  • Law no. 78-87 of January 6, 1978 regarding data processing, files and freedoms, amended by No. 2018-1125 of December 12, 2018 applied by the law No. 2018-493 regarding personal data protection.
  • The General Data Protection Regulation No. 2016/679 of April 27, 2016.
  • Law No. 2004-575 of June 21, 2004 on confidence in the digital economy.

 

Information regarding H4D medical devices

H4D is the manufacturer of the Consult Station® and the Consult Access software, class IIa medical devices CE0134 cleared.

The Consult Station® is a non-invasive medical device, as a telemedicine booth equipped with sensors and medical instruments. The Consult Station® enables to carry out a health assessment measuring autonomously some physiological parameters and a remote teleconsultation or videoconference with a health professional equipped with the Consult Access software. The results are printed at the end of these sessions.

The Consult Station® allows healthcare professionals to take measurements of key physiological parameters including height, weight, temperature, heart rate, blood pressure and blood oxygen level. Medical examinations can be performed such as an examination of the external auditory canal and the tympanic membrane by an otoscope, a skin examination by a dermatoscope, cardiac and pulmonary auscultations via a stethoscope, as well as an electrocardiogram to measure heart activity. It is also possible to assess the patient’s pain with a visual analog scale as well as the patient’s vision and hearing through a series of visual and hearing tests. Results of blood glucose measurements obtained with a blood glucose meter as well as fundus images from a non-mydriatic retinograph can be fed into the Consult Access software. The Consult Station® is not a diagnostic medical device, only the results of the measurements are provided to users and healthcare professionals teleconsultants.

The Consult Access software, installed on the healthcare professional’s connected computer, allows the healthcare professional to conduct a teleconsultation with a patient installed in the Consult Station® booth. The Consult Access software has a videoconference module to communicate with the patient in the booth and to assist and guide the patient in the measurements and medical examinations that the healthcare professional wishes to perform. The Consult Station® can be used from 14 years old, all minors must be accompanied by a legal representative.