Terms of Use of the mobile App MASK-air

Presentation

The app that you are about to download has been designed to work on a mobile phone. It is not suitable for tablet or computer use. This app belongs to "KYomed INNOV, FMC VIA LR and the University of Montpellier", responsible for processing personal data in line with the European regulation (GDPR / EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016). The app was developed by Peercode. The security and data valorisation of the collected data are ensured by KYomed INNOV.

Impact of installing the app on your phone

You are about to download (free of charge) an app. It has been developed in compliance with safety rules. It is a class 1 medical device according to the European classification (https://www.ansm.sante.fr/Activites/Mise-sur-le-marche-des-dispositifs-medicaux-et-dispositifs-medicaux-de-diagnostic-in-vitro-DM-DMIA-DMDIV/DM-classe-I-DM-sur-mesure-assemblage-Declaration/(offset)/4).

Neither FMC VIA LR nor Peercode can be held responsible for any malfunction of your personal phone after installation of the app. Should you update the operating system of your phone (Android / iOS), it is your responsibility to update the app in order to keep it running smoothly.

This app provides direct / indirect links to other information, such as information on websites hosted by third parties over which FMC VIA LR has no control. FMC VIA LR cannot be held responsible for the use or content of this information.

Applicable legislation

The present terms of use must be governed and interpreted in accordance with the current legislation in France (hosting country of the collected data). The competent jurisdiction of Montpellier will resolve any disputes resulting from these terms of use in compliance with applicable European law as well as with local law applicable in the countries where the app is available.

Scope of use, purpose of the app

This app is intended to help you monitor your allergy/allergies. It will enable you to register your allergic symptoms and your medical treatments as well as the impact of the symptoms on your daily life. You can share this information with a health care professional in order to better understand and control your allergy/allergies. The use of this app is not a substitute for medical advice or medical treatment. This app is not intended to record the side effects of medical treatment.

Respecting your privacy

This app has been designed to help you track your condition while respecting your privacy. Only the minimum amount of information needed to monitor allergic rhinitis is collected by the app. If you send an email address and a password through the app, this information is stored on a database separate from the one that collects your personal information and is protected by irreversible encryption. The e-mail address and password are only used to restore the history of your data if necessary. Your information is collected in three ways:

  1. A general profile (sex, year of birth, country of residence, as well as a few parameters to roughly describe your allergy)
  2. A report indicating: (i) symptoms (via a visual analogue scale whereby the intensity of the symptom is converted into a number (0 to 100)), (ii) the impact that rhinitis has on your daily life (via answers to questions (yes / no / do not know)), (iii) medical treatments (via a pre-defined list of treatments with a free-text field)
  3. Complementary questionnaires (on scientifically-validated questionnaires: the response methods are the same as for the above-mentioned report)

The information stored in the app stems from a self-assessment process and can be used by a health care professional for information purposes without any guarantee of accuracy or completeness.

If you so wish, the report can be geolocated. This function is managed by your mobile phone. This feature can be turned off at any time and this will not affect the overall functioning of the app. According to the CNIL (National Commission for Data Protection and Liberties), geolocation is considered as identifying information. This information is reprocessed in accordance with a scientifically-validated process which ensures that your geolocation is impossible to associate with your use of the app. The symptoms are recorded once a day in the database. Similarly, the geolocation data can be recorded at most once a day with the symptomatic data.

For information, the list of medications is the one officially proposed by the health authority in your country of residence and corresponds to over-the-counter and / or prescribed treatments for allergic rhinitis and asthma.

Through the app MASK-air, no advertising of any form whatsoever will be sent to you.

Use of the app by minors

FMC VIA LR does not collect or use any personal data concerning minors (children under 18). We do not allow minors whom we can identify as such to communicate with us or to use our services.

If you are a parent and learn that your child has provided us with information, please contact KYomed INNOV, using one of the methods below, so that we can handle this situation together

Data security

Particular vigilance is given to the encryption of the data when they are sent from the phone to the host of the database. This database is secure, certified and is located in the European Community (in France: OVH https://www.ovh.com/fr/). When transferring all or part of the database to a third party, an encryption method is used along with an https protocol.

For the sharing of information between a patient and his/her health care professional during a consultation, a transfer protocol has been developed using the image capture of a specific QR code - available on the site (https: www.mask- air.org/data/) - on the user's phone. This specific QR code can be viewed on the screen of the health care professional's computer. Only the information concerning the physically-present patient scanning the QR code can be transferred temporarily to the health care professional's computer. The process of scanning the QR code is not without risk of security breach. Nevertheless, everything has been set up by Peercode to enable a regular check of the system. In case of doubt or fault in the app data management security system, FMC VIA LR must notify all users of the app within a maximum of 72 hours.

In accordance with the GDPR, an impact study on the consequences of a breach in the security of stored data has been carried out; revealing that this impact is negligible.

Although KYomed INNOV secures all of the personal data that you provide, we invite you to be cautious when sending this type of data over the internet, especially when it relates to personal data concerning your health.

Cookies

This app does not use cookies to obtain information regarding your use of the app. Only a temporary cookie or "session" cookie will be used for connectivity reasons. "Session" cookies are temporary pieces of information that are erased once you exit the app.

The use of cookies is safe. Personal data, such as a telephone number or an e-mail address, can not be traced by placing "session" cookies. You can find more information about cookies at www.allaboutcookies.org.

Your rights

In accordance with the EU General Data Protection Regulation (GDPR) 2016/679 of the European Parliament and of the Council of 27 April 2016, we have to inform you about your rights when using a mobile app that collects personal data:

To do this, please contact KYomed INNOV. KYomed INNOV is committed to responding within two months of your request. Such a request regarding the processing of your personal data may, depending on the circumstances, prevent us from continuing to offer you the services offered previously.

KYOmed INNOV : 1682 rue de la Valsière, 34184 Montpellier, France contact@kyomed.com. Tel : (33) +4 11-95-01-36

Updates, changes of functionalities, changes of terms of use

FMC VIA LR reserves the right to alter the functionalities of the app and / or to update the information, products and services contained in the app at any time and without notice.

FMC VIA LR reserves the right to modify and / or update the current terms of use in order to adapt them to technological progress, legislative or regulatory changes and good commercial practices. An updated version will include any changes and will be available on the app’s website (https://www.mask-air.org/).

Use of collected data and valorization of the app

All rights, including copyrights and other intellectual property rights within the app, the underlying databases and the data you provide belong to FMC VIA LR.

FMC VIA LR allows you to consult the app and the information contained therein as well as to make copies for your own personal use, for example by printing (screen shots) or recording. Any other use of the app or of the information contained therein, such as, for example, the storage or reproduction of all or part of the app in an external website or the creation of links, hyperlinks or deep links between the app and any other website, is prohibited without the express written consent of FMC VIA LR.

In order to sustain the application and maintain its free use and download in all countries where available, the collected data can be sold as anonymous data to public or private companies for commercial or research purposes. As mentioned previously, no data collected by the app can identify you. If the geolocation is registered, it is post-processed so as to prevent any identification of the users of the app. Thus, all the data transmitted to a third party are, as defined by the CNIL, anonymous. Data are kept by FMC VIA LR for a maximum of fifteen years.

Continuity of activity

In the event of FMC VIA LR becoming subject to acquisition, merge, sale or other transaction and of the database being acquired by a third party, you agree in advance to this third-party purchaser and his / her advisers having access to your personal data, both during and after the transaction, in order to facilitate and finalize the transaction. When the transaction is finalized, you will be informed of the transaction, as well as its impact on the ownership and control of the database and the personal data that you provided to FMC VIA LR. The personal data will be transferred to these third parties, in accordance with the provisions and limitations of this document. If the third party does not take control of FMC VIA LR appropriately, FMC VIA LR will obtain permission from the third party to stop using your personal data.