Please read the terms of use carefully before using this site.
PIXACARE is an ethical, legal and organizational application that transforms the smartphone camera into a medical device. Two levels of service can be distinguished:
- The foundation of the photo management solution
- SADM (Solution d'Aide à la Décision Médicale) modules unlock new capabilities
These two service levels are part of a software solution: Pixacare.
The PIXACARE application enables all healthcare professionals to take, store and transmit medical photographs of their patients in complete security. Photographs are stored via the PIXACARE application by an accredited health data host whose servers are located in France and, where applicable, in the European Union. No data is stored on the doctor's computer or cell phone. As a healthcare professional, with PIXACARE you can :
- take photographs of your patients at any time and in any place;
- label your photographs by simply adding customizable keywords ;
- organize and manage your photo library. Photographs are stored in chronological order on a user-friendly interface;
- automatically retrieve patient identification data (surname, first name, date of birth, patient ID number if available) from a medium using the mobile application's scan function;
- obtaining the patient's consent ;
- share images with fellow doctors via a contact directory and instant messaging.
Photographs are collected with the patient's consent and used for medical purposes only. The PIXACARE application is available on web and mobile.
These modules unlock new capabilities from the Pixacare solution. The Pixacare medical device is CE marked.
These General Conditions of Sale and Use (hereinafter the "GCSU") describe the terms and conditions under which PIXACARE provides its customers, users and healthcare professionals with access to the PIXACARE application (hereinafter the "Application" or the "Service"). Use of the Service implies unreserved acceptance of the GCSU. The User declares that he/she has read these terms and conditions and accepts them unreservedly by checking the appropriate box when registering on the PIXACARE application and before making any payment. By continuing to access or use PIXACARE after the modified CGVU take effect, the User agrees to be bound by them. The CGVU apply to the exclusion of any other condition which, in the absence of prior and express acceptance by PIXACARE, is unenforceable against it, regardless of when it may have been brought to its attention. The CGVU are accessible at all times on the Internet Site and prevail, where applicable, over any other version or any other contradictory document.
The GTCU apply without restriction or reservation between PIXACARE on the one hand, and any User, healthcare establishment or professional individual or legal entity on the other, whether using the free or paid version of the Application (hereinafter "the User"). PIXACARE and the User are hereinafter collectively referred to as the "Parties".
Once the User has accepted these GTCU, he/she will access the Application from his/her cell phone or computer, which he/she will keep confidential, using a secure device, an up-to-date Internet browser and a secure broadband connection to the Internet. To access his account, the User will log in with the e-mail address he has chosen and his password, which must be at least 12 characters long, made up of upper and lower case letters, numbers and at least 1 special character. It is strongly recommended to choose a unique password that is difficult to guess, and to renew it every 90 days for systems containing sensitive data. To facilitate connection and reinforce security, the User may, if his or her equipment allows, identify himself or herself using biometric data (fingerprint recognition, facial recognition, four-digit code) by setting the appropriate functions on his or her device. If the User has ticked the "Stay logged in" box when previously logged in, he/she will be automatically logged in the next time the Application is opened if the data has been saved. If biometric data has been saved and is not recognized after two login attempts, the User is automatically redirected to the login screen and asked to enter his/her usual password. PIXACARE uses the information provided by the User to create an account, access to which is reserved for the User. The User is responsible for all activities carried out through his/her account. Consequently, he/she must keep his/her password confidential and, preferably, not save it by default, nor store it in an easily accessible digital or paper file in accordance with the recommendations of the Agence nationale de la sécurité des systèmes d'information. PIXACARE reserves the right to refuse to open a User account or to close a User account in the event of non-compliance with these essential precautions, without any compensation whatsoever being claimed. The User may, at any time, request PIXACARE at the following e-mail address: support@pixacare.com, to modify his/her authentication details and undertakes to inform PIXACARE without delay if he/she suspects that his/her login and/or password have been used by an unauthorized third party, in the event of loss or theft.
All our offers include the security and traceability of your data stored with a certified hosting provider
Private practitioners can benefit from the following versions:The free trial version: this includes access to the Mobile Application and a small amount of storage space. Data will be stored in a single database shared by all trial users. With the trial version, you can send photographs securely from time to time, with no time limit. The Premium version: includes full access to PIXACARE, on the web and mobile application, as well as increased storage space for a monthly fee. Any additional Giga of storage will be billed monthly. Switching from the trial version to the premium version enables automated data porting.
The hospital version includes:- Full access to PIXACARE (web and mobile application)- An unlimited number of accounts- Centralized account management- Management by department- Email and telephone support- A dedicated PIXACARE contact person PIXACARE offers hospitals a trial version to test the solution. The terms of this trial period will be defined on quotation. This trial version is free if you subscribe to the PIXACARE solution. At the end of this period, if the Customer does not wish to use PIXACARE's services, or in the absence of a response from the Customer, access to the application will be automatically closed. The Customer will recover his data, which will not be kept by PIXACARE, and will be required to pay a fixed fee indicated on the quotation. This offer is reserved for hospitals. The subscription price will be quoted according to the volume of storage required. Any healthcare professional may take advantage of this offer if the healthcare establishment subscribing to the PIXACARE solution opens a subscription. Subscription payments are made in monthly instalments of the same amount on the 5th of each month, and for the first time within 10 days of subscription. To this end, the subscription form, duly completed and signed by an authorized person, must be accompanied by:- a SEPA direct debit authorization;- a bank statement. Invoices are issued and notified by e-mail.
The Parties do not intend to make their commitment conditional on a period of reflection. By accepting the General Terms and Conditions, the User subscribes to a PIXACARE User License Agreement for a period of one month, at the rate in force on the date of subscription, which will be automatically and tacitly renewed for periods of equal duration, unless terminated in writing by the User by registered letter with acknowledgement of receipt, giving one month's notice before the anniversary date of the Agreement.
Without prejudice to any damages and the right of PIXACARE to terminate the contract at the User's expense, any failure by the User to pay an invoice by the due date will automatically result in :- the application of late payment interest equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus ten percentage points, from the first day of delay;- a flat-rate indemnity for collection costs of €40 per unpaid invoice, to which will be added the reimbursement of all procedural or collection costs and fees, summonses and formal notices, legal proceedings or protective measures necessary to collect the sums due. PIXACARE also reserves the right to automatically suspend the User's access to the Application, without prior notice to the User.
Except with the express, prior and written agreement of PIXACARE, and provided that the reciprocal debts and receivables are certain, liquid and due, no compensation may be validly made by the User between any penalties for delay in the provision of the Services ordered or non-compliance with the order, on the one hand, and the sums owed by the User to PIXACARE for the purchase of said Services, on the other hand.
As part of the Service provided, PIXACARE guarantees the User, in accordance with legal provisions, against any lack of conformity or latent defect, resulting from a fault in the execution of the Service ordered, under the conditions, within the limits and according to the terms defined below. The Service provided by PIXACARE complies with current French legislation. PIXACARE may not be held liable in the event of non-compliance with the legislation of the country in which the services are provided, which it is up to the User, who is solely responsible for the choice of Services requested, to check. PIXACARE makes every effort to ensure that the User is perfectly authenticated, by using services offered within the framework of the General Policy for the Security of Information Systems in the Healthcare Sector (PGSSI-S). Being dependent on the quality of these services, PIXACARE is bound by an obligation of means. In order to assert its rights, the User must inform PIXACARE, in writing, of the existence of defects or lack of conformity within a maximum period of TEN (10) days from the provision of the Service. PIXACARE's guarantee is limited to reimbursement of the monthly installments actually paid by the User, and PIXACARE may not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French jurisprudence. PIXACARE will rectify the defective Service as soon as possible or, if this is impossible, will reimburse the Service by crediting the account of the sum debited for the Service ordered. Under no circumstances may PIXACARE be held liable for direct or indirect damage suffered by the User, his/her patient or a third party, arising from the use of the Service. In the absence of proof to the contrary, the data recorded in the PIXACARE computer system constitutes proof of all transactions concluded with the User.
PIXACARE cannot be held responsible for network interruptions leading to possible unavailability or slowdowns in access to the Application. The User is solely responsible for the maintenance and security of his or her network.
The User remains solely responsible for the Use of his/her account. Healthcare establishment Users are responsible for managing the authorizations and use of accounts by hospital staff authorized to access the Application.
PIXACARE is subject to an obligation of means with regard to the provision of the Service. In the event of breakdowns or anomalies exclusively attributable to the Application, to the exclusion of any error on the part of the User, PIXACARE will use all reasonable means at its disposal to allow a rapid return to normal conditions of use. Maintenance, development or correction operations are necessary to ensure the proper functioning of the Application. PIXACARE reserves the right to interrupt access to the Application at any time in order to carry out the aforementioned operations. PIXACARE undertakes to maintain the availability of its service at an annual rate of 99.5%.
The User may under no circumstances object to these operations, nor request any indemnity or compensation for the temporary unavailability of the Application that may result. The User consents to any changes to the Application that only PIXACARE is entitled to decide and carry out.
Either party may terminate the Contract in accordance with the notice period defined in article 5 of the present Contract. When the User unsubscribes, the medical data will be returned to him in a legible and structured format.
In the event of non-compliance by the User with any obligation whatsoever, as they result from the present GTCU, PIXACARE reserves the right, at its own discretion, either to suspend the User's account, or to terminate the subscription. In the latter case, the remaining sums due for the subscription will be definitively payable and deducted from the User's bank account, and will be forfeited in full as fixed compensation.
PIXACARE may ask the User to amicably terminate the Contract in the event that it encounters, during the performance of the service, strictly unforeseeable difficulties, the solution of which would require the implementation of means out of proportion to the amount of the Contract.
PIXACARE undertakes to comply with current regulations applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable since May 25, 2018 (hereinafter, "RGPD").PIXACARE undertakes to:
- process data solely for the purposes strictly necessary for the performance of the service;
- take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default;
- provide sufficient guarantees that appropriate technical and organizational measures have been implemented;
- take all necessary measures to guarantee data confidentiality, integrity and accessibility;
- ensure respect for privacy, notably by guaranteeing the traceability and security of patient data.
In its capacity as Data Controller, PIXACARE processes the personal data provided by Users when they register, with their consent. The data concerned is as follows: surname, first name, postal address and e-mail address, profession, medical specialty and associated CPAM code, RPPS and/or ADELI number, telephone number, employer's name and address, bank details. PIXACARE uses this personal data to:- provide access to the Application;- manage subscriptions and communicate with the User about them;- process payments;- draw up invoices;- keep and update its files and User accounts;- prevent and detect fraud or abuse. PIXACARE may, if necessary, connect to the Application as an administrator using an account provided for this purpose, as part of the maintenance or improvement of its Services, in particular to provide assistance with technical problems, which the User acknowledges and accepts. This access does not include the viewing, modification or deletion of medical data. In accordance with current national and European regulations, the User has the right to access, rectify, delete, port, limit processing, withdraw consent and object to personal data concerning him or her. The User may also define the fate of his data after his death. These requests should be sent to PIXACARE, by e-mail to the following address gdpr@pixacare.comen indicating the User's surname, first name, address, telephone number, the subject of the request and the right that the User wishes to exercise. In order to verify the identity of the person making the request, PIXACARE may require a copy of their identity document. In the event that the User requests the removal of one or more items of information requested and deemed necessary by PIXACARE for the provision of Services, PIXACARE may freely refuse to renew the subscription. The User's data will be kept for the duration of the subscription. In the event of termination of the subscription, the medical data will be returned to the User in a structured and usable format in the form of a zip file sent to the e-mail address provided at the time of registration, before being deleted by PIXACARE services within 30 days.
The purpose of these clauses is to define the conditions under which PIXACARE (hereinafter the "Subcontractor"), undertakes to carry out on behalf of (hereinafter the "Data Controller"), the personal data processing operations defined below. As part of their contractual relationship, the parties undertake to comply with the RGPD.
On behalf of the Data Controller, the Subcontractor processes patients' personal data required for the performance of the contract between them. The processed data supplied by the Data Controller are as follows:- photographs, nominative and medical data of patients collected and stored in order to provide the care and medical or surgical treatment necessary to improve the patient's health.- contact data of healthcare professionals added to the User's directory. The operations carried out by the Subcontractor on data via the Application are as follows:
- the recovery of photographs and patient personal and medical data deposited by the Data Controller on the secure PIXACARE application, the application enabling authentication of the Data Controller and data security and traceability;
- recovery of contact data for healthcare professionals added by the Data Controller to its directory;
- providing the Data Controller with these elements in a structured format and on an organized, ergonomic interface.
It is the responsibility of the Data Controller to provide all relevant information to the persons it handles, at the time of collection of the data to be processed by the Subcontractor. Thus, the Data Controller undertakes to obtain the consent of the persons concerned by the data processing in writing before processing any photograph. In the case of healthcare establishments such as hospitals, consent will be obtained from the patient at the time of admission. We would like to draw your attention to PIXACARE's integrated chat functionality. This feature enables the exchange of patient data and information between PIXACARE users only. Although the sharing of this information is presumed to take place within the healthcare facility, within the same care team, exchanges can also take place with a third-party professional working in another healthcare facility. In all cases, it is essential to inform the patient, who must be able to object to this processing of personal data. In addition, for any subsequent exchange with an external healthcare professional, the patient's express consent must be obtained.
In addition, the data thus collected, after anonymization, may be subject to further automated processing for the purposes of predictive medicine, precision medicine, decision support and/or prevention by PIXACARE. A model patient information and consent form can be found at the following address: https://pixacare.com/patient-consent
Where data subjects make requests to the Subcontractor to exercise their rights, the Subcontractor will send these requests as soon as they are received by e-mail to the address indicated by the Data Controller.
The data retention period is limited to what is strictly necessary, i.e. the time required to process the data within the framework of the contract. As patient data is not under the control of PIXACARE, it is up to the Data Controller to define the duration of data retention. In the event of unsubscription, data from the User account will be restored and then deleted by PIXACARE along with the entire account.
The Subcontractor may call upon another subcontractor (hereinafter, "the Subsequent Subcontractor") to carry out specific processing activities. In this case, it shall inform the Data Controller in advance and in writing of any planned changes concerning the addition or replacement of other subcontractors. This information shall clearly indicate the processing activities subcontracted, and the identity and contact details of the Subsequent Subcontractor. The Data Controller has a minimum of 2 months from the date of receipt of this information to present his objections. This subcontracting may only be carried out if the Data Controller has not raised any objections within the agreed period. The Subsequent Subcontractor is required to comply with the obligations of these GCUA on behalf of and in accordance with the instructions of the Data Controller. It is the responsibility of the Initial Processor to ensure that the Subsequent Processor presents the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the RGPD.
The Application is hosted by Microsoft Azure, an approved healthcare data hosting company whose servers are located in France and the European Union.
11.2.6 Transfers outside the European Union
The Subcontractor undertakes not to transfer personal data to a country outside the European Economic Area or to an international organization without the prior written consent of the Data Controller.
11.2.7 Safety measures
The Subcontractor declares that it presents sufficient guarantees regarding the implementation of appropriate technical and organizational measures.The Subcontractor undertakes to implement the following security measures: - a commitment by the Data Controller to obtain the patient's consent; - the means to guarantee the confidentiality, integrity, availability and resilience of processing systems and services at all times; - the means to restore availability and access to personal data within an appropriate timeframe in the event of a physical or technical incident; - test procedures to regularly assess the effectiveness of technical and organizational measures to ensure the security of processing, and to take any necessary corrective action.The Subcontractor undertakes to meet the obligation of traceability required by current regulations applicable to the processing of personal data.
11.2.8 Notification of personal data breaches
The Subcontractor shall notify the Data Controller of any personal data breach within 24 hours of becoming aware of it, using the contact details provided by the Data Controller. This notification shall be accompanied by any useful documentation to enable the Data Controller, if necessary, to notify the breach to the competent supervisory authority. The notification shall contain at least : - a description of the nature of the personal data breach including, if possible, the categories and approximate number of persons affected by the breach and the categories and approximate number of personal data records affected; - the name and contact details of the Data Processor's Data Protection Officer or other point of contact from whom further information can be obtained; - a description of the likely consequences of the personal data breach; - a description of the measures taken or proposed to be taken by the Subcontractor to remedy the personal data breach, including, where appropriate, measures to mitigate any negative consequences. If, and insofar as, it is not possible to provide all this information at the same time, the information may be communicated in a staggered manner as soon as possible to the Data Controller.
11.2.9 Data protection officer
The Processor shall communicate to the Controller the name and contact details of its Data Protection Officer, if it has appointed one in accordance with Article 37 of the RGPD.
11.2.10 Register of processing activity categories
The Subcontractor undertakes to implement a register of all categories of processing activities carried out on behalf of the Data Controller including: - the name and contact details of the Data Controller on whose behalf it is acting, of any subcontractors and, where applicable, of the Data Protection Officer; - the categories of processing carried out on behalf of the Data Controller; - the technical and organizational security measures implemented; - where applicable, transfers of personal data to a third country or to an international organization, including the identification of this third country or international organization and, in the case of transfers referred to in the second subparagraph of Article 49(1) of the GDPR, documents attesting to the existence of appropriate safeguards.
11.2.11 Subcontractor's assistance in the Data Controller's compliance with its obligations The Subcontractor may be called upon to assist the Data Controller in carrying out its data protection impact assessment on the part concerning patients under its care to which the Subcontractor has access.
11.2.12 Documentation The Contractor undertakes to provide the Data Controller with the documentation necessary to demonstrate compliance with all its obligations. It will allow audits, including inspections, to be carried out by the Data Controller or another auditor appointed by the latter and who presents sufficient guarantees. Any costs incurred by an audit or inspection at the initiative of a party will be borne by that party.
11.2.13 Software publisher's obligations to the Data Controller
PIXACARE, as publisher of the Application, undertakes to provide software that complies with current regulations. By default, all personal data protection rules are activated in the software. Privacy protection is implicitly managed in the software. The software also ensures data traceability. The design of the software complies with good IT security practice. This applies in particular to the technologies and protocols used, which must keep pace with the latest developments in order to guarantee the highest levels of data confidentiality, integrity and accessibility.
11.2.14 Obligations of the Data Controller towards the Subcontractor The Data Controller undertakes to: - collect data in compliance with the regulations in force applicable to the processing of personal data and, in particular, obtain express and unequivocal consent from the data subject; - provide the Subcontractor with the model consent form that the data subject validates in order to document its own compliance (and forward any updates to the Subcontractor without delay);- document in writing any instructions concerning changes to the purposes of processing that would impact the Subcontractor; - ensure, beforehand and throughout the duration of the processing, that the Subcontractor complies with the obligations set out in the RGPD; - supervise the processing, including, if necessary, carrying out audits and inspections at the Subcontractor.
A cookie is a small text file stored on your computer's hard drive or in your browser's memory when you visit a website. When you connect to your PIXACARE account, the cookies necessary for the proper functioning of the Application will be installed.
Outgoing hypertext links may be present on the Site, however the web pages to which these links lead in no way engage the responsibility of the Editor, who has no control over these links. The User therefore refrains from holding PIXACARE liable for the content and resources related to these outgoing hypertext links.
The content of the www.pixacare.com website and the Application is the property of PIXACARE and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. In addition, PIXACARE retains ownership of all intellectual property rights to software, photographs, presentations, studies, drawings, logos, trademarks, models, prototypes, etc., produced for the provision of Services. Only the User, the signatory hereto, has the right to use the Application. The granting of the right of use does not entail any transfer of ownership.
Consequently, it is strictly forbidden for the User to carry out, or have carried out, in particular the following operations:- transfer or concede, even free of charge, the right to use the software granted to the User by the present contract;- reproduce the software in whole or in part;- decompile, manipulate, disassemble, modify or reprogram the software;- transcribe the software into any language whatsoever;- merge the software in whole or in part into another software or program;- create and/or distribute products and/or functions derived from the software;- sell, rent, lend or exchange the software;- remove or modify the trademarks and proprietary notices appearing on the software or any reproduction thereof or any related media;- transfer the software, in any form whatsoever, to anyone;- access the source code;- correct any errors in the software. PIXACARE expressly reserves the right to correct any errors in the software and does not authorize any third party to access the source codes. To ensure this protection of property, PIXACARE undertakes in particular to:- keep visible any mention of property that PIXACARE may have affixed to programs, media and documentation. The Parties agree that any other use requires the express prior agreement of PIXACARE, which may be accepted in return for additional remuneration, or refused at its discretion.
The User undertakes to treat as strictly confidential all documents, information, results or data of a technical, scientific, commercial, financial, industrial or other nature of which he may have become aware while using PIXACARE.The User undertakes, therefore, both on his own behalf and on behalf of his employees, agents and advisers, for whom he acts as guarantor, not to divulge said documents and information to any person and in any form whatsoever, and not to exploit them for personal purposes and/or outside the performance of the present Contract.The User further undertakes to take all necessary precautions to preserve their confidential nature, as if they were his own information.Termination of the Contract shall not release the User from this obligation.
Any non-performance resulting from a case of force majeure as defined in the GTCU, will suspend the obligations. If the case of force majeure continues for more than three months, the Contract will be terminated automatically and without further formality. In addition to those recognized by current legislation and the case law of French courts, the following are expressly considered as cases of force majeure: total or partial strikes, internal or external to the company, lock-outs, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing or communication, computer breakdown, blockage of switched network telecommunications, and in general any other event beyond the express control of the parties preventing the normal performance of this agreement. PIXACARE will keep the User informed, in a timely manner, of the cases and events listed above.
The annulment of one or more clauses of the Contract shall not affect its other stipulations, which shall continue to be in full force and effect insofar as the general scheme of the Agreement can be safeguarded. The Parties therefore undertake to remedy the situation as soon as possible, if necessary, by introducing an appropriate provision in place of the invalid clause, or in addition to the missing clause.
The fact that a party tolerates the non-performance or imperfect performance of these GCUA or, more generally, tolerates any act, abstention or omission of the other party which does not comply with the provisions of the Contract shall not constitute a modification of this Contract, nor generate any right whatsoever.
The headings and sub-headings of the Contract have been drafted for information purposes only and may not be used to interpret any provision whatsoever of the present document. The GCVU may be subject to subsequent modifications, and the applicable version is that in force on the Internet Site on the subscription subscription date. PIXACARE will endeavor to notify Users 30 days prior to the effective date of the modified GCU.
PIXACARE is a company incorporated under French law. The law applicable to contractual relations is exclusively French law. In the event of a dispute, the parties shall first seek an amicable settlement between themselves, or with the intervention of a mutually agreed mediator.Any dispute arising from the validity, interpretation, performance, resolution or termination of the present contract which cannot be settled amicably shall be submitted to the jurisdiction of the Colmar Court of Appeal.
The present General Terms and Conditions of Use come into force on the date they are put online and are enforceable from the date of subscription by the User, for the entire duration of the Service concerned, until new general terms and conditions replace them. The General Terms and Conditions of Use are permanently accessible at the following address: https://pixacare.com/cgvu. The User has the option of downloading and saving the present General Terms and Conditions of Use from the Site, these operations being their sole responsibility. As the document downloaded and saved by the User may be updated, only the version of the General Terms and Conditions retained by PIXACARE will be authoritative in the event of a dispute. Each modification will take effect immediately upon posting on the Site, but will not be applicable to orders validated by the User prior to said modification. By subscribing to the present Contract, the User accepts the General Terms and Conditions as well as the Personal Data Confidentiality and Subcontracting Policy, which are accessible in a computer format that allows them to be printed and/or downloaded, so that the User can reproduce or save them. The User declares and acknowledges that he/she has full knowledge of these documents, and therefore waives the right to rely on any contradictory document.
