General Terms of Use for the MASK-COVID mobile application

Version 2.0 of 20/05/2020

A presentation of MASK-COVID

The application you are about to download has been designed to enable the user to record and monitor the development of their symptoms during the COVID-19 pandemic. The application can be used on a strictly individual basis to simply monitor the development of symptoms and risks. The application can also be used at the request of the organisation (health care or other) to which you belong, to ensure the details of these symptoms and risks are notified to the organisation’s management team anonymously, to enable them to take the best possible decisions as soon as possible to protect the health of their staff and to ensure the continuity and effectiveness of their services.

This application, which has been designed to run on a mobile telephone and not a tablet or computer, is the property of KYomed INNOV. It was developed by Peercode (Peercode BV, Oudenhof 4, 4191 NW Geldermalsen, Netherlands https://www.peercode.nl/nl/welkom/).

Legal Information

KYomed INNOV SAS, a simplified joint stock company with a registered capital of 9,000 euros, Cap GAMMA, Parc Euromédecine, 1682 rue de la Valsière, CS 17388, 34184 Montpellier CEDEX 4, France (FR), registered in the Trade & Company Register of Montpellier under the number 801505561 000 10 and APE code 7490B; Telephone number: +33 (0)411 950139; https://www.kyomedinnov.com/; Publication Manager: Daniel Laune; Hosted by: CloudVPS, Oostmaaslaan 71 15th floor, 3063 AN Rotterdam, Netherlands; Telephone: +31 (0) 85 7600233; https://www.cloudvps.com/)

Accessing the application

The application is accessible 24/7 except in the event of force majeure or the occurrence of an event outside KYomed INNOV’s control, and subject to any possible breakdowns or maintenance work necessary to ensure the application’s satisfactory operation. KYomed INNOV may not be considered liable if access to the application is interrupted due to maintenance or update operations or technical improvements, or work intended to improve its content or presentation, when such interruptions have been announced and when they do not exceed the norms of the profession in such matters.

The User will exclusively assume all hardware and telecommunication costs required to access the application. The User hereby declares that he is familiar with and accepts the characteristics and limitations of the mobile Internet and of operating systems for applications. It is his responsibility to take all appropriate measures to protect his equipment from viruses circulating on the Internet, for which KYomed INNOV may not be considered liable.

The User assumes sole liability for any use which may be made of his account and agrees to inform KYomed INNOV immediately of any unauthorised use of his account. If KYomed INNOV has legitimate grounds to believe that the security of the service has been compromised or that the service is being used incorrectly due to unauthorised use, it may temporarily suspend the User’s account to protect the integrity of the data.

The impact of installing the application on your telephone

The application was developed in accordance with security rules. Peercode and KYomed INNOV cannot be considered liable for any problems with your personal telephone after the application has been installed. If your telephone’s operating system (Android/ iOS) is updated, it is your responsibility to install the necessary updates to keep the application running normally.

This application can directly or indirectly supply links to other information, such as information on websites hosted by third parties over which KYomed INNOV has no control, and for which it cannot be considered liable for the use or content of this information.

Updates and modifications to functions

KYomed INNOV reserves the right to make modifications to the application’s functions and/or update the information, products and services shown in this application at any time without notice. The User assumes sole liability for updating the application to the successive versions on his mobile telephone.

Scope and end purpose of the application

This application enables you to voluntarily record your personal symptoms and to view the results in graphical form. A COVID-19 contagion risk assessment can be displayed. You can share this information with a health professional. The use of this application cannot replace medical advice or medical treatment.

Protecting your privacy

This application has been designed to help you monitor your symptoms while at the same time protecting your privacy.

To register, you will be asked to verify and confirm your e-mail address. The User agrees to supply accurate information, and in particular to provide a valid e-mail address of which he is the owner. The User agrees to create only one account for his profile. Failing this, KYomed INNOV reserves the right to suspend the User’s account if it has serious and objective grounds to do so. This registration information is stored in a database, which is separate from that which stores your personal information necessary to monitor your symptoms and is protected by irreversible encryption.

Thereafter, only the minimum information necessary to monitor your symptoms is collected by the application. The information is collected anonymously via the MASK-COVID application and its categories are:

1. A general profile (gender, year of birth, work type, your lockdown status (at home, hospitalised, in a restricted area, etc.)),
2. A summary of your respiratory history (for example: asthma, allergies, COPD), symptoms (for example: cough, headache, temperature, etc.; using an analogue visual scale, the severity of the symptom is converted into a number between zero and 100), the answers given to the questions (yes/no/don’t know) and your weight and height.

All of the information recorded in the application is part of the self-declaration process and can be used by a health professional for information purposes only, with no guarantee of its accuracy or comprehensiveness. The User agrees to supply accurate and truthful data. KYomed INNOV cannot guarantee the benefits of the application if the User data is inaccurate or untruthful.

No advertising of any form will be sent to you via the MASK-COVID application.

The legality of the information supplied by the User

User Content posted online by any User on the MASK-COVID® Mobile Application must comply with the applicable legal and regulatory requirements, and in particular must not contravene a third party’s intellectual property rights, must not adversely affect any person (including through defamation or insults, etc.) must not harm the image of property and/or persons, must not infringe privacy and must not violate public order, public policy and/or common decency. Users warrant to KYomed INNOV that they possess all rights and authorisations necessary to publish the User Content they post online via the MASK-COVID® Mobile Application.

The User is hereby informed that it is prohibited to publish User Content likely to constitute any of the following among others: attempted justification of crimes against humanity, incitement to commit acts of terrorism and their justification, incitement of racial hatred, of hatred against persons due to their gender, sexual orientation or identity, their disability, in addition to child pornography, incitement to violence, including violence against women, and affronts to human dignity.

Use of the application by minors

KYomed INNOV neither collects nor uses any data concerning minors (under 18s). We do not allow any minors we may identify as such to communicate with us or to use our services. If you are a parent and discover that your child has supplied information to us, please contact the KYomed INNOV’s data protection officer using one of the methods shown below in order that we may resolve the matter together.

Cookies

This application does not use cookies to obtain information about your use of the application. Only a temporary or so-called “session” cookie will be used for connectivity reasons. “Session” cookies are temporary pieces of information which are deleted once you close the application. Personal data such as a telephone number or e-mail address cannot be traced through the use of “session” cookies. You can find more information about cookies on the following website: www.allaboutcookies.org.

The processing of personal data

Data controller and data protection officer. – KYomed INNOV, having its registered office at 1682 rue de la Valsière, 34184 Montpellier, France, processes personal data concerning the User. KYomed INNOV acts in this respect as the data controller under the terms of regulation 2016/679 of 27 April 2016, also known as the General Data Protection Regulation or GDPR. KYomed INNOV has appointed a data protection officer, the contact details for whom are as followss: mesdonnées@kyomed.com; KYomed INNOV, Data Protection Officer (DPO), 1682 rue de la Valsière, F-34184 Montpellier, France

End purposes of the data processing. – The User’s personal data is processed by KYomed INNOV in order to verify the User’s e-mail address; to gather the User’s general profile data; to gather data concerning the User regarding his symptoms and risks; to enable the User to monitor the development of his symptoms; to enable the User to share the data collected by the application with a health professional of his choice; where applicable, to send managers of the organisation anonymous data concerning those Users who are members of its departments and/or process anonymized data for scientific and medical research

The legal basis for the data processing. – The processing of the User’s personal data by KYomed INNOV is based on the following legal basis: the data subject’s consent to the processing of his personal data for the above-mentioned end purposes (GDPR, Article 6 §1 a); the data subject’s explicit consent to the processing of his personal health data (GDPR, Article 9 §2 a) for the above-mentioned end purposes.

Recipients of the data. – KYomed INNOV may supply your data to subcontractors (health data hosting services, HDHS), to the health professional of your choice or, where applicable, to the managers of the organisation to which you belong.

Data transfer within the European Union. – KYomed INNOV will not transfer the Users’ personal data outside the European Union.

The User’s rights. – In application of Articles 15 to 22 of the GDPR, the User has the right to obtain confirmation that personal data concerning him is or is not processed and, if it is, to access the said personal data; the right to rectify any inaccurate personal data concerning him; the right to obtain the deletion of personal data concerning him in certain cases; the right to limit processing in certain cases; the right to withdraw his consent for the processing of his data at any time, without this affecting the legality of processing based on consent granted before the consent was withdrawn; the right to receive the personal data he supplied to KYomed INNOV in a structured, commonly used and machine readable format (a .csv file for example ) and/or to ask KYomed INNOV to forward this data to another data controller; the right to oppose the processing of personal data concerning him for reasons related to his particular situation in certain cases; the right not to be subject to a decision based exclusively on automated processing producing legal effects concerning him or affecting him significantly in a similar manner.

The User also has the right to define, modify or revoke any instructions at any time concerning the storage, deletion and communication of his personal data after his death in application of Article 85 of Law Number 78-17 of 6 January 1978 (modified) also known as the Loi Informatiques et Libertés (French data protection act). These instructions may be general or specific. KYomed INNOV can only be the custodian of specific instructions concerning the data it processes. General instructions can only be received and stored by a trusted digital third-party certified by CNIL (French data protection authority). The User is also entitled to appoint a third party to whom the data concerning him can be communicated after his death. He agrees in this case to inform this third party of his preferences and of the fact that data making it possible to unambiguously identify him will be forwarded to KYomed INNOV, and to supply him with the information contained in these general terms of use.

The existence or otherwise of these various rights is dependant among other things on the legal basis for the processing to which the request relates. These rights are not without their limitations and in certain cases KYomed INNOV may therefore refuse a request and will explain the reasons for this.

Subject to compliance with the conditions laid down by the regulations, these rights may be exercised by writing to the KYomed INNOV data protection officer at the following e-mail address mesdonnées@kyomed.com, or at the following postal address: KYomed INNOV, Data Protection Officer (DPO), 1682 rue de la Valsière, F-34184 Montpellier, France. KYomed INNOV agrees to reply within one month following your request. Should it have reasonable doubts concerning the identity of the person submitting a request, KYomed INNOV may request additional information or documents to check the identity of the person making the request. According to the case in question, a withdrawal of consent concerning data processing or a request for the deletion of your personal data may in some cases prevent us from continuing to propose the services we provided to you beforehand.

The User also has a right to submit a complaint to the relevant supervisory authority (in France, this is the Commission Nationale de l’Informatique et des Libertés - CNIL, the French data protection authority), https://www.cnil.fr/fr/webform/adresser-une-plainte).

Data security. As the data is collected anonymously, particular vigilance is paid to the encryption of the data during its transfer from your personal telephone to the database hosting service. KYomed INNOV warrants that the health data is hosted at AWS (https://www.infrastructure.aws/) which, in compliance with the requirements of Article L. 1111-8 of the French public health code, is a certified Health Data Hosting Service (HDHS), and that the data is stored on servers and in databases located in the European Union. Data transfers between the AWS health data hosting service and authorised third parties use a dual encryption process using the HTTPS protocol. For the sharing of information between a patient and his health professional during a consultation, a transfer protocol using image capture (Flash) or a specific QR code - available on the website (https://www.mask-covid.org/data/) by the app user’s personal telephone has been developed. This specific QR code can be displayed on the health professional’s computer screen. Only information concerning the patient physically present and scanning the QR code is then transferred temporarily to the health professional’s computer. The process of scanning a QR code is not entirely without risks concerning security flaws. KYomed INNOV ensures that all measures to guarantee security and privacy are taken.

Personal data retention period. - The User’s personal data is stored by KYomed INNOV for the following periods: Data from the General Profile and details of symptoms: stored for a maximum of 5 years after the end of the contract concluded between KYomed INNOV and the organisation to which the User belongs or a maximum of 5 years as from the last day on which the User used the application; Data related to directives concerning the fate of your data after your death: stored for as long as the data concerned by the directives is to be stored; Data processed in order to manage the data subjects’ rights: stored for 1 month following the date of the reply issued by KYomed INNOV.

Upon expiry of the above-mentioned periods, the data will be either deleted or permanently anonymized. As an exception, in the event of any disputes or legal issues, all or some of your data may be stored for an extended period if this is considered appropriate with regard to the said dispute.

Intellectual property rights

All rights, including copyright and other intellectual property rights concerning the application, the underlying databases and the data you supply belong to KYomed INNOV and its partners. MASK-COVID® is a registered trademark protected in France and abroad. These general terms of use do not entail the transfer of any intellectual property rights to the User or the organisation, concerning the application’s content.

KYomed INNOV authorises the User to consult the application and the information contained therein and to make copies for his personal use, for example by printing it (using screenshots) or saving it. Any other use of the application or the information contained therein, such as for example the storage or reproduction of all or part of the application on an external website or the creation of links, URLs or deep linking between the application and any other website is prohibited without KYomed INNOV’s prior written consent.

Exploitation of the collected data

To ensure the long-term future of the application and to keep the downloading and use of the application free of charge in all countries in which it is available, the anonymized data may be exploited by public or private organisations for commercial, scientific research and/or medical purposes. The data thus exploited will not be directly or indirectly identified or identifiable.

Modifications to the general terms of use

KYomed INNOV reserves the right to modify these general terms of use to take account of any technological, legal or regulatory developments and changes in business best practices. The first time you log in after the General Terms of Use have undergone an update, you will be informed of this by means of a pop-up window and must accept the new conditions to continue using the application.

Applicable law

These general terms of use are governed by French law. Only the French language will apply.

Jurisdiction

Subject to the provisions of Article 48 of the French Code of Civil Procedure and the applicable rules of international law, exclusive jurisdiction is granted to the courts of Montpellier for all disputes concerning the conclusion, implementation or interpretation of these general terms of use.