Legal notices

 31 July 2017

1. Presentation

In accordance with the French law on confidence in the digital economy (article 6 de la loi n° 2004-575 du 21 juin 2004 La Confiance dans l’Economie Numérique: LCEN) following the implementation of EU Directive 2000/31/EC of the European Parliament and of the Council of June 8th, 2000, called Directive on electronic commerce, supplemented by Decree No. 2007-750 of May 9th, 2007 on the trade and companies register and amending the commercial Code, amended by law No. 2008-3 of January 3rd, 2008.

To the attention of users, the identity of the various contributors’ stakeholders of www.dravet-syndrome.info is hereby mentioned.

Owner: BIOCODEX

R.C.S. Creteil B 562 064 600

N°SIRET 56206460000090

S.A.S under the French law – Capital 4 284 000 €

Address: 7, avenue Gallieni

94257 GENTILLY Cedex

FRANCE

Contact information: contact@dravet-syndrome.com

Publication Director: Marie Emmanuelle Le Guern, MD

Editorial Managers : Mehdi Metheni, Thomas Couroussé, Fernand Coriat

Web host: BIOCODEX – France

7, avenue Gallieni

94257 GENTILLY Cedex

FRANCE

Web designer/Webmaster: HENRI 8 – France

86, avenue des Ternes

75017 PARIS

FRANCE

Pictures/Videos/Audio Credits: BIOCODEX image library

2. General conditions of site use and offered services

Your access and use of www.dravet-syndrome., and any of its sub-domains and/or directories, as well as to its applications and functionalities and all the related information or communications including e-mails (the “Site”), is subject to the following terms and conditions, regarding the privacy policy, the pharmacovigilance notice and all applicable laws and regulations. All users must carefully read this legal notice.

 

By accessing and browsing the Site, you declare to fully understand, accept and agree to, without limitation or qualification, the following terms and conditions as well as any other notices or instructions that may be provided to you by BIOCODEX. In case you do not agree with any of the following terms and conditions, please do not access the Site.

 

Moreover, you acknowledge that any other agreements between you and BIOCODEX are superseded and of no force or effect with respect to your access and use of the Site.

 

To the extent allowed by applicable laws, BIOCODEX may, at any time, revise the terms and conditions of this agreement governing the use of the Site. If any terms and conditions contained in this Legal Notice are changed, the amended notice will be posted on the Site. You are bound by any such revisions and should, therefore, periodically review these terms and conditions.

This site is normally accessible to users at any time. An interruption for technical maintenance reasons can however be decided by BIOCODEX, who will make every effort to communicate to users ahead of time, the date, time and duration of the intervention.

 

No medical advice

The Site does not provide medical advice. The BIOCODEX products or other pharmaceutical products that may be described on this Site (if any) may be available only by prescription from a licensed healthcare professional. BIOCODEX is not engaged in rendering medical or similar professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a healthcare professional. If you desire or need such services or advice, you should promptly consult a healthcare professional.

If you are a healthcare professional, please do not rely solely on the data herein for specific information about a particular pathology and/or detection, diagnosis, prognosis, administration, and, where applicable, appropriate treatment for each specific case. While the data may be updated periodically, users should independently consult the official full prescribing information for any pharmaceutical product referred to in this Site for latest and complete information.

3. Description of provided services

www.dravet-syndrome.com is designed to provide information on Dravet Syndrome or Severe Myoclonic Epilepsy in Infancy (SMEI).

While BIOCODEX uses reasonable efforts to include accurate and up-to-date information in the Site (by complying with its internal processes for review and approval of all the contents) it makes no warranties or representations as to its accuracy. BIOCODEX assumes no liability or responsibility, to the extent permitted by laws, for any errors or omissions in the content of the Site. However, it cannot be held responsible for omissions, inaccuracies and update deficiencies, when they are originating from third party partners who provide this information.

Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

4. Contractual limitations on technical data

BIOCODEX is not responsible nor can it be found liable for any use of the Site that could be contrary to these terms and conditions, the privacy policy, and all applicable laws, codes and regulations. The users will be solely liable for the use they make of the Site.

BIOCODEX shall not be held liable for property damage related to the use of the Site. In addition, the user of the Site makes the commitment to access www.dravet-syndrome.com using recent hardware, containing no virus and with up-to-date browser.

Despite BIOCODEX reasonable efforts to implement and keep high technical standards and efficient measures, your use of and browsing of www.dravet-syndrome.com are at your risk. Neither BIOCODEX nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. BIOCODEX assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site, or in case of technical problems totally or partially affecting the availability and correct functioning of the Site.

5. Counterfeits and intellectual property / Copyrights protection trademarks

BIOCODEX is the owner of the intellectual property rights or hold the rights to use all contents available on the site, including texts, images, graphics, logo, icons, sounds, videos, and software.

Any reproduction, representation, modification, publication, adaptation of all or part of the Site elements, regardless of the medium or the process used is prohibited without prior BIOCODEX’s written consent.

Any unauthorised use of the Site or any element it contains will be considered in accordance with the French law on intellectual property (articles L.335-2 and following from the Code de Propriété Intellectuelle) as an infringement and therefore lead to prosecution.

6. Limitation of liability

BIOCODEX cannot be held responsible for direct or indirect damages caused to the user’s hardware when accessing the Site, and resulting from either the use of equipment not conforming to the specifications given in section 4, or the appearance of a bug or an incompatibility.

Certain areas of the Site may enable you to submit or exchange comments, opinions, materials or any kind information, and to submit e-mails, or otherwise provide feedback to BIOCODEX. BIOCODEX does not endorse, and specifically disclaims, any responsibility or liability for any content in these forms (the users will be solely liable for the information, data, comments, opinions and/or materials they submit). You may not post or anyhow transmit or exchange any data which could contravene the applicable French legislation, comment, opinion, information or material that is contrary to ethics, morality or public order, unlawful, false, unfair, unbalanced, exaggerated, inappropriate, inexact, threatening, libellous, defamatory, obscene, insulting, offensive, pejorative, indecent, inflammatory, pornographic, profane, that could be disparaging in any way, or that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or applicable pharma industry code or regulation or that could not be adequate for the intended audience of the functionality.

Notwithstanding the foregoing, BIOCODEX reserves the right to withdraw users’ access to any service if it becomes aware of any improper use (e.g. submission of content that is illegal, immoral, contrary to public order, contrary to these terms and conditions …etc), and also reserves the right to remove the said improper content.

7. Management of personal data

In France, personal data are specifically protected by Law 78-87 of January 6th, 1978, law 2004-801 of August 6th, 2004, article L 226 – 13 of the Code Penal and European Directive of October 24, 1995.

Upon use of www.dravet-syndrome.com , various information can be collected, namely: URLs of the links through which the user accessed the Site, the user’s Internet Service Provider (ISP), user’s IP address (Internet Protocol address of the user), operating system, internet navigating system, date and time of access.

Should BIOCODEX collect personal data about the user; it is only for the needs of the proper functioning of certain services offered by www.dravet-syndrome.com. The user is aware of providing information when inputting them by himself. In such cases, the user will be informed if it is mandatory to provide such information.

In agreement with the provisions of articles 38 and following of law 78-87 of January 6th, 1978 of the Code Penal relating to data processing files and freedoms, any user has a right to access, rectify and oppose personal data relating to him, by making a written request, signed and accompanied by a copy of an identification paper with the holder’s signature, stating the address to which the reply must be sent.

No user’s personal information is published without his acknowledgement, nor is it exchanged, transferred, given away or sold to third parties on any support. Only under the hypothesis of a buyback of BIOCODEX, the previously mentioned user’s rights would be transmitted to the purchaser who would in turn be subjected to the same obligation of conserving and modifying the data pertaining to the user of www.dravet-syndrome.com.

The Site does not require a declaration to the CNIL (Commission Nationale Infomatique et Libertés) since it does not collect personal identifying information.

According to the law of January 6th, 1978 amended in 2004, this file is exempt from declaration to the CNIL in accordance with the rules laid down by exemption No. 7 concerning non-commercial communication files (see text below).

Exemption No.7 (former No. 15 simplified standard) concerns processing of personal data implemented by any private or public organisation for external information and communication purposes. It applies to institutional websites and contact files.

It excludes any commercial or political use of the data processed. The exemption provides that only data relating to the identity, professional life, personal interests of the person concerned can be stored, with the exception of the so-called sensitive information such as racial or ethnic origin, political, philosophical or religious opinions, trade union membership, and health or sexual preferences of people. These data can be retained for the duration required to achieve the planned objectives and an annual update should be planned.

The persons concerned must be informed when the data is collected and later used for communication and information purposes, and the possibility to oppose it.

The databases are protected by the provisions of the law 98-536 of July 1st, 1998 of the « Code de la Propriété Intelectuelle », being a transposing of European directive 96/9 of March 11st, 1996 in the relative to the legal protection of the databases.

8. Hypertext Links and cookies

Surfing on www.dravet-syndrome.com is likely to cause the setup of cookie(s) on the user’s computer. A cookie is a small file, which does not identify the user, but records information about the navigation of a computer on a Site. Such data obtained are intended to facilitate subsequent surfing on the Site, and are also intended to collect various statistics on attendance.

Refusing the installation of a cookie may make it impossible to access some services.

9. Link to other websites

10. Governing law – Applicable law and attribution of jurisdiction

This agreement and its performance shall be governed by French laws, without regards to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the courts located in France, in all questions and controversies arising out of your use of the Site and this agreement.

11. Intended Audience and Territory

12. The main concerned laws

Law No. 78-87 of January 6th, 1978, amended by Act n ° 2004-801 of August 6th, 2004 relating to computing, files and freedoms of the Code Penal.

Law No. 2004-575 of June 21st, 2004 about confidence in the digital economy.

This agreement is in English and the parties agree that the English version shall prevail to the extent of any inconsistency with any translations of this document.

 

Electronic Mail:

Use the form below to contact us by e-mail.

Fields marked with a * are mandatory.

* Your name and surname

* Electronic address

* Full mailing address (Please specify your country outside France)

* Subject of your message

* Specify your request

 

All users who filled personal information on the Site have the right of opposition (article 38 of the law), access (articles 39, 41 and 42 of the Act) and rectification (article 40 of the Act) of such data (all previous paragraph articles being in the Code Penal). Thus, he can require that they be rectified, completed, clarified, updated or deleted if those information are inaccurate, incomplete, ambiguous, outdated, or whose collection or use, communication or conservation is prohibited.

Each user can exercise these rights by writing to BIOCODEX 7, avenue Gallieni – 94257 GENTILLY Cedex – France.

The written and signed request must be accompanied by a copy of an identification paper with the holder’s signature, stating the address to which the response must be sent.