Terms of use
July 31, 2024 version
The purpose of these General Conditions of Use (GCU) is to define the conditions of use of the interface
put into operation by KONDREE, SAS whose registered office is located at Halle de l'Innovation, 10
place Françoise HERITIER - 34000 Montpellier, registered with the Montpellier Trade and Companies
Registry under number 900 574 732, from the oxcare.fr website and intended for healthcare
professionals who have chosen to use this interface as part of their practice, as stipulated below.
In the event of modification of these GCU, the applicable version is that in force at the date of the
complaint, in accordance with article 10 below.
Legal information :
A. The oxcare.fr website is published by Kondree.
B. The site is hosted by ITS-Integra, 42 rue de Bellevue 92100 Boulogne-Billancourt
1. DEFINITIONS
The terms defined below and beginning with a capital letter, whether singular or plural, shall have the
following meanings in these Terms and Conditions of Use:
Interface means the interface, operated by KONDREE, which enables Users to access the Program in
SaaS mode.
Product(s) refers to any special foods (such as, for example, anti-oxidant molecules) that may be
prescribed by the User. The Products are neither medical devices nor medicines within the meaning of
article L. 5125-34 of the French Public Health Code.
Healthcare Professional means a person practicing a medical profession as defined in articles L.4111-
1 et seq. of the French Public Health Code and authorized to prescribe.
Program means a data analysis program consisting of a series of combined algorithms to which
KONDREE holds exclusive exploitation rights.
User refers to the Healthcare Professional who has access to the Program via the Interface in order to
determine the appropriate doses of Products for the patients he or she sees in consultation and for
whom he or she has considered, in the exercise of his or her profession, that the prescription of
Products was useful in the context of the care pathway.
2. GENERAL PROVISIONS
The GCU are applicable to any use of the Interface and / or the Program by the User; they govern the
relationship between the latter and the company KONDREE.
The GCU are made available to the User on the Interface, where they can be consulted directly before
using the Interface. When creating an account, the User is invited to read and accept these GTUs in
order to access the Program.
An agreement for the provision of services is also signed.
3. INTERFACE ACCESS
3.1 KONDREE provides the User with access to the Interface to enable use of the Software as a Service
(SaaS) Program. Access to the Interface is secured by a personalized login for each User and a
password. The User is solely responsible for securing access to the Interface, and in particular for the
confidentiality of his/her login and password. In order to respect the confidentiality of health data as
much as possible, the User must refrain from entering any data that could identify the patient.
3.2 The Healthcare Professional creates a User account by providing his/her surname, first name, email
address, place of practice, ADELI number and specialty.
By creating a User account, the Healthcare Professional declares and guarantees that he/she is duly
registered with the professional association to which he/she belongs, and that he/she is authorized to
prescribe.
3.3 In the absence of use of the Interface by the User for a consecutive period of 24 months, KONDREE
will deactivate his account access to the Interface.
4. INTERFACE OPERATION
4.1 KONDREE retains exclusive control over the operation, supply, maintenance and management of
the Interface and remains the sole decision-maker regarding the selection and engagement of external
service providers for the operation of all or part of the Interface.
4.2 KONDREE reserves the right, at its sole discretion, to make any changes to the Interface that it
deems necessary or useful to (i) comply with applicable laws and (ii) maintain or improve the quality
of the Interface.
4.3 KONDREE undertakes to make its best efforts to ensure the continuity of access to the Interface
and is therefore only bound by an obligation of means. Consequently, KONDREE will endeavor to offer
access to the Interface 24/24h, 7/7 days, without guaranteeing it, due to the nature of the Internet
network and the intervention of external elements, such as the vagaries emanating from the access
provider.
4.4 If necessary, KONDREE reserves the right to suspend access to the Interface to carry out a technical
intervention to improve its operation or for any maintenance operation.
KONDREE undertakes to intervene or to have an external service provider intervene rapidly in the
event of an incident preventing access to the Interface.
5. OBLIGATIONS OF THE USER HEALTHCARE PROFESSIONAL
5.1 Use of the Interface requires the User to have an Internet connection and appropriate computer
equipment, the costs of which are borne exclusively by the User.
5.2 The User undertakes to comply at all times with the laws, regulations and ethical principles
applicable to his profession and with all mandatory rules of French law.
5.3 The User is solely responsible for the raw data he enters into the Interface. The User will be alerted
by an error message on the Interface in the event of an obvious error or defect concerning raw data
entered (e.g. entry of unencrypted data). The User undertakes not to enter any personal data, even if
pseudonymized.
5.4 The User agrees to immediately notify KONDREE in case of misuse of his connection settings or
account or any other breach of security he suspects.
6. RESPONSIBILITY
6.1 The Program to which the Interface gives access, performs an analysis of the raw numerical data
entered by the User in order to indicate a dosage of Products supposed to be adapted to the case
according to the technical data entered. The data entered by the User is not stored in the Interface or
in the Program, and is therefore not retained, reused or otherwise processed by KONDREE.
The dosage of Products indicated by the Program on the basis of the raw data entered by the User is
intended solely as an aid to decision-making. As a healthcare professional, the User remains solely
responsible for the decisions he/she makes, and must take into account the analyses carried out by
the Program among all the data useful in the practice of his/her profession.
The function of the Program is not to deliver a diagnosis or to order a prescription. Only the User, in
his or her capacity as a healthcare professional, establishes the patient's diagnosis and is able to issue
the prescription.
The User remains solely responsible for the patient's care and, in particular, for taking into account any
antecedents, contraindications, comorbidities or risk factors inherent to the patient that may have a
bearing on the decision to prescribe or not to prescribe the Products.
6.2 In deciding whether or not to prescribe the Products to his or her patient after considering the
results of the analysis performed by the Program, the Healthcare Professional exercises the free
exercise of his or her art in accordance with the relevant scientific and technical data.
6.3 The patient may order the Products from any vendor of his/her choice, following the decision of
the Healthcare Professional with whom he/she has dealt.
6.4 KONDREE is not responsible for the direct or indirect consequences of the use of the Interface and
the Program by the User. KONDREE cannot therefore be held liable for prescription errors or errors of
assessment leading to over- or under-dosing by the User, it being remembered that the results given
by the Program remain subject to the discernment of the User in his or her capacity as a Health
Professional.
7. PERSONAL DATA
7.1 No personal patient data, even if pseudonymized, is communicated via the Interface. The Program
operates solely on the basis of raw encrypted data, which must not be linked to any personal patient
data. It should be noted, however, that for the purposes of the necessary history of the Program's
operation, Kondree retains each case processed by the Program as anonymized data. The case is
numbered purely chronologically, month by month, and includes all the raw data entered by a User,
together with the results indicated by the Program.
7.2 In the context of its own relations with the patient, the User undertakes to comply with all the
provisions of the amended French Data Protection Act of January 6, 1978 and the European Union's
General Data Protection Regulation 2016/679 ("RGPD"), to give all guarantees and to make, where
applicable, any required declaration to the CNIL.
7.3 For the purposes of activating and validating the User's account, KONDREE collects the Healthcare
Professional's first and last names, email address and business telephone number, postal address of
place of practice, Adeli number and specialty. This personal data is processed by KONDREE solely for
the purposes of operating the Interface and verifying the qualification of the Healthcare Professional.
This data relating to the User is kept by KONDREE only as long as the User's account is active, it being
recalled that after two years without activity an account is considered inactive, and the personal data
attached to it are deleted. KONDREE undertakes not to communicate these personal data relating to
the User to third parties without the prior consent of the User. KONDREE strives to implement all
technical means required to ensure the security of the User's data and to prevent risks of loss or misuse
thereof.
Personal data relating to the User may be processed by KONDREE employees within the limits of their
respective responsibilities, exclusively for the purposes of operating the Interface.
Under no circumstances does KONDREE sell the User's personal data. This data, whether in individual
or aggregated form, is never transmitted to a third party. KONDREE does not host the User's personal
data outside the European Union.
Any User may :
- access the data concerning him (art. 15 RGPD), to rectify, complete or update them if they are
inaccurate (art. 16 RGPD) ;
- request the portability of the data concerning him or her that he or she has provided, so that this
data is transferred to him or her in a structured, commonly used and machine-readable format or is
addressed to a third-party data controller, if the conditions of Article 20 RGPD are met ;
- request the limitation of the processing of his/her data under the conditions of Article 18 RGPD.
- exercise his/her right to digital oblivion (deletion of Data), for one of the reasons set out in Article 17
RGPD, in particular: if the Data in question are no longer necessary, if their processing appeared
unlawful, if a legal obligation requires their deletion, or in the event of withdrawal of the consent on
which the processing was based. In the latter case, the User account will be deactivated insofar as the
User's personal data was necessary for its maintenance.
- object to the processing of its Data, under the conditions of Article 21 RGPD, i.e. for the case of use
of Data for canvassing purposes, or when the User, due to a particular situation, would be able to
prevail its fundamental rights and freedoms against the legitimate interest of the company KONDREE,
which the latter will have to assess according to the nature of the Data in question.
For more information on his rights, the User may consult the CNIL website (www.cnil.fr).
To exercise these rights or for any questions about data processing, the User may contact the support
department by email: rgpd@kondree.com or by post addressed to KONDREE at the following postal
address: 10 place Françoise HERITIER - 34000 Montpellier, quoting the User's valid email address.
KONDREE will respond to any request for access, rectification, deletion, limitation, portability or
opposition or any other additional request for information within a reasonable period of time that will
not exceed 1 month from receipt of the request.
8. TERMINATION OR INTERRUPTION OF THE SERVICE
8.1 In case of cessation of use of the Interface by a User for a consecutive period exceeding 24 months,
KONDREE will proceed to the deactivation of the account, undertaking then to delete the data of the
User within 30 days following this deactivation.
8.2 Access to the Interface by a User can be interrupted by KONDREE in case of violation of these GCU
by the User, not remedied (when such a remedy was possible) within 15 days from the sending of a
formal notice by KONDREE to implement this clause.
9. INTELLECTUAL PROPERTY - PROGRAM LICENSE
9.1 All components of the Interface and the Program with all related intellectual property rights remain
the exclusive property of KONDREE. KONDREE remains in particular the exclusive owner of the
exploitation rights on the Program and its constituent elements.
9.2 KONDREE grants to the User, as long as his account is active, a non-exclusive, non-assignable, non-
transferable license to use the Program within the strict limits of the purpose of these GTU. As such,
the User agrees not to :
- Sell, assign, publish, present, disclose or make available to third parties the Program or access
to the Interface;
- Sub-license the Program and access to the Interface ;
- Interfere in any way whatsoever with the proper functioning of the Interface;
- Attempt or practice reverse engineering of the Program, decompile or disassemble it in whole
or in part;
- Adapt the Program or create derivative works of the algorithms used in the Program's
components;
- Delete the identification and ownership details of KONDREE ;
- Access the source code(s) related to the Program ;
- Use or copy, on any medium whatsoever, the Interface or the Program for purposes not
expressly authorized by these GTCU;
- Use or extract analysis data from the Program for commercial purposes, whether for self-
promotion or resale of information to third parties.
9.3 Access to the Interface provided by KONDREEE does not imply transfer to the User of intellectual
property rights held by KONDREE on the Program or its elements.
9.4 The license to use the Program automatically ends in case of deactivation of the User's account or
in case of interruption of access to the Interface decided by KONDREE for non-compliance with these
TOU.
9.5 The license granted to the User for the Program, as well as access to the Interface, are strictly
personal. In the event that the User ceases to be active, no transfer to a successor of the User may be7
effected automatically. Access to the Interface by a successor will require the creation and activation
of a new User account.
10. MISCELLANEOUS
10.1 If any provision of these GCU is found to be invalid by any applicable law or court decision, it shall
be deemed unwritten, without invalidating the GCU or affecting the validity of its other provisions.
10.2 The fact that KONDREE does not claim the application of any clause of the GCU, or acquiesces in
its non-performance, whether permanently or temporarily, can not be interpreted as a waiver by
KONDREE to the rights arising for it from the said clause.
10.3 KONDREE reserves the right to modify or update these GCU at any time. The User will be informed
of the modification or update by a notification that will appear as a pop-up when connecting to the
Interface, inviting the User to read the new version.
10.4 French law shall be solely applicable to these GTU and to the relationship between KONDREE and
the User, to the exclusion of any conflict rule.