General Conditions of Use for Health Professionals
Version of April 19th 2023
COMUNICARE SOLUTIONS SA
Quai Banning, 6
Comunicare Solutions provides healthcare professionals with an IT solution for assistance and follow-up of the patient’s care path (the Solution). It aims to improve communication between patients and caregivers in the context of chronic diseases or complex care episodes and provides patients with personalised information on the care pathway, recommendations and tools for a better quality of life on a daily basis.
The patient can share his information with those around him and his feelings with the nursing staff. The processing of the resulting analytical data is useful to improve the quality of care and to anticipate situations of health risks or disease exacerbation.
This Solution includes in particular :
- An application for a mobile device (smartphone or tablet) allowing patients to consult the therapeutic education material and to transmit their signs, symptoms and answers to quality of life questionnaires
- A platform for communicating information on patients’ care pathways
- A dashboard (web application) with administration and analysis functionalities accessible to health professionals
- The hosting of this platform in a secure data centre certified according to the standards in force.
In these General Conditions each of the terms mentioned below shall have the meaning given in its definition, namely:
Application: mobile application for patients
Client: any healthcare structure, a legal entity, having signed a contract for the use of the Comunicare platform and authorising access to the affiliated professionals.
Comunicare: the company Comunicare Solutions, a public limited company, with registered office at Quai Banning 6, 4000 LIEGE, and with company number BE-068.69.22.227
Content: any information file concerning the structure, the care pathway, the treatments and their effects, whatever its nature (textual, audio, audiovisual, graphic, photographic, etc.), or its source, likely to be published on the Application
Care Pathway: the entire period of medical care of a patient by a health care facility, within and outside the facility
User: natural person having access to and using the mobile application (i.e. patients) or the dashboard (i.e. health professionals)
Dashboard: a web-based application for healthcare professionals
3. Support Organisation
The documentation provided by Comunicare may allow the user to solve some common problems by himself. The user must first make sufficient efforts to resort to the available documentation. In case this documentation is insufficient, a request is submitted to Comunicare Solutions. The support is organized in 3 levels which are distinguished by the type of interaction between the Customer and the Comunicare Solutions staff.
- Level 1 Support: ‘Basic’: This is the first level of support involving interaction between Comunicare Solutions and the Customer. This support deals with basic technical issues that can be solved immediately at takeover (e.g. basic explanations, management of standard access rights, modification of settings, etc.).
- Level 2 Support: ‘Intermediate’: This is a level of support that deals with the management of situations requiring a more detailed understanding of Comunicare Solutions services. This support can deal with issues such as the re-launch of some services of the Solution, the identification of problems in the data transmitted by the Customer via the interfaces, etc. This technical support does not require any modification in the integration with the Customer or modification of the source code of the Solution.
- Level 3 Support: ‘Advanced’: This is the last level of support that involves the use of Comunicare Solutions’ development teams and therefore requires a more constrained planning in the management of the requests. This level may, for example, involve the analysis and modification of certain aspects of the source code of a solution’s service or the integration of these services with the customer’s interfaces.
These levels are organized in an escalation manner: requests are defined by default as level 1. If this level of support proves to be inadequate, the move to a higher level is then notified by Comunicare Solutions based on the incident analysis.
Comunicare Solutions maintains a support log to ensure the traceability of support requests and actions taken to respond to them. This log is accessible to the customer.
STEP 1: SUBMIT A SUPPORT REQUEST
All support requests should be submitted to firstname.lastname@example.org and include the following information:
- The applicant: name, position, contact details (e-mail address and telephone number) ;
- The request: detailed description of the problem and/or need.
The time of submission of the request to Comunicare Solutions is established on the basis of the time of sending of the e-mail by the Customer or the User. Any other means of communication used for the submission of an incident is only binding on Comunicare Solutions once an acknowledgement of receipt has been formally transmitted for the support request.
STEP 2: ACKNOWLEDGEMENT OF RECEIPT :
Within 4 hours (including business hours), Comunicare Solutions must have undertaken the following actions:
- Transmit to the user an acknowledgement of receipt with a serialized unique support request identifier;
- Confirm the validity of the request for support, if necessary, justify the non-validity of the request.
STEP 3: RESOLUTION OF THE SUPPORT REQUEST
After acknowledgement, Comunicare Solutions will make every reasonable effort to respond to the support request as soon as possible:
- Assign a level of support and establish whether the support request leads to a service disruption;
- Requesting the obvious additional information required for optimal management of the support request;
Any level escalation will be notified to the User who will be required to be available to Comunicare Solutions for any additional information and/or testing required to ensure a timely resolution of the incident.
Comunicare Solutions will make every effort to meet a minimum resolution time depending on the level of demand and complexity of the problem:
- Level 1: 24 hours
- Level 2: 48 hours
- Level 3: 20 days
Intermediate information or notification of resolution will be transmitted via the necessary communication channels and confirmed by e-mail.
In spite of the efforts undertaken by Comunicare Solutions, it is possible that some incidents cannot be solved within the above-mentioned deadlines. In such a situation, Comunicare Solutions will inform the User before the expiration of the deadline, of the difficulties encountered and will detail the blocking points and/or reasons for the additional delays.
4. Protection of personal data
The Solution processes personal data of a medical nature and is subject to the relevant Belgian and European legislation including the General Data Protection Regulation (GDPR, EU Regulation 2016/679). In the context of the latter, the Customer has the role of Data Controller and Comunicare has the role of Subcontractor. The commitments of Comunicare Solutions towards the Customer are detailed in a data processing agreement.
The Comunicare mobile application presents the patient with an informative RGPD statement that clarifies the purpose and aims of the processing of patient data, the patients’ rights, and the roles and responsibilities of the Customer and Comunicare Solutions.
Definition of “Confidential Information” :
Means all information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, which is designated as confidential or which should reasonably be understood to be confidential given the nature of the information and the circumstances of the disclosure. In particular, any information relating to the activities, business, products, developments, trade secrets, know-how, personnel, customers and suppliers of either Party shall be considered confidential.
For any Confidential Information received during the term of this contract, the Beneficiary Party shall use the same degree of precaution as it uses to protect the confidentiality of its own Confidential Information of equal importance. This level of care shall be at least reasonable care.
The Receiving Party may disclose the Disclosing Party’s Confidential Information to the extent required by law, provided that the Receiving Party gives prior written notice to the Disclosing Party of its obligation to disclose, to the extent permitted by law.
The obligation of confidentiality will be observed for an indefinite period of time during the period of contact between the Customer and Comunicare and will remain in effect for 5 years after this period.
6. Intellectual property
The Solution and its possible adaptations are and will remain the exclusive property of Comunicare Solutions. However, the configuration of the application and the information whose origin is the Customer will remain the property of the Customer.
7. Warranty and liability
During the term of the User Agreement, Comunicare agrees to use reasonable efforts to operate the Solution in accordance with generally accepted industry standards provided that :
- The Customer’s computer systems are in good working order
- The Customer will provide adequate information necessary for the identification and the technical difficulties encountered, so that Comunicare Solutions can identify, reproduce and manage the problems; if necessary, the user will collaborate in the identification of the problems encountered.
If necessary, for non-essential functions, Comunicare Solutions will provide a workaround method to allow the continuity of essential functionality.
Comunicare Solutions does not assume any responsibility for the information shared between the users, nor for the contents of which it is not the author or editor. Comunicare Solutions does not guarantee the accuracy, quality or relevance of the Information and contents shared.
Consequently, Users shall not hold Comunicare Solutions responsible for any lack of information or erroneous information, nor for any direct or indirect consequences related to such lack of information or erroneous information.
8. Applicable law
All disputes arising from or in connection with the execution of the Contract shall be governed by and interpreted in accordance with Belgian law. They shall be under the exclusive jurisdiction of the competent courts of Brussels, under the French language regime.