TERMS AND CONDITIONS OF USE

The purpose of these Terms and Conditions of Use is to set out the terms for using and browsing the MonacoSanté Portal.

These Terms and Conditions apply to all Users who access the MonacoSanté Portal.

Each User accepts these Terms and Conditions when registering.

The legal notices, Terms and Conditions, cookie management and personal data protection policy form an indivisible package and only the French versions have legal standing.

The User confirms that he/she has read and understood these Terms and Conditions in their entirety before using any of the services offered by the MonacoSanté Portal, and undertakes to comply with them.

1. 1. DEFINITIONS

The following words and phrases, beginning with a capital letter, whether used in the singular or plural, are employed herein with the meanings specified below:

“The Administration” means the State of Monaco represented by the Ministry of Health and Social Affairs of the Principality of Monaco/the Department of Health Affairs, or the Digital Transition Office.

“User” means a healthcare professional or patient using the MonacoSanté Portal and accessing the Services. Individuals or legal entities become Users as soon as they create their account.

“Terms and Conditions of Use” or “Terms and Conditions” refer to this document, setting out the terms of use for the Services.

“Personal Data” or “Data of a Personal Nature” means any information relating to an identified or identifiable individual (“person concerned”). An “identifiable individual” is considered to be any individual who may be identified, directly or indirectly, including through reference to an identifying detail such as a name, an identification number, location data, an online username, or one or more attributes specific to his or her physical, physiological, genetic, psychological, economic, cultural or social identity.

“MonacoSanté Publisher” refers to Nehs Digital, the authorised health data hosting provider.

“Username” means the username that enables the User to access the Services on the MonacoSanté Portal. It includes their email address and password.

“Parties” refers, in the singular, to either the Administration or the Users of the MonacoSanté Portal and, in the plural, to the Administration and Users of the MonacoSanté Portal.

“Patient” means a User booking an appointment via the MonacoSanté Portal and with access to all of the Services available.

“Healthcare Professional” means any healthcare professional or organisation in the Principality of Monaco who has signed up to some or all of the Services offered by the MonacoSanté Portal.

“Services” refers to the services offered via the MonacoSanté Portal that enable any User to access:

• The online directory (via the MonacoSanté Portal), a service allowing Users to search for and identify a Healthcare Professional operating privately or as part of a healthcare institution;
• The Healthcare Professional’s digital medical calendar (via the MonacoSanté Portal only, with access restricted to Healthcare Professionals), a service that allows Healthcare Professionals to manage their appointment calendars and patient databases;
• The online appointment booking service (via the MonacoSanté Portal and the mobile app), a service allowing Patients to schedule an appointment via the MonacoSanté Portal with the Healthcare Professional of their choice and to monitor their scheduled appointments;
• Health news (via the MonacoSanté Portal only), a service that allows Users (both Patients and Healthcare Professionals) to consult articles related to health in the Principality of Monaco;
• The forum (via the MonacoSanté Portal and the mobile app) (via the MonacoSanté Portal only with access restricted to Healthcare Professionals), a service that allows Healthcare Professionals to engage in discussion with their colleagues and with the Administration.

“MonacoSanté Portal” refers to the website https://www.monacosante.mc/ and the Patients’ mobile app available from app stores.

1. 2. LEGAL CAPACITY, ACCEPTANCE AND ENFORCEABILITY

The User declares that he/she has read the conditions relating to the operation of the MonacoSanté Portal and has all of the technical resources required to access and make standard use of the MonacoSanté Portal in accordance with the Terms and Conditions.

The User acknowledges that they have the legal capacity to enter into the commitments set out in these Terms and Conditions.

The User may use the Services on behalf of a minor or minors, or on behalf of a third party for whom they have parental authority or are recognised as the guardian in accordance with Monegasque law.

The User may only use the Services offered via the MonacoSanté Portal on condition that they accept these Terms and Conditions. The User indicates their acceptance of the Terms and Conditions by ticking a box on the MonacoSanté Portal. The User acknowledges and accepts that no handwritten or electronic signature is required to secure their commitment. The Terms and Conditions are enforceable from the point at which they are accepted by the User.

The User declares that they have obtained all of the information required in relation to the Services and will comply fully and unreservedly with these Terms and Conditions.

1. 3. PURPOSE OF THE MONACOSANTE PORTAL

MonacoSanté is an internet platform or mobile application which enables Users to access a set of Services via a unique access point.

Users only need to log in once to access the Services.

The list of accessible Services may vary depending on the role of the User.

The full list of Services that are currently available is as follows:

• The main service of the MonacoSanté Portal including User authentication, language selection and notifications;
• News;
• Forum;
• Patient appointment booking;
• Appointment management;
• Healthcare Professional’s calendar;
• Online directory.

1. 4. ACCESS TO THE MONACOSANTE PORTAL

The Services on the MonacoSanté Portal require a sufficiently fast internet connection and equipment and resources enabling Users to access and browse the MonacoSanté Portal at their own expense and responsibility.

The Administration may not be held liable for poor functioning of the Services and any consequences thereof that result from a malfunction or limited or degraded internet access.

The Services are freely available via a secure URL: https://www.monacosante.mc

On the first occasion that they use the Services, Patients are invited to create an account by completing an online form including their first name(s), surname(s), email address, telephone number and a password.

In addition to the above, accounts for Healthcare Professionals are created via the activation of a one-time password sent by text message.

Healthcare Professional accounts are created by the Portal Publisher. When first logging in, Healthcare Professionals will need to follow the procedure for resetting their password by clicking the “I have forgotten my password” button.

Please remember that passwords are personal and confidential and must never be shared.

Each User agrees that this information will be entered under their sole responsibility, control and direction, and undertakes to supply complete, accurate and up-to-date information and not to appropriate the identity of a third party.

The User is then automatically logged in to their account and will be able to take advantage of the Services.

The Administration shall do everything in its power to ensure that the Services are accessible 24 hours a day, seven days a week, with the exception of periods when they are suspended for maintenance, for example.

However, the User acknowledges and accepts that computer and telecommunications systems do encounter faults and that interruptions to the Services may be experienced on occasion.

Consequently, access to the Services may be interrupted temporarily and without warning in the event of a system or network failure, maintenance work, repairs, modifications or changes to the operating methods, or any other reason, at the instigation of the Administration or not.

In the event that access to the Services is interrupted or unavailable, Users may contact the Administration for more information.

Access to the services is strictly for Users, who have the right to private, personal, non-transferrable and non-exclusive use. Users are solely responsible for their access of the Services.

The Services must not be used in an abusive or malicious way.

Generally speaking, Users undertake to use the Services:

• In compliance with the laws, regulations and rights of third parties, in particular the Administration’s intellectual property rights, as set out in paragraph 5 below;
• Fairly and in accordance with their intended purpose;
• At their own risk.

The Administration makes every effort to secure the MonacoSanté Portal with regard to the risks involved and the nature of the data which is processed.

The MonacoSanté Portal is hosted by an approved health data hosting provider.

Users are prohibited from fraudulently accessing or continuing to visit all or part of the MonacoSanté Portal, deleting or changing the information included on MonacoSanté, fraudulently adding information to the portal, altering the MonacoSanté Portal, or interfering with the proper functioning of the portal.

Users undertake to access and use the MonacoSanté Services via a secure connection or network. Users undertake to take all appropriate measures to protect their data and equipment from becoming infected with viruses or other types of attack. Users are responsible for the security of their data and network, which they use at their own risk.

Users are aware of the risks associated with using the internet, such as potential hacking, and accept the corresponding limitations and risks.

Users undertake to access and use the Services in accordance with the security instructions and the access management rules, including authentication details which they must keep confidential. Users undertake to change their passwords at a minimum on any occasion where they suspect fraudulent use of their account.

Users undertake to immediately inform the Administration of any unauthorised use of their login and password, or any login that violates the security of access to their account.

Users who wish to inform the Administration of a mistake or correction are asked to send an email to the following address: monacosante-dasa@gouv.mc

1. 5. INTELLECTUAL PROPERTY

5.1 Copyright

The rights associated with the MonacoSanté Portal are owned exclusively by the Administration or the MonacoSanté Publisher. These include, but are not limited to, all texts, comments, titles, names, photographs, sounds, images, data, drawings, animated sequences with sound, videos, functionality and charts, which are protected by the legislation on copyright protection in force in the Principality.

Any use, representation, transformation, reproduction, adaptation or dissemination, in whole or in part, of any element or content from the MonacoSanté Portal on any media and via any procedure is prohibited and constitutes a criminal offence that will be punished by the Monaco courts, unless express permission is obtained from the Administration.

5.2 Trademarks

Trademarks and/or logos belonging to the Administration and appearing on the MonacoSanté Portal are protected trademarks. Any reproduction of these trademarks and/or logos, in whole or in part, without the permission of the owner, is a criminal offence punishable by the Monaco courts.

1. 6. CALENDAR MIGRATION

Healthcare Professionals who wish to migrate their paper or electronic appointment calendars to MonacoSanté acknowledge and accept that their patient records will be processed by the Prince’s Government of Monaco and the MonacoSanté Portal Publisher.

Paper patient records must first be transcribed by the Healthcare Professional into Excel format so that they can be sent securely to the practitioner responsible for processing health data.

Healthcare Professionals may also opt to enter their patient data, as well as details of previous and future healthcare appointments, manually into their new MonacoSanté calendar.

Patient records (patient data and details of previous and future healthcare appointments) from third parties are integrated into MonacoSanté then destroyed by the MonacoSanté Publisher and the practitioner responsible for processing health data within eight (8) days of receipt.

It is the responsibility of the third party from whom the patient records originated to destroy all of the data in their possession (relating to patients and to past and future healthcare appointments).

Consequently, Healthcare Professionals who migrate their calendars agree to authorise the MonacoSanté Publisher to inform their patients that they are being transferred to the MonacoSanté calendar platform. Patients will be informed via an automated text message.

The Administration encourages Healthcare Professionals to archive the original copies of their calendar and patient records on a durable medium. Healthcare Professionals are encouraged to regularly update their calendars on all media on which they are archived. Appointments can continue to be booked by telephone.

1. 7. LIABILITY

The Administration offers no guarantee regarding the operation and content of the MonacoSanté Portal.

The Administration shall endeavour to ensure that the information published on the MonacoSanté Portal is up to date and accurate, but offers no guarantee that this shall be the case. The Administration does not guarantee the continuity, accessibility or availability of the operation of the MonacoSanté Portal and the associated Services.

Users acknowledge and accept that, with regard to the MonacoSanté Portal and Services, the Administration may not be held liable in the event of hacking, alteration or misuse of data, or any use of the network by a third party that is unlawful or harmful to the User or to a third party.

MonacoSanté Users are required to comply with these Terms and Conditions of Use and are prohibited from using or attempting to use the MonacoSanté Portal and its functions for any purpose other than those provided for under these Terms and Conditions.

1. 8. PROTECTION OF PERSONAL DATA

In accordance with current regulations on protecting Personal Data, information gathered via the MonacoSanté Portal is collected by the Administration, which acts as the data controller.

Personal Data is processed for the purposes of Managing the MonacoSanté Portal and Mobile Application of the Principality of Monaco, which can be broken down as follows (or processing functionality):

• Management of User accounts and online appointment booking;
• Management of tickets opened by Patients and Healthcare Professionals;
• Management of an online directory of Healthcare Professionals and providers in the Principality;
• Management of a service providing news about health in the Principality;
• Management of a forum that enables Healthcare Professionals to engage in discussion with their colleagues and with the Administration, which acts as the forum moderator;
• Authorisation management;
• Production of anonymised analytics data for the MonacoSanté Portal. These statistics are produced on the basis of visits to webpages on the Portal and can reveal the identity of the Healthcare Professional and their speciality in the webpage’s URL. They can also reveal the reasons for consulting Healthcare Professionals, without it being possible to identify Patients. This statistical data is hosted in the Principality of Monaco by the Prince’s Government and is accessible only to authorised staff within the Administration.

Processing Personal Data is part of the Administration’s remit. This is justified on the following grounds:

• The consent of the person concerned (User: Patient and Healthcare Professional);
• Public interest: making available to Users information about health in the Principality of Monaco;
• Legitimate interest: enabling the Administration to carry out its remit while taking account of changing use.

To carry out these functions, the following categories of Personal Data are processed:

• For Patients: identity, health information, address and contact details, electronic identification details (login and password), login history, cookies if authorised by the User;
• For Healthcare Professionals: identity, address and contact details, training and career history, electronic identification details (login and password), login history; patient records if calendars are migrated;
• For authorised persons: identity, electronic identification details (login and password), login history.

This information is retained for as long as is required for the purposes cited above, notably:

• • For User accounts (data deleted after a period of inactivity lasting 3 years then intermediate archiving for 5 years);
  • For forum discussions: maximum of 12 months;
  • For information about Healthcare Professionals: for as long as the Healthcare Professional agrees to the publication of detailed information about him/her or for as long as he/she is authorised to practise in the Principality;
  • For login history information: maximum of 12 months.

Personal Data that is processed is provided by the person concerned or by someone close to them. In this case, the latter undertakes to respect the rights of the individuals involved when providing information, including informing the individual(s) that their data has been submitted to the MonacoSanté Portal and, where appropriate, obtaining their consent in accordance with the applicable regulations in force.

The directory of Healthcare Professionals is populated, among other things, using information from the authorisations to practise published in the Official Journal of Monaco. Healthcare Professionals who wish to access the online calendar and/or appointment booking system must provide additional information to the Administration in accordance with the medium provided by the latter.

Healthcare Professionals provide additional information to the Administration themselves when they wish to obtain a MonacoSanté account.

Users’ Personal Data is never used for commercial or advertising communications.

The information collected is internal to the MonacoSanté Portal.

The recipients of Personal Data collected via the MonacoSanté Portal and mobile app are:

• Authorised staff working for the Monaco Government within the strict limitations of the News and Forum services and for access to Users’ support tickets. They do not have administration rights for other services on the Portal or mobile app, and have no access to the Healthcare Professional’s calendar or Patient Area
  • • There is no access to health data or discussions between Healthcare Professionals and Patients as part of the online appointment booking process on the MonacoSanté Portal and mobile app.

• Healthcare Professionals and healthcare facilities with which the Patient wishes to make an appointment
  • • Only the Healthcare Professionals selected by a Patient will receive information relating to an appointment booking;
    • Health data provided by the Healthcare Professional in their calendar is communicated only to people that they have expressly authorised to receive it within their practice (replacement, partner, assistant, secretary). This is the responsibility of the Healthcare Professional.

• The MonacoSanté Publisher for managed services and system maintenance, as well as management of support tickets opened by Users;

• The approved provider of health data hosting services for data collected via the MonacoSanté Portal and mobile app in accordance with applicable legislation.

In addition, data sent by the Healthcare Professional via the information gathering form (this excludes health data) is communicated to authorised persons within the Administration and to the MonacoSanté Publisher.

In accordance with applicable legislation in the Principality of Monaco, Healthcare Professionals and Patients have the right to access their Personal Data and to object to the processing thereof, as well as to request that information relating to them be corrected, supplemented, clarified, updated or deleted where it proves to be inaccurate, incomplete, ambiguous or out-of-date, of if the collection, recording, communication or retention of such data is prohibited.

To exercise their rights or in the event of any questions about how their Personal Data is processed in connection with their MonacoSanté Account, Users may submit a written request:

• By email to: monacosante-dasa@gouv.mc ;
• By post, stating the subject of the request, full name and date of birth, to:

Direction de l’Action Sanitaire

48 Boulevard d’Italie

MC 98000 MONACO

To ensure that the response remains confidential and that we are replying only to the person whose data is involved, those submitting requests may be asked to provide proof of their identity, in black and white.

Any individuals affected (Users) may also exercise their right to access their data via their User account, which includes the information that they have entered.

Patients who wish to exercise their right to access Patient health data or any other data entrusted to the Healthcare Professional by the Patient should contact the relevant Healthcare Professional directly.

Individuals who have exercised their rights but feel, after contacting the Administration and/or the Healthcare Professional (and having allowed the time to respond prescribed by the regulations), that their rights have not been respected, can submit a complaint to the Data Protection Authority of Monaco: www.ccin.mc

With regard to the function that allows Healthcare Professionals to migrate their calendars to MonacoSanté, the Administration acts as a processor on behalf of the Healthcare Professionals (see Paragraph 6 – Calendar Migration).

As part of its remit to manage the calendars of Healthcare Professionals, the Administration shall:

• Process Personal Data from the Healthcare Professional’s patient records solely at the request of the latter;
• Respect the confidentiality of Personal Data that is processed during migration;
• Implement appropriate technical and organisational measures to guarantee a level of security that is commensurate with the risk of processing;
• Delete, within eight (8) days of receipt, all Personal Data received by the Administration as part of the process of migrating the calendars of Healthcare Professionals to MonacoSanté.

As part of the Administration’s remit to manage the calendars of Healthcare Professionals, the MonacoSanté Publisher acts as the Administration’s sub-processor. This relationship between the Administration and the MonacoSanté Publisher is covered by a written contract which subjects the latter to the same data protection obligations as the Administration, as well as any provisions that may apply to it in terms of protecting personal data, and specifically EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (known as the “GDPR”).

1. 9. HYPERLINKS

The creation of hyperlinks to the MonacoSanté Portal or the referral to other external websites via the MonacoSanté Portal are subject to prior approval from the Administration. The Administration reserves the right to request removal of any existing link which contravenes this condition.

The Administration’s MonacoSanté Portal may contain hyperlinks to external websites. The Administration does not control these websites and may not under any circumstances be held liable in any way for the content published on these external websites.

The Administration may not be held responsible for any damage or losses that may result from or be connected with the use of these external websites. Users of the MonacoSanté Portal bear full responsibility for and assume the risks of using these external websites. The Administration may not be held liable in any way.

Should a link lead the User to encounter unlawful content which infringes current legislation, the User should cease browsing the site concerned to avoid incurring the sanctions stipulated under the legislation that applies in the Principality and facing potential legal action. In such cases, the Administration would ask the User to alert it and the relevant authorities immediately to the presence of an automatic link to an unlawful website.

All MonacoSanté Users are invited to contact the Administration by emailing monacosante-dasa@gouv.mc if they encounter a link which does not work.

1. 10. COMPETENT COURTS AND LAWS

In the event of a dispute relating to the interpretation, formation, validity or execution of the Terms and Conditions, or use of the Website, only Monegasque legislation and regulations shall apply.

If an amicable resolution cannot be reached, then in the event of a dispute relating to the interpretation, formation, validity or execution of the Terms and Conditions, the Parties give express and exclusive competence to the competent courts of the Principality of Monaco.