Terms of use
1.PROPERTY OF THE WEBSITE
The property of the website http://Pandasmile.app, and the Pandasmile mobile application belongs to: Pandasmile, Company, located at Paris (France).
The General Terms of Use and Privacy Policy governing the use of the services offered through the Pandasmile app, (“Pandasmile”, “us”, “we”) Website (the “Service” or “Services”), the use of Pandasmile app mobile application (“Application”) through mobile devices that enables you to have access to the Internet and browser, the conditions of processing personal data provided by you through the use of our Website and Application, and the relationships between you (Users), Doctors and Pandasmile. Subject to your acceptance of and adherence to these Terms of Use and Privacy Policy, Pandasmileapp hereby grants you a limited, non-exclusive license to utilize the Pandasmile Services as set forth herein. The terms “you” and “user” shall refer to all individuals and entities that access or utilize the Pandasmile Services. Services are only available to registered Users and Doctors. The Doctors may also access to Pandasmile Services through the Application. By your affirmative actions of using the Website or the Application, as applicable, the User and the Doctors expressly consent to and accept the General Terms of Use and Privacy Policy contained herein.
2. DISCLAIMER OF THE PLATFORM
Pandasmile is a platform, which connects the Users and Doctors registered on the Pandasmile app, acting as merely intermediary. The information shared by the users and the Doctors may contain Health-related information and personal data information. However, Pandasmile Company does not own any of such data or information shared between the Users and Doctors. Thus, any data provided by the Users or the Doctors belong exclusively to them. Therefore, Pandasmile Company cannot be held liable for any event occurred relating to such data. Despite the fact that Pandasmile Company does not own any of such data shared by the Users and Doctors, the company has applied all the measures required for the “high-security-level-files” by the Organic Law French "Informatique et Libertés" law of 1978, amended by the law of June 20, 2018 on the protection of personal data, establishing rules on the collection and use of data on European territory.
3. REGISTRATION PROCESS
In accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, access to the Pandasmile Services is limited to persons over 18 years of age. Therefore, when registering on Pandasmile Services, you expressly state and ensure that you fulfill this requirement and otherwise accept the consequences if they arise. If you are unable to comply with the conditions laid down in this paragraph, please do not register at Pandasmile. If you are a Doctor, we confirm in accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, that access to Pandasmile is limited to medical professionals who are qualified to meet all of the requirements demanded by their profession in the country in which they pursue this profession. Therefore, by registering on our website as a Doctor, you expressly state and guarantee that you meet this requirement and accept the consequences that may arise if otherwise. To access to Pandasmile Services, we offer Users and Doctors a registration system that will manage your personal information and create customized access with a user name and password. If you are a User, you can access the registration system through the Application once it is installed on your mobile device. Doctors can access registration through the Pandasmile Website and Pandasmile Pro application.
4.HOW DO WE WORK?
Once registration is completed by the User or the Doctors, Pandasmile works through the Website and through mobile devices where the Application has been downloaded and installed for Doctors and via the Pandasmile App for Users.
Both the User and the Doctor may customize the profile by using the Configuration Panel. By registering as a User, you will allow Pandasmile to use your data once it has been dissociated from you, and it cannot be associated with you as you always remain anonymous along with the aggregated anonymous data from other registered Users. Doctors, through the Website and through the Application respectively and Users through the Application, may enter, access, modify, correct, update, or cancel their profile information and reject the processing of their data. Additionally, Pandasmile provides Users and Doctors an intermediary service between the two in which, through the Website or Pandasmile app, the Doctors can monitor and access data from Users who have invited him/her to be their Doctors.
5.MODIFICATIONS TO THE TERMS OF USE
We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available on the home page of the Pandasmile Site and we will indicate the date of the “Latest Update” at the bottom of the Terms of Use. You are held responsible to visit this page periodically to review the most current Terms of Use. Your continued use of the Pandasmile Services following the posting of such changes constitutes your acceptance of the amended Terms of Use. After incorporation of the new content in the General Terms of Use and Privacy Policy, the User shall declare to have read and accepted the new content and all its content. In case of modification, change or termination of any of the content in these General Terms and Conditions of Use and Privacy Policy under sentence or judgment given by a competent court or under an award made by an arbitrator or by a court of arbitration, the other content that have not been modified, changed, or resolved remain in force and shall be valid for both parties.
6.PRECAUTIONS
Pandasmile provides mobile platforms so individuals can self-monitor their progress. However, it does not provide any legal, medical, or psychological advice, diagnoses, or treatment. Therefore, you assume full risk and responsibility for your use of information obtained through the Pandasmile Services. You acknowledge that all of the information and content in the Pandasmile Services is for informational purposes only and is not intended to replace the relationship between you and Doctors. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions thereby we do not give medical, legal, or psychological advice, diagnoses, or treatment. The Pandasmile Services may provide helpful Information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. “Information” for the purposes of this Terms of Use means all individually identifiable appliance information, including information related to the wear off appliance and functional daily exercises. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the Pandasmile Services. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the Pandasmile Services. You are not a patient of Pandasmile. You must contact a professional for medical, legal, or psychological advice. If you think you may have a medical emergency, call your doctor or emergency phone number immediately.
7. OWNERSHIP OF THE Pandasmile SERVICES
Pandasmile owns or has rights to all of the content in the Pandasmile Services, excluding User Health-Related Information, which belongs exclusively to the User and/or the doctors, as stated in Clause 2. The contents of the Pandasmile Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Pandasmile content. All Pandasmile Content and the compilation (meaning the collection, arrangement, and assembly) of all Pandasmile Content are the property of Pandasmile, Company or its licensors and are protected under copyright. For this reason, the User shall refrain from reproducing, adapting, combining or integrating into other applications, arranging or otherwise handling or transforming, and from publicly communicating or publishing the HalthApp Content. Pandasmile is committed to respecting the rights of industrial and intellectual property of others and expects Users to act in a similar manner. According to the law in effect at the time, Pandasmile responds promptly to claims for infringement on industrial or intellectual property rights that are allegedly committed by Users on the Pandasmile Website. Such claims shall, where appropriate, be notified to the appropriate authorities. Pandasmile reserves the right to use anonymous contributions made by all Users in the testimonial area, or post on the Pandasmile, in order to promote the Services offered through the Website by, but not limited to, the insertion of advertisements in different media or publishing books. Pandasmile reserves the right to remove links to any website that Users place in the testimonial area, or post on the Website, if they have actual knowledge that the activities in such websites, or content thereof, are illegal or violate the rights of others, or if it is required to do so under a court order, arbitration award, or administrative order. Is completely forbidden and Pandasmile reserves the right to remove (with their absolute discretion) any content posted by a User in the testimonial area, or in the forum on the Website, that infringes industrial or intellectual property of others, or is contrary to the law, morality or public order.
8.DISCLAIMERS, LIMITATIONS AND PROHIBITIONS
You are responsible for your actions when using and relying on the Pandasmile Services. Therefore, You are solely responsible for Your User Information and Personal Data stored with the mobile application. You assume all risks associated with Your User Information, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Information contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Your are the sole responsible for the transmission of Information and personal data through Pandasmile’s platforms. Therefore, you undertake to comply with all the security measures and obligations applicable, excluding Pandasmile of any liability regarding such data.
It is forbidden to publish or disseminate information, photographs and any other type of content that, in any obvious way by Pandasmile discretionary judgment, violates the law, morality, public order or good manners.
It is forbidden to publish or distribute personal information, including images or photographs and any other information by a third party, and a third party that is understood as others to be any User or Doctors registered with Pandasmile, or anyone else outside the Website, other than the holder of the information itself.
Pandasmile reserves the right to terminate the account of a User or a Doctors and all related data if it detects or assesses anything illicit, or contrary to morality or public order, or that is detrimental to the image of Pandasmile and/or the content of the Application or its products or Services or the products or services of third parties, as well as offensive content that could incite, promote or advertise illegal activities or defamatory, pornographic character content, violent or discriminatory attitudes or promote discrimination for reasons of race or ethnicity, gender, affiliation, creed or sexual orientation.
Both User and the Doctors use the Pandasmile Services in any of its versions under their sole, exclusive and unique responsibility.
The Doctors who register on the Website guarantees that they are a Doctors and has the credentials as required of a medical professional to work as a medical professional in the country in which they are exercising this profession. The Doctors will be responsible for any directives regarding health and treatment communicated to the registered User. We may change or discontinue, temporarily or permanently, any feature or component of the Pandasmile Services at any time without further notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Pandasmile Services.
We are not responsible for any disputes or disagreements between you and any third party, including doctors, with whom you interact using the Pandasmile Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Pandasmile of all claims, demands, and damages in disputes among users of the Pandasmile Services. You also agree not to involve us in such disputes. Use caution and common sense when using the Pandasmile Services.
The Pandasmile Services may provide links or references to websites operated by third parties. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. We suggest that you read the terms of use and privacy policies (if any) on those third party websites. You assume all risk and we disclaim all liability arising from your use of them. The User and the Doctors accepted there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the Pandasmile Services in any of their versions.
The User is solely responsible for contributing content for testimonies and forums. Pandasmile does not exercise any control over content provided by Users.
9.PRIVACY POLICY GENERAL INFORMATION AND CONSENT
This privacy policy applies to the Website and the Application. Existence of file: In compliance with the Organic Law French "Informatique et Libertés" law of 1978, amended by the law of June 20, 2018 on the protection of personal data, establishing rules on the collection and use of data on European territory, we hereby inform the Users and Doctors that their personal data and other information provided through the registration form and during the use of the Pandasmile Services and during the download, installation or use of the Applicationshall be included and kept in a database for processing, whose responsibilility is Pandasmile, Company. We confirm that this file has been notified and registered in the CNIL (French Data Protection Agency). The user may exercise his right to access, rectify, challenge, and cancel the data through the Pandasmile account.
Obligation to provide information: All data fields on the registration form are required for registration. Failure to communicate such data makes it impossible for Pandasmile to determine if the Services offered on the Website can be used by the User and the Doctors, as it is impossible for the User to use the Application as it is intended to be used. Purpose and Consent: By voluntarily providing personal data, and completing and submitting the registration form for the User and Doctors, or to use the Services or the Application, and by clicking on the corresponding checkbox, the User and the Doctors give their express consent for Pandasmile to process their personal data in order to manage the use of the Pandasmile Services, or the Application’s functionality, and to receive information or news related to the Website or Pandasmile Application by any means, including electronic Emails. Statistics Report: Please note that Pandasmile may use the data provided by the Users and Doctors through the Pandasmile Services in order to draw general conclusions based on these data and statistical reporting to improve our Services. In preparing these reports, the data will be in an aggregate form so it will always be used anonymously and without any elements that identify the User or Doctors who provide such data. Therefore no identification data such as email account, first name and last name of any User or Doctors will be included in these statistical reports. Questionnaires, Surveys and Essays: Please note that Pandasmile Users may send Users and Doctors electronic communications to their email, inviting them to participate, if you chose to do so voluntarily, in survey questionnaires and electronic communications as well as in clinical trials or of a nonclinical nature (“Questionnaires, Surveys and Studies”) organized by Pandasmile or third parties other than Pandasmile, such as associations or organizations of any type or in conjunction with Pandasmile with one or more third parties, in order to mine data and findings that advance research. Participation in these Questionnaires, Surveys and Tests will be entirely voluntary and optional. In case you chose to participate in Questionnaires, Surveys and Tests, your participation is subject to the General Terms and Privacy Policy governing such Questionnaires, Surveys and Tests and you acknowledge, in that case, if you voluntarily accept or reject these General Terms and Privacy Policy prior to your participation in these surveys or questionnaires or electronically-accessed trials. By clicking on the corresponding checkbox you state and expressly agree to receive communications inviting you to participate in online surveys and questionnaires, as well as trials of a clinical or non-clinical nature. However, you are free to participate or not participate, and you do not have to nor will you be under any obligation to participate in those proposals or invitations contained within such communications. Pandasmile acts as intermediary between the Users and Doctors, and those associations and organizations who want to do some kind of research or analysis activity to improve the lives of people.
10.WHAT PERSONAL INFORMATION WE COLLECT?
“Personal Information” for the purposes of this policy means information that identifies you, such as your name, address, phone number or email address. We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual. We collect Personal Information when you: - communicate with us through customer support - communicate with us by sending a feature request
11.UPDATES TO THIS POLICY
We may update this Policy periodically. The date last revised appears at the bottom of the Policy. Changes take effect immediately upon posting.
12. DATA SECURITY
Despite the fact that Pandasmile, Company does not process or store the data shared by the Users and Doctors, the company has applied all the measures required for the “high-security-level-files” by he Organic Law French "Informatique et Libertés" law of 1978, amended by the law of June 20, 2018 on the protection of personal data, establishing rules on the collection and use of data on European territory of the Users and Doctors. Pandasmile ensures absolute confidentiality and privacy of our Users and Doctors personal data, and has therefore adopted essential security measures to prevent alteration, loss, treatment or unauthorized access to guarantee its integrity and safety. However, Pandasmile is in no way liable for any incidents that may arise with respect to personal data that derive either from an attack or unauthorized access to systems that is impossible to detect by the security measures implemented. All of your Information recorded by the means of the Pandasmile Services is stored within your mobile device and and Pandasmile Pro and is accessible by us. We exercise no control over how your information is stored, maintained, or displayed by third parties that you have shared your Information with.
13. COOKIES
Our Website uses automatic data collection systems, not directly provided by the User and the Doctors, such as cookies. Cookies are files that are installed on the hard drive of the User’s and the Doctors computers, or in the memory on the default browser pre-configured in the computer’s operating system, to identify said User or Doctors. While it does not contain intelligible information, it associates the User and Doctors’s identity with personal data that they leave on the Website. Cookies are located on a Pandasmile server so that only Pandasmile can process and/or manage the information collected and obtained through cookies – and exclusively only anonymously, and aggregated in order to optimize the Services of the Website regarding the specific requirements and preferences of Users and Doctorss expressed through their browsers. On entering the Pandasmile Website, the User and the Doctors are giving their consent to install the aforementioned cookies on their hard disk. If the User or Doctors does not want to install a cookie on their hard drive, they must configure their Internet browser software in order to disable them.
14.GOVERNING LAW AND JURISDICTION
The General Conditions of Use and Privacy Policy shall be governed by French law prevalent at the time. Any dispute arising from use of the Website or the Application by the User or by the Doctors, as well as any issues that may arise concerning the interpretation, application and enforcement of these General Terms of Use or the Privacy Policy shall be submitted to the exclusive jurisdiction of the Courts of the City of Paris (France).
15.CONTACT US IF YOU HAVE ANY QUESTIONS OR CONCERNS
If you have questions, comments, concerns or feedback regarding this Policy or any other privacy or security concern, send an e-mail to info@pandasmile.app Date of last revision of the General Conditions of Use and Privacy Policy: December 28, 2023
