Regulamin

The use of the site and the platform published by the company UNIVERSKIN implies the acceptance of the following provisions by any user who wishes to use the services delivered by the Site and the platform, in the latest version on date.


ARTICLE 1. Legal Identification

The site and the platform are published by the company UNIVERSKIN, a simplified share company with a capital of 634,000.00 euros, registered in the register of Commerce and companies of Antibes under the number 492 961 347, whose head office is located in 400 Avenue Roumanille – 06410 BIOT, represented by its chairman, Mr Charalampos ARAMPATZIS, duly entitled to the effect hereof, may also be designated individually as “Party” or collectively with the user, “Parties”; (hereafter referred to as “UNIVERSKIN”).


ARTICLE 2. Definitions

The following terms used in the singular or in the plural will always have the following definition:


« Data »

User data: Designates all personal data of the user, hosted by UNIVERSKIN, as well as any data on which he holds an intellectual property right, informed by the latter within the use of the services delivered;

Personal Data: Designate all types of information, data and content, collected and processed within the use of the Services delivered by UNIVERSKIN via the Site and the Platform, hosted by UNIVERSKIN, which, within the meaning of the Informatique et Liberté law of 6 January 1978 (amended by the Decree of 4 November 1991 and by the law of 6 August 2004 transposing Directive 95/46/EC) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, allow the designation or identification, directly or indirectly, of a person;


« Doctor »

Means any physician or medical clinic registered on the platform that can be connected with users of the platform and send a questionnaire to them for the purpose of preparing a consultation in their clinic;


« Platform »

Means the online platform called “SkinXs” accessible at the URL www.skinxs.com, or www.myuniverskin.com allowing users to be connected with physicians, as well as the establishment of a pre-diagnosis of the user’s skin thanks to the questionnaire sent by the Doctor to the latter, developed, published and hosted by UNIVERSKIN, which owns its exclusive property, the use of which is effectively granted by UNIVERSKIN to the user under this contract, in accordance with the detailed use license in article 9 below;


« Questionnaire » 

Means the form sent by the Doctor to the user and informed by the latter, intended to collect all the information relating to the user necessary for the establishment of a dermatological pre-diagnosis;


« Services »

Means all services provided by UNIVERSKIN to the user via the Site and the Platform;


« Site » or « Web Site »

Means the website located at the URL www.universkin.com, edited and hosted by Universkin, which owns its exclusive property;


« User »

Means the simple visitor to the Site or any natural or legal who has reached the age of the majority according to the applicable law, with a license to use and entitled to use the services offered by the platform.


ARTICLE 3. User Acceptance - Warning

These terms and conditions (hereafter referred to as the “CGU” (Conditions Générales d’Utilisation)) are expressly approved and accepted by the User, who declares and acknowledges to have a perfect knowledge about them.

In any case, any commencement in the use of the Site or the Services offered by the Platform, submits the User to these CGU. The User is therefore deemed to accept all the rules stipulated herein, as well as those which would be present in any document available on the Platform, incorporated in these CGU by reference and which govern its relationship with others and UNIVERSKIN.

These CGU shall be enforceable for the duration of the use of the Site or the Platform and until new CGU replace the present.

The User also acknowledges having consulted the legal notices appearing on the Site or the Platform prior to any use of the services offered.


ARTICLE 4. Evidence Convention

The User acknowledges that the recordings and backups (including any connection data) made via the Site or the Platform (hereafter “electronic documents”) will have full probative value between the User and UNIVERSKIN. Thus, electronic documents (including their date and time) will be available between the parties to any dispute.

The User therefore recognizes, in his contractual relations with UNIVERSKIN, the validity and probative strength of the e-mails. Similarly, notifications made via the Platform are opposable to the User as evidence.


ARTICLE 5. Evolutions

5.1 - UNIVERSKIN has the right to modify these CGU, according to the technical evolution of the Site or the Platform as well as its services, or because of the evolution of the legislation, in its sole discretion.


5.2 - Generally speaking, the User’s use of the Site or the Platform is always subject to the most recent version of the CGU available at the time of use. It is up to the User to consult as often as necessary the CGU accessible on the Site or the Platform.

ARTICLE 6. Violation

Any violation of these CGU authorizes UNIVERSKIN to refuse in the future to the author of the violation the access to the services offered on the Site or the Platform, without prejudice to the indemnities which could be claimed to the author by UNIVERSKIN.


ARTICLE 7. General Description of the Services

The Site offers any User the possibility to consult the directory of Doctors registered on the Platform and to request the connection with the Doctor of his choice via the Platform.

The Platform allows the Doctor requested by the User to send to the latter a Questionnaire intended to allow the preparation of a pre-diagnosis and then to contact the latter to set up an appointment for a consultation.

For further information, the User is invited to visit the website.


ARTICLE 8. Use of Services

8.1. Choice of Doctor  

The User can freely consult the list of Doctors registered on the Platform exercising near his home thanks to the search tool offered by the Site.


8.2. Questionnaire

After choosing, and in order to access the Platform, the User is prompted to click on the button “SELECT and START QUESTIONNAIRE” visible on the Site and associated with the Doctor preselected.

He then accesses the Questionnaire made available for the Doctor on the Platform.

In order to be able to begin to fill in the Questionnaire, the User must add his email address.

He then accesses the form and must inform in good faith the information relating to his identity, namely his

-     Surname, first name;

-     Email address;

-     Mobile phone number

-     Date of birth;

-     Backup email address;

-     Gender

-     Place of residence (country and city)

After having informed these information, the User also confirms having read and accepted the CGU.

In the same way, he certifies to give his express and informed consent to the collection and processing of personal data relating to his health by clicking on the button dedicated to this effect.

After that, he can access the rest of the Questionnaire. He then fills in all the information necessary to establish a pre-diagnosis by the Doctor. These information include the following elements: facial characteristics, skin color, ethnic origin, skin characteristics, medical history, lifestyle.

The User is also invited to download a photo of his face, as well as, if necessary, a photograph of the part (s) of his body for which he wishes to benefit from a consultation of the Doctor.

On this occasion, he confirms having read and accepted the stipulations of the rights-granting form to the image.

After the User has filled the entire Questionnaire, the form is forwarded to the Doctor.

Upon receipt of the form, the Doctor may contact the User at the email address or telephone number informed by the latter in order to agree on an appointment for a consultation.

In this context, the User will be able to be seen by the Doctor himself or a member of his team.


8.3. Responsibility of transmitted information

It is up to the User to verify the validity of the information they provide on the Platform, including the e-mail address and the telephone number communicated through the Questionnaire as this information allows the person to be put in contact with the Doctor. In the event of false information, the Doctor may not be able to contact the User. UNIVERSKIN will not be held responsible for these errors.


ARTICLE 9. License to use the Site and Platform elements

9.1. Extent of granted rights

UNIVERSKIN grants to the User who accepts it, for the duration of use of the Site or the Platform, the non-exclusive, non-transferable and non-stoppable right to use the Site or the Platform, within the strict limits of the domain of use hereafter defined, in the territory, in strict compliance with the provisions contained herein (’ the license ‘).

The User expressly acknowledges that all rights relating to the elements of the Site or the Platform remain the exclusive property of UNIVERSKIN.

The User may not sell, assign, publish, present, disclose or make available to third parties in any other way.


9.2. Scope of Use

This license is expressly limited to acts exclusively necessary for the use of the Site or the Platform by the User.


9.3. Restrictions on Use

The use of the Site or Platform published by UNIVERSKIN and made available to Users is subject to the limitations described below.

This license is strictly personal and the User may not assign, transmit or delegate any rights or obligations that he or she holds under this license without the prior written consent of UNIVERSKIN.

As an indication, UNIVERSKIN prohibits any User, without his written permission, from doing any of the following:

-     Make any copy of all or part of the elements of the Site or Platform;

-     Reproduce on a permanent or temporary basis the Site or Platform made available, in whole or in part, by any means and in any form;

-     Practice reverse engineering, decompile or disassemble the elements of the Site or Platform, the computer program(s) and software solution(s), except for what is expressly authorized by the legislation in force;

-     Modify, alter, adapt or make any change of any kind whatsoever to the presentation and content of the Site or Platform, the computer program(s) and software solution(s), brand, trade name, logos etc. affixed to the Site or Platform, their presentation, or delete the identification and ownership of the Platform, including the names of the contributors;

-     Translate, adapte, arrange or modify in whole or in part the Site or the Platform;

-      Delete or alter as they may appear on the presentations or in the content of the Site or Platform, computer program(s) and software solution(s);

-      Access to the source codes of the software which comprise the Site or Platform;

-      Publish, unless otherwise agreed in writing by UNIVERSKIN, any performance or evaluation test or analysis relating to the Site or the Platform,


9.4. Duration

Once conceded, this license is granted for the duration of use of the Site or Platform.


9.5. Territories

This license is expressly limited by the parties to the territories of the whole world.


ARTICLE 10. Equipment

The use and maintenance of any equipment, computer, telephone and other equipment necessary to access the Site or the Platform is the responsibility of the User who will bear the costs alone. UNIVERSKIN will not be liable in case of damage to any equipment while using the Platform.


ARTICLE 11. Personal data

11.1. Personal data collected on the site

In its capacity as Site manager, UNIVERSKIN is considered to be the responsible of the treatment.

To enable Users to be informed about the products and services of UNIVERSKIN and the actuality of the Doctors, the Site collects the following personal data:

(i) Subscription to the Newsletter

When the User decides to subscribe to the newsletter of the site, he registers his email address. The User has the possibility to consent to receive the newsletter of the site.

(ii) Contact form

When the User uses the contact form to send a message to UNIVERSKIN, the Site records its name, first name, email address, telephone number, country of residence, and if applicable, the company he or she works for.

(iii) Cookies

Cookies are used as part of the use of the Site. The User has the option of disabling cookies from the settings of his browser.

11.1.1 - Use of personal data collected on the Site

The personal data collected from the Users are aimed at providing the Services of the Site, improving them and maintaining a secure environment.

Specifically, the uses are as follows:

-     User access and use of the site

-     Operation management and optimization of the Site;

-     Prevention and detection of fraud, malware (malicious software) and security incidents management;

-     Management of possible disagreement with the Users;

-     Sending of the newsletter;

-     Statistics Development

11.1.2 - Data Retention

Personal data will be kept by UNIVERSKIN for the duration of use of the Services and for a period of three (3) years following the cessation of this use.

The data will not be transferred outside the EEA.

11.1.3 Sharing of personal data with third parties

Personal data may be shared with third party companies in the following case:

- When the User requests an appointment with a physician, the personal data referred to in article 11.1 shall be communicated to the Doctor;

11.1.4 - Security and confidentiality

The Platform implements organizations, technics, software and physical measures for digital security to protect personal data against unauthorized tampering, destruction, and access. However, it should be noted that the Internet is not a completely secure environment and that the Platform cannot guarantee the security of the transmission or storage of information on the Internet. In the event of a violation of personal data, UNIVERSKIN will notify the competent supervisory authority (CNIL) as soon as possible and, if possible, no later than 72 hours after taking knowledge of the incident, unless the violation in question is not likely to create a risk to the rights and freedoms of the persons.


11.2Personal data collected on the Platform

As an intermediary in charge of ensuring the connection between the User and the Doctor, UNIVERSKIN is the technical provider of the Doctor. The latter is at the origin of the collection of the personal data of the User via the Platform made available to him, UNIVERSKIN only intervenes in processing operations which it carries out in the name and on behalf of the Doctor without being able to see the User’s data, which is completely encrypted.

(i) Connection

When the User accesses the Platform to fill in the Questionnaire, the Platform saves its email address.

(ii) Questionnaire

When the User fills in the Questionnaire, the Platform collects, on behalf of the physician, the following data:

-    Surname, first name;

-    Email address;

-    Mobile phone number

-    Date of birth;

-    Backup email address;

-    Gender;

-    Place of residence (country and city);

-    All the information necessary to establish a dermatological pre-diagnosis. This information includes the following elements: facial characteristics, skin color, ethnic origin, skin characteristics, medical history, lifestyle;

-    Photography

The User has the possibility to consent to the processing of the photos.

(iii) Cookies

Cookies are used as part of the use of the Platform. The User has the option of disabling cookies from the settings of his browser.

11.2.1 - Use of personal data collected via the Platform

Personal data collected from Users on the Platform are used solely for the purpose of connecting the User with the Doctor and providing the Doctor’s services via the service offered by the Platform.

Specifically, the uses are as follows:

-     Establishment of a medical diagnosis

-     Establishment of a dermatological formulation adapted to the User

-     Use of data for scientific purposes to improve the mechanism for defining the formulation

11.2.2 - Data Retention

Personal data will be kept by UNIVERSKIN for the duration of use of the Services and for a period of TEN (10) years after the termination of this use.

11.2.3 - Sharing of personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- If required by law, the Platform may transmit data to respond to claims against the Platform and comply with administrative and judicial procedures;

- If the Platform is involved in a merger, acquisition, transfer of assets or judicial recovery procedure, it may be required to assign or share all or part of its assets, including personal data. In this case, Users would be informed before the personal data is transferred to a third party.

The data will not be transferred outside the EEA.

11.2.4 - Security and confidentiality

The Platform implements organizations, technics, software and physical measures for digital security to protect personal data against unauthorized tampering, destruction, and access. However, it should be noted that the Internet is not a completely secure environment and that the Platform cannot guarantee the security of the transmission or storage of information on the Internet.

In the event of a violation of personal data, UNIVERSKIN will notify the competent supervisory authority (CNIL) as soon as possible and, if possible, no later than 72 hours after taking knowledge of the incident, unless the violation in question is not likely to create a risk to the rights and freedoms of the persons.


11.3Implementation of User rights

In accordance with the rules applicable to personal data, the User has the following rights, which he may exercise by directing himself to the Doctor or by writing to the address info@universkin.com:

-           Right of access (article 15 RGPD), to know the personal data concerning him;

-           Right of updating or rectification (Article 16 RGPD) of the data concerning him, requesting the updating of his personal data

-           Right of deletion (article 17 RGPD) of his personal data when they are inaccurate, incomplete, equivocal, obsolete, or whose collection, use, communication or preservation is prohibited, in accordance with the laws applicable in Data protection.

-           Right to withdraw its consent at any time (Article 13-2c RGPD)

-           Right to limit the processing of its data (article 18 RGPD)

-           Right of opposition to the processing of its data (article 21 RGPD)

-           Right to the holding of its data (article 20 RGPD). To do this, each User has the option to request the transfer of personal data concerning him to another Doctor by writing to the following e-mail address: info@universkin.com, taking care to indicate the identity and the contact details of the Doctor to whom his data must be transmitted. UNIVERSKIN will then send the pseudonymous data folder containing all of the User’s personal data to the latter.

The User has the right to file a complaint with the CNIL.

Address:

3 Place de Fontenoy TSA 87-15 75334 Paris CEDEX 07

Tel: +33 01 53 73 22 22

Fax: +33 01 53 73 22 00 Website: http://www.cnil.fr 11.4. Evolution of this clause

The Site and the Platform reserve the right to make any changes to this clause concerning the protection of personal data at any time. If a change is made to this personal data protection clause, the Site and the Platform undertake to publish a new version on the site. The Site and Platform will also inform Users of the change by e-mail within a minimum of 15 days prior to the effective date. If the User does not agree with the terms of the new wording of the personal data protection clause, he may request the deletion of its data by writing to the following address: info@universkin.com.


ARTICLE 12. Intellectual Property

12.1. Respect for intellectual property rights

UNIVERSKIN retains ownership of all intellectual property rights that are used to operate within the Site and the Platform, and more generally all elements reproduced or used on the Site and the Platform are protected under the intellectual property (“elements”)

Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, without the prior written consent of UNIVERSKIN, are strictly prohibited. UNIVERSKIN’s failure to initiate proceedings upon knowledge of these unauthorized uses is not valid for acceptance of the uses and waiver of prosecutions.


12.2. Respect for copyright-links (owned by UNIVERSKIN or its partners)

The Site and the Platform respect the copyright, as well as the neighboring rights (hereafter “copyrights”). All copyrights of protected works reproduced and communicated on the Site and the Platform are reserved for the whole world. Unless authorized, any use of works other than the individual and private consultation and reproduction is prohibited.

12.2.1 - Paper supported reproduction

The reproduction (printing) of the pages of the Site and the Platform on paper is permitted for strictly private and non-commercial use.

12.2.2 - Electronically supported reproduction

Electronic reproduction of all or part of the Site and the Platform is prohibited.


12.3. Limitations

All trademarks and other intellectual property rights in any content of the Site and the Platform (including information, text, images, copyrights, designs) and the structure of the Site and the Platform belong to UNIVERSKIN. No use of this content and any intellectual property rights is permitted without prior written consent of UNIVERSKIN. All these rights are expressly reserved.

The User agrees to respect the intellectual property rights of UNIVERSKIN on each of the elements establishing the UNIVERSKIN Site or Platform and to enforce these rights by third parties.

The User will inform UNIVERSKIN without delay of any infringement of the intellectual property rights of the latter which he may eventually ascertain.

The User acknowledges and accepts that access to the Site or Platform, and to the computer program(s) and software solution(s) made available to him by UNIVERSKIN, shall not take any assignment or concession of property rights (Rights to trademarks or copyrights in particular) and other rights for the benefit of the User.

It is therefore strictly forbidden to reproduce, distribute, transmit, publish, modify, adapt or correct the Site or the Platform in any way without the express written permission of UNIVERSKIN. Failure to comply with this clause may result in a violation of copyright, trademark or other intellectual property rights that may expose the User to civil and/or criminal sanctions.


ARTICLE 13. Notifications

All notices and notifications provided in this agreement shall be sent to the address given at the head of this document, being the address of UNIVERSKIN, and to the address informed by the User when registering to the Site or the Platform, regularly updated when applicable, in accordance with the requirements hereof.

All notifications made shall be validly made and shall be deemed to have been received under the following conditions:

-    E-mail – On the day of Dispatch;

-    Registered letter AR-the day after the date carried on the acknowledgement of receipt.


ARTICLE 14. Disagreement and jurisdiction

The contract is subject to French law.

Any disputes relating to this contract shall be brought to the knowledge of the court materially and territorially competent.

Version in effect as at 19 June 2018