HEALTH PROFESSIONALS

Terms and Conditions of Use

1 - Preamble

Lifen is a simple and secure medical monitoring and coordination solution for healthcare professionals and patients. Our goal is to streamline the care process through digital services. Our team includes doctors, engineers and lawyers in order to best meet your needs, while complying with the regulations in force.

The security of health data is a founding element of our approach. We want to facilitate the sharing of this data in complete security while respecting the rights of the patient and medical secrecy. This data will only be used in the context of coordinating patient care between different healthcare professionals and will not be transmitted to any other third party. If you have any questions about our terms and conditions, please do not hesitate to send an e-mail to dpo@lifen.fr.


2 - Definitions

In this section, capitalized terms have the following meanings:

3 - Acceptance of the GTCU and amendments

3.1 Acceptance

Any use of Lifen's services is subject to prior knowledge and express and unreserved acceptance of these General Conditions of Use and Supply of Services (hereinafter "GCUs ") by the Users. The GTUs are intended to govern the conditions of use of Lifen, its Services and Content, by the Users and to define their rights and obligations.
Acceptance of these GTUs implies acceptance of:
- the general conditions of use of MS Santé available at the following link;
- the general conditions of use of Apicrypt available at the following link;
- the charter of commitment to the proper use of APICRYPT® secure messaging available at the following link and whose principles are reproduced in Article 7.2 of these GTUs.
Acceptance is materialised by a validation click.

3.2 Amendment of the T&Cs

For the evolution of its services, Lifen reserves the right to modify, at any time, the terms, conditions and references of these TOU. The User is advised to regularly consult the latest version of the GTUs on the lifen.fr website. Continued use of Lifen after any modification to the TOU constitutes acceptance of the modifications to the TOU. In the event of failure by the User to comply with the TOU, Lifen reserves the right to suspend or permanently block the User's access to the Lifen Account, by operation of law and without notice.

4 - Description of Lifen

Lifen offers as main services: sending and receiving Medical Documents, secure exchange of medical information.  

Sending Medical Documents

Lifen allows the sending of Medical Documents to any type of recipient: Healthcare professionals, legal entities (liberal structure and healthcare establishment) and patients. Lifen uses all the existing sending channels: the sending by means of secure health messaging (MSSanté and Apicrypt), via Lifen, by fax or by post. The User has the possibility to specify his preferences of sending channels. In the "Sent" tab, the User can track the Medical Documents that have actually been sent to the Correspondents, on a dashboard. Each line corresponds to a recipient document. The User has the possibility to see, for each sending, the channel used as well as the sending time. For any question or precision concerning a sending or the functioning of the software, Lifen provides the User with a support that he can contact from Monday to Friday between 9 am and 7 pm. Lifen also provides an Application Programming Interface (API) allowing the sending of Medical Documents from an application.

Sending to Electronic Patient Record and National Medical Record

Where applicable, Lifen may be used to send documents and other medical information from practice management software (hereinafter the "PMS") to your institution's electronic patient record. Lifen may also be used to send documents to the Shared Medical Record (hereinafter the "SMR") of patients, according to the terms and conditions agreed upon between Lifen and your institution.

Receipt of Medical Documents

Any Healthcare Professional can create a Lifen Account and can thus receive his Medical Documents in a dematerialized way. Lifen ensures the identity of the User before any creation of a Lifen Account. Once on Lifen, the User can consult, download in PDF format, and integrate the Medical Document in his office software or in the hospital information system. As for sending, the User who receives a Medical Document can access the history of the Medical Documents he has received on a dashboard or in the "Receiving" section.

Exchange of Medical Information

The dedicated Lifen COVID application allows home follow-up of patients with symptoms of Covid-19 infection. The Healthcare Professional or the Patient is asked to fill in the medical information allowing the follow-up of the Patient affected by Covid-19, such as: general medical information (medical history, long term diseases, ...), real time symptom monitoring. The Patient or the Health Professional can be at the initiative of the creation of the User account. This application is implemented temporarily in order to respond to an exceptional health situation.

Creating an MSSanté address

When you create your Lifen account, we create a new MSSanté address for you. This address can be linked to your Lifen account upon request to our support service. We will also guide you if you wish to put this new address on the red list.

Service support

A user support service is provided Monday to Friday from 9:00 am to 7:00 pm for the users of the Establishment and their correspondents. This service can be reached through three channels:

5 - Paid and free service

Issuance of Medical Documents via Lifen and exchange of medical information via Lifen Covid

The User acknowledges that access to and use of Lifen for sending Medical Documents and use of Lifen Covid for monitoring patients with symptoms of Covid-19 infection may be a fee-based service. The rates and terms of payment for the various services offered by Lifen are available on the lifen.fr website.

Free reception

Access to Lifen for the reception of Medical Documents for any User is a free service.

6 - Conditions of access and use

6.1 Authentication to access Lifen

The User acknowledges that access to and use of Lifen for sending Medical Documents and for exchanging medical information via Lifen Covid are paid services. The rates and payment terms of the various services offered by Lifen are available on the website lifen.fr.

6.2 Lifen Information or Alert

Access to Lifen for the reception of Medical Documents for any User is a free service.

7 - Activation of a Lifen account

7.1 Activation of a Lifen Account

The User undertakes to use Lifen in compliance with his legal, regulatory, and ethical obligations, in particular to respect the rules relating to the sharing of medical confidentiality. The User is solely responsible for the content of the messages and documents exchanged with one or more Users within the framework of Lifen and is the sole judge of their relevance and sensitivity. In addition, the User undertakes to :

The User expressly acknowledges having been informed of the fact that :

The User is solely responsible for implementing all useful and relevant security measures to protect access to his Lifen Account and the data it contains.

7.2 Specific commitments of the User for sending to users of the APICRYPT® messaging system

Lifen allows its Users to send correspondence to addresses of the APICRYPT® secure health messaging system. The User undertakes to respect the charter of commitment to the good use of the APICRYPT® secure messaging system reproduced below, and to accept the penalties in case of non-compliance.

7.2.1 Charter of commitment to the proper use of APICRYPT® secure messaging

"The purpose of this charter is to remind you of a few rules to respect in order to simplifier exchanges with your colleagues. The letters you send are intended to be integrated into the medical files of your correspondents. However, the reception tools are very diverse and to avoid transmission errors, certain principles should be respected.

I remember to check my messages. Messages should be checked before sending even if it's just sending reports."

7.2.2 Operation and Scale of Penalties

In case of non-compliance with the charter, and more precisely in case of sending messages not directly concerning the follow-up of a Patient (hereinafter "Spam"), penalties may be applied by APICRYPT® to Lifen. Lifen will then pass on these penalties to the User.

When sending Spam for the first time, Lifen :

In the event of a second spam transmission, Lifen :

In the event of a third spam transmission, Lifen :

Scale of penalties

The amount of the penalties depends on the volume of Spam sent and are applied according to the following scale:

8 - Evidence Convention

The User acknowledges that the computerized records maintained within Lifen's electronic file processing servers will be considered as evidence of the exchanges and communications between the User and Lifen. The User undertakes not to contest their probative value and acknowledges the same probative value to the writings and electronic documents transmitted within the framework of Lifen as to the writings and paper documents. The User acknowledges and accepts that, after authentication, any manifestation of will through the use of the functionalities offered within Lifen constitutes an electronic signature and characterizes the proof of consent within the meaning of the provisions of the Civil Code. In case of conflict between the Publisher's computerized registers and any paper or electronic document, the Publisher's computerized registers will prevail over the User's documents and will be the only ones admitted as proof.

9 - Limitations of Lifen's Liability

Lifen makes its best efforts to provide a quality service to its Users. However, in the event of dysfunction, Lifen could not be held responsible:

The User acknowledges that Lifen is bound only by an obligation of means and is not bound by a general obligation to monitor contributions. The User acknowledges that the proper functioning of Lifen is subject to the conditions of access to the Internet network and its possible limits and restrictions (coverage, saturation, availability). In any hypothesis, any User benefiting from the Lifen service remains entirely and exclusively responsible for the acts and decisions relating to his professional activity, in accordance with the legal, regulatory and deontological obligations governing his professional practice. Generally speaking, the security of the Lifen Account requires Users to comply with the security measures defined by ASIP Santé and in particular the rules relating to the definition and change of authentication elements.

10 - Protection of personal data

10.1 Personal health data

The Health Professional User, private doctor or health establishment, who uses Lifen is the person responsible for the processing of personal health data transiting through Lifen. It is therefore the responsibility of the Healthcare Professional Users who use Lifen to comply with the provisions of the CNIL and CNOM practical guide which sets out compliance assistance for healthcare professionals and to implement measures to guarantee the confidentiality, security and integrity of personal health data. Lifen acts with respect to the personal data of Patients only as a subcontractor of the User responsible for processing and according to its instructions. Lifen is responsible for the processing of the personal data of the Healthcare Professional User. Lifen expressly invites the User to take note of its Policy on the protection of Personal Data, which is an integral part of these GCUs, with regard to the rights of Patient and Healthcare Professional Users over their personal data.

10.2 Cookie and IP address

Lifen expressly invites the User to read its Personal Data Protection Policy, which is an integral part of these TOS with regard to cookies.

11 - Intellectual Property

The User acknowledges that all content appearing on Lifen.fr, including but not limited to: the domain name, trademarks, texts, graphics, photographs, drawings, sounds, data, images, audio and video, but also the Lifen tree structure, its navigation plan, its logos, the design and organization of its sections, their titles, databases, their structure and their contents, existing or future, are protected and are the exclusive property of Lifen. Consequently, except with the express and prior authorization of Lifen, all reproductions, representations and uses by the User other than those referred to above are prohibited and in particular :
(i) any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication, whether free of charge or against payment, of all or part of the works, services, and all elements protected or likely to be protected by intellectual property law reproduced within LIFEN;
(ii) any link, access, modification, addition, deletion which relates to the automated processing system of the online edition and which modifies the conditions of publication or the editorial policy. Any failure by the User to comply with these obligations would constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code.

12 - Termination

Each User agrees that Lifen may suspend the User's access without notice, formal notice or compensation of any kind, in the event of failure to comply with any of the obligations described in these TOS, or with applicable law, and in particular :

13 - Invalidity or partial invalidity

If any provision of the TOS is found to be invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions hereof.
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14 - Applicable law

Lifen has been designed for French Healthcare Professional Users. The CGUS are subject to French law. In the absence of amicable settlement, any dispute relating to Lifen or in connection with its use will be submitted to the French courts.