Legal notice

Article 1 - Website publisher

The website herve-med.com (hereinafter the "Website") and the application available at app.herve-med.com(hereinafter the "Application") are published by:

• Company name: HERVE
• Legal form: Simplified joint-stock company (société par actions simplifiée, SAS)
• Share capital: EUR 148,750
• Registered office: Hub Eurasanté, 350 avenue Eugène Avinée, 59120 Loos, France
• SIREN number: 937 942 456
• Trade and Companies Register (RCS): RCS Lille Métropole 937 942 456
• Email address: support@herve-med.com
• Director of publication: Mr. Maxime Jakubowicz, in his capacity as President

Article 2 - Website hosting

Hosting of the Website and of the Application front-end

• Company name: Vercel Inc.
• Registered office: 440 N Barranca Ave #4133, Covina, CA 91723, United States
• Website: vercel.com

Hosting of the API, databases and health data (HDS)

• Company name: Cloud Advice
• Legal form: SASU (single-shareholder simplified joint-stock company)
• Share capital: EUR 20,000
• Registered office: 3 chemin de l'industrie, 69540 Dardilly, France
• Intra-community VAT number: FR89852685445

The hosting provider Cloud Advice stores and transmits health data under an HDS certification (Hébergeur de Données de Santé, French certified health data hosting).

Article 3 - Data storage

Pursuant to Article 6-3 of French Act No. 2004-575 of June 21, 2004 on confidence in the digital economy (LCEN), as amended by Act No. 2024-449 of May 21, 2024 to secure and regulate the digital space (SREN Act), the persons responsible for storing the data processed directly in connection with the publication of this service are:

• Health data hosting (HDS):
  Cloud Advice (SASU), 3 chemin de l'industrie, 69540 Dardilly, France.
  Certification: Health Data Host (HDS) within the meaning of Article L. 1111-8 of the French Public Health Code, ISO 27001 certified.
• Application data storage:
  Same as the HDS host above (Cloud Advice) for the API and databases. The front-end of the Website and the Application is hosted by Vercel Inc. (440 N Barranca Ave #4133, Covina, CA 91723, United States).
• File storage:
  Amazon Web Services (AWS S3), Inc. — file hosting (object storage), HDS certified. Data hosted in France / European Union.
• Storage of analytics and functional data:
  Crisp IM SARL, 2 Boulevard de Launay, 44100 Nantes, France (messaging and customer support).
  PostHog, Inc., 2261 Market Street #4008, San Francisco, CA 94114, USA (audience measurement and behavioral analytics).
  Sentry (Functional Software, Inc.), 45 Fremont Street, 8th Floor, San Francisco, CA 94105, USA (application monitoring and error tracking).
  Stripe, Inc., 354 Oyster Point Blvd, South San Francisco, CA 94080, USA (payment processing).

Article 4 - Regulated activity

The HerVé Application is practice software intended for orthoptists in private practice. It is a practice management support tool and in no way replaces the clinical judgment of the healthcare professional. The Application is not a medical device within the meaning of Regulation (EU) 2017/745.

Health data processed through the Application is hosted by an HDS-certified host (Health Data Host), in accordance with Articles L. 1111-8 and R. 1111-8-8 et seq. of the French Public Health Code.

Article 5 - Intellectual property

All content on the Website and the Application (text, images, graphics, logos, icons, sounds, software, databases, etc.) is protected by the provisions of the French Intellectual Property Code and by applicable international conventions.

The "HerVé" trademark, the associated logo and all figurative or word marks and, more generally, all trademarks, illustrations, images and logos appearing on the Website and the Application, whether registered or not, are and remain the exclusive property of HERVE.

Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the Website and the Application, by any means or process whatsoever, is prohibited without the prior written authorization of HERVE.

Any unauthorized use of the Website, the Application or any of the elements they contain will be deemed to constitute infringement and will be prosecuted in accordance with Articles L. 335-2 et seq. of the French Intellectual Property Code.

Article 6 - Personal data

In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (General Data Protection Regulation, hereinafter "GDPR") and French Act No. 78-17 of January 6, 1978 on information technology, data files and civil liberties, as amended (hereinafter the "Informatique et Libertés Act"), the processing of personal data carried out through the Website and the Application is described in a detailed privacy policy, available at the following address: Privacy policy.

The data controller is HERVE. A Data Protection Officer (DPO) has been appointed. Their contact details are provided in the privacy policy.

For any question regarding the processing of your personal data, you may contact the DPO at the following address: support@herve-med.com.

Article 7 - Cookies

The Website and the Application may use cookies and other trackers. A cookie is a small text file stored on the user's device (computer, tablet, smartphone) when visiting a website.

The cookies used on the Website and the Application serve the following purposes:

• Strictly necessary cookies:These cookies are essential for the Website and the Application to function (authentication, session security, display preferences). They do not require the user's consent.
• Analytics and audience measurement cookies: These cookies measure traffic on the Website and the performance of the Application in order to improve the user experience. Tool used: PostHog.
• Customer support cookies: These cookies are set by the Crisp solution to enable the support chat built into the Website and the Application.
• Application monitoring cookies: These cookies are set by Sentry to detect and fix technical errors in the Application.

In accordance with the recommendations of the CNIL (French data protection authority), users are informed of the use of cookies on their first visit and may, at any time, set their cookie preferences via the cookie management banner or their browser settings.

Manage my cookies

Refusing non-essential cookies does not prevent browsing the Website or using the Application, but some features may be limited.

Article 8 - Hyperlinks

The Website and the Application may contain hyperlinks to other websites or external resources. HERVE has no control over the content of these third-party websites and accepts no liability for their content, their personal data protection practices, or any damage that may result from the use of these websites.

Creating a hyperlink to the Website requires the prior written authorization of HERVE. Any request for authorization must be sent to: support@herve-med.com.

Article 9 - Limitation of liability

HERVE makes every effort to ensure that the information published on the Website is accurate and up to date. However, HERVE does not guarantee the accuracy, completeness or timeliness of the information made available on the Website and reserves the right to modify the content of the Website at any time and without notice.

HERVE cannot be held liable for any direct or indirect damage resulting from access to the Website, its use or the inability to access it, including any damage or virus that may infect the user's computer equipment.

The information provided on the Website is for information purposes only and does not constitute medical, legal or professional advice. Users are invited to consult a qualified professional for any specific question.

Article 10 - Governing law and jurisdiction

This legal notice is governed by French law.

In the event of a dispute and failing an amicable settlement, the competent courts shall be those within the jurisdiction of the registered office of HERVE, namely the Lille court (Tribunal de Lille), unless otherwise required by mandatory legal provisions.

Article 11 - Credits

Website design and development: Lunify (https://lunify.fr)

Graphic design and photo credits: HERVE SAS. All rights reserved.

Article 12 - Contact

For any question regarding this legal notice, you can contact us:

• By post: HERVE - Hub Eurasanté, 350 avenue Eugène Avinée, 59120 Loos, France
• By email: support@herve-med.com