Site Covered: www.maatpharma.com
THE AGREEMENT: The use of this website and services on this website provided by Herve Affagard (hereinafter referred to as “Company”) are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).
The parties referred to in this Agreement shall be defined as follows:
- a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Herve Affagard, Company, Us, We, Our, Ours and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
- b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
- c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
5) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
- a) You further agree not to use the Website or Services:
- I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
6) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
- a) Information We May Collect or Receive: Depending on how You use Our Website or Services, We may receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers, including other marketers.
- c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.
7) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
8) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
9) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
11) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
13) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
- c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
14) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
15) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
16) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
17) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
18) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
19) GENERAL PROVISIONS:
- a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Alabama shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: France, Alabama. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: France. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Alabama. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: email@example.com.
Your privacy is of particular importance to Us. Maat Pharma recognizes and respects the privacy rights of individuals with regard to their Personal Data (as defined below). This Privacy Notice explains what type of Personal Data We may collect about you and how We use it. We want to provide you with all relevant information regarding the way in which Maat Pharma collects and processes your Personal Data.
In this Privacy Notice, “Maat Pharma”, “We’’, ‘’Us’’ and ‘’Our’’ refers to Maat Pharma S.A. a French corporation, together with its subsidiaries.
In the framework of Our activities, We may need to collect and process your Personal Data because of the interactions We have with you as patient, participant to a clinical trial, healthcare professional, user of products and services, worker, advisor, supplier, etc.
We also may collect information about you from third parties, such as Our vendors, suppliers, contractors, and business partners.
Maat Pharma acting alone or jointly with any of its representatives, subsidiaries or contractors is responsible for the processing of Personal Data and is considered as Controller or when acting jointly act as Joint Controllers. Nonetheless, even when acting as Joint Controller of your Personal Data, Maat Pharma is responsible towards you of such a processing when it is carried out on its behalf.
Please refer below to Section “Contact Us” for Our Data Protection Officer contact information.
Personal Data is any information relating to an identified or identifiable individual, processed by Us in connection with the objectives and purposes defined herein.
When Maat Pharma is involved in the processing of your Personal Data, We only do it when We have a legal basis to process your Personal Data, i.e. when it is allowed by a law, a regulation, in particular the European General Data Protection Regulation or “GDPR”, or as a consequence of a commitment with you after your consent. The legal basis may include, without being exhaustive:
- When processing your Personal Data is necessary to protect your life or your fundamental rights and interests;
- When processing your Personal Data is a legal requirement, such as for instance transparency requirements regarding interaction with healthcare professionals, or pharmacovigilance requirements to provide safety and reliability information to authorities about Our products;
- When We have a contractual relationship with you of any kind including an employment contract or when you give Us your prior consent;
- When processing your Personal Data is necessary for communicating with you and this within the framework of an explicit and legitimate purpose as further detailed in the Section below.
The Personal Data processed can take the form of:
- Basic identification information such as your name and contact information;
- Email communications between you and Maat Pharma;
- Connection data: any information regarding your connection to the Maat Pharma website;
- Your responses to any surveys that you choose to participate in;
- Under certain specific situations, Maat Pharma may process Personal Data relating to health. Maat Pharma will only process such category of Personal Data, which qualifies as “sensitive” Personal Data, if duly permitted under applicable laws, including GDPR. Maat Pharma will only process such information if We have obtained your prior explicit and specific consent to do so, or otherwise for reasons of public health or, more generally, of public interest.
In addition to the legal basis, the processing of Personal Data by Maat Pharma is carried out only when the purpose is explicit and legitimate, in the following cases for instance:
- To conduct research and development activities, in particular the manufacture of autologous biological product, perform clinical studies, manage and validate the recruitment and participation of individuals to studies;
- To abide by legal or regulatory obligations such as, without being exhaustive, monitoring safety or pharmacovigilance of Our products, or to respond to governmental authorities requests;
- To provide patient support;
- To improve Our products and services;
- To allow Us to communicate efficiently with you, notably if you are a healthcare professional or patient.
Processing means any action that is undertaken on your Personal Data, such as, for instance: collection, storage, access, analysis, deletion, etc.
Maat Pharma will retain your Personal Data only for the period provided by law and to fulfill a legitimate purpose and for no longer than necessary.
Your Personal Data may be shared among members of Maat Pharma, Our contractors and with competent governmental authorities.
Maat Pharma entities, Our contractors and the competent governmental authorities to which we might transfer your Personal Data may be based in different places around the world.
Regardless of the country where your Personal Data is transferred, We will only share your Personal Data when absolutely necessary and legitimate.
Your Personal Data may be shared with the following third parties:
- Any of Our contractors including those who provide Us with technology services such as data analytics, hosting and technical support; and
- Regulators, governments and any relevant duly authorized official agencies and authorities.
Maat Pharma and Maat Pharma’s contractors or any competent governmental authority may process your Personal Data inside and outside of the European Union.
Data privacy laws in the countries to which your Personal Data are transferred may not be as protective as the GDPR. In that case, We implement suitable measures or rely on an adequacy decision, to guarantee that your Personal Data remains protected and secure when it is transferred outside of the European Union.
These measures include contractual clauses with Our contractors that comply with European Union standards so that the receiving contractor must process and keep your Personal Data appropriately.
We have put in place a variety of security and privacy measures which are intended to ensure, as far as reasonably possible, the security and integrity of all Our information, including your Personal Data.
When your Personal Data are shared with external contractors, We put in place a written agreement that commits the contractors to keep your information confidential, and to put in place appropriate security processes to keep your information secure.
Nonetheless, We want to inform you that the transmission to Us of information via the internet or a mobile phone network may not be completely secure and any transmission is at your own risk.
You can exercise your rights as provided by data protection laws and regulations, especially the GDPR.
To do so, you are entitled:
- To have access upon simple request to your Personal Data;
- To obtain a rectification of your Personal Data should your Personal Data be inaccurate, incomplete or obsolete;
- To obtain the deletion of your Personal Data in the situations defined by data protection laws inter alia the “right to be forgotten”;
- To withdraw your consent to the data processing without affecting the lawfulness of processing, where your Personal Data has been collected and processed on the basis of your consent, or if the legal basis of the processing is for the performance of a contract;
- To object to the processing of your Personal Data, where your Personal Data has been collected and processed on the basis of a legitimate interests, in which case you will need to justify your request by explaining to Us your particular situation; or if the legal basis for processing your personal data is the public interest;
- To request a limitation of the data processing in the situations defined by applicable law;
- To receive your Personal Data for transmission from Maat Pharma to the third-party of your choice, where technically feasible. For your information the “data portability right” is permitted only where the processing is based on your consent.
If you would like to exercise any of these rights, please contact Us as described in “Contact Us” below and We will answer you as soon as possible and according the timeframes foreseen by data protection laws and regulations.
You may also file a complaint before a competent data protection authority regarding the processing of your Personal Data (list of European Data Protection Authorities). However, We suggest that you contact Us beforehand.
This website may use technology called “cookies” which allows this website to recognize and answer you as an individual. In such a case, you will have to choose to accept or decline cookies.
If you have requests or simply have a question regarding this Privacy Notice, or if you would like to exercise your rights, please contact Our Data Protection Officer using the following contact information:
Mailing address: Maat Pharma, Data Protection Officer, 317 avenue Jean Jaurès, F-69007 Lyon
We may change this Privacy Notice from time to time. When this happens, We will provide an updated version that includes a revised effective date. Please check Our Privacy Notice periodically for changes.