HealthCare Authenticator general terms of use

Effective date of current Policy: April 20, 2024

The HealthCare Authenticator (“HCA”) is an authentication solution belonging to IQVIA, Inc. with offices at One IMS Drive, Plymouth Meeting, PA 19462 USA (“IQVIA” and also hereinafter “we, us, our”). This solution can be embedded on any Customer (the “Publisher”) or IQVIA web site, web application or mobile application (“the Applications”) to authenticate their users, verify if they are HealthCare professionals and provide Single Sign On capabilities (the “Services”).

Topics

  • Purpose
  • Acceptance of the terms
  • Creation of a HealthCare Authenticator account also called OneKey account and access to the Applications
  • Intellectual property
  • Liability
  • Partial nullity / waiver / un-assignability
  • Force Majeure
  • Changes to these terms
  • Applicable law and competent jurisdiction
  • Definitions

1. Purpose

The purpose of these general terms of use (the “Terms”) is to define the terms and conditions pursuant to which users (“the Users” and also hereinafter “User”, “you”, “your”) may access and use the Services we provide to the Applications.

IQVIA is committed to protecting the privacy of the Users. We respect your right to be informed regarding the Processing of your Personal Information. In collecting and using your Personal Information, we will apply a principle of strict necessity and/or minimum necessary in connection with our operation on HCA (Cf. HCA Privacy Policy for more information https://www.healthcaresdks.com/healthcare-authenticator-privacy-policy).

2. Acceptance of the terms

2.1. Any User accessing the Services accepts these Terms and agrees to comply with them. By using the Services, the User represents and warrants being (i) at least 18 years of age and (ii) of sufficient capacity to enter into a contract.

2.2. In using the Services to and accessing the Applications, the User further represents, warrants and undertakes that (i) the information provided by that User to IQVIA is true and accurate, so as not to mislead IQVIA, (ii) the User is not and will be not be violating any applicable law or regulation, and (iii) the User is and will not infringe any copyright, patent, trade mark or any other intellectual property rights of a third party.

3. Creation of a HealthCare Authenticator account also called OneKey account and access to the Applications

3.1. Conditions for Obtaining the Identifier and Password

The process for creating and registering an account using the Services to access the Applications (a “OneKey Account”) is as follows:

3.1.1. The User must fill out a registration form available via the Services. The User shall provide the requested mandatory information, as identified in the HCA Privacy Policy, including his email address, while ensuring that it is accurate and complete;

3.1.2. IQVIA then automatically will send an email notification to the User containing a code that he will have to enter on the Services to validate that he is the owner of the email address he provided. Following this verification process, he will then create his password that will allow for activation of his/her OneKey Account. Thereafter, using his/her identifier and password and subject to these Terms, the User will be able to access and use the Services;

3.1.3. With respect to the information provided by the User for purpose of registration, IQVIA independently verifies the accuracy and completeness of such information and may decide in its entire discretion whether, on the basis of the submitted information, the User meets the conditions for creating a OneKey Account.

3.2. Security of the Identifier and Password

The connection identifier and password for each User are strictly personal and confidential, and may not be used by anyone except the relevant User to which they are assigned. Every User is personally responsible for his/her connection identifier and password, and must therefore ensure their security and confidentiality. The connection identifier and password must be kept private at all times and should not be shared with a third party. In case of loss or theft of his/her identifier and/or password, the User undertakes to so inform IQVIA as quickly as possible, and change their password immediately.

3.3. Modification of the Information Granting Access to the Services

Users acknowledge and agree that the creation of an OneKey Account is contingent on the User's status. Consequently, Users shall promptly inform IQVIA of any modification of his/her status or professional situation that is likely to impact the access rights granted to the User herein.

3.4. Loss of Services Access Right

IQVIA reserves the right, at any time and without prior notice, to deactivate an identifier or password in its absolute discretion, including in circumstances where (but not limited to):

3.4.1. the User has provided IQVIA with inaccurate, false or otherwise misleading information at the time of registration;

3.4.2. the User has not promptly provided an update in connection with his/her change of status in accordance with paragraph 3.3 above;

3.4.3. the change in the User's status no longer entitles the User to use an Onekey Account (in IQVIA’s absolute discretion);

3.4.4. the identifier and/or password has been communicated to a third party or a third party has been allowed to access the Services using another User’s then current web session; or

3.4.5. the User has made fraudulent or otherwise unlawful use of the Services.

3.5. Publisher websites

3.5.1. You acknowledge and agree that IQVIA has no control over any website owned or operated for or on behalf of a Publisher. IQVIA therefore disclaims any and all liability or responsibility for any content or services provided on or through any Publisher website, or any User’s use or reliance on such content or services, including the policies available on the Publisher’s website.

3.5.2. Each Publisher is responsible for its own website. Hence, each Publisher may in its sole discretion determine who will be authorized to access its website, on the basis of the status of the Users and by means of the Onekey Account identifier and password. The Users acknowledge and agree that IQVIA is not involved in this decision and therefore IQVIA shall not be held responsible for any User’s inability to access any website of a Publisher. In order to challenge any such website access refusal, the User should therefore directly liaise with the website's Publisher.

3.6. Use of the Services

Once you are logged in, by using the Services, you agree:

  • To use the Services in accordance with the purpose set out in these Terms
  • Not use the Services in a way that violates any applicable national or international law and regulation;
  • To provide accurate information in the Services;
  • Not interfere with or disrupt the proper functioning of the Services;
  • To use your password and username only for the purpose of authentication to the Services, and not communicate, disseminate, share or make accessible, in any way, your password and/or username to any third party;
  • Not post or upload any content contrary to any applicable laws or regulations, illegal, obscene, threatening, defamatory, invasive of privacy, or otherwise injurious to third parties or objectionable;
  • Not to post any confidential information relating to a third party (e.g., laboratory, patient), or any protected health information or any Personal Information of a patient or consumer.

IQVIA does not want you to, and you should not, send any confidential or proprietary information to IQVIA via the Services. Any submission by you to IQVIA, including but not limited to questions, comments, suggestions or the like shall be deemed to be non-confidential and shall become the property of IQVIA.

Furthermore, by your submission you grant IQVIA an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such information. IQVIA shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such information.

4. Intellectual property

All intellectual property and other rights in the general structure, as well as the trademarks of IQVIA and/or its sister companies and subsidiaries including the logos showing on the Services, any software programs, texts, animated or other images, technology and all other elements included in the Services are the exclusive property of IQVIA, its sister companies, licensors or subsidiaries (the “Content”). You may not remove, delete, alter or obscure any trademarks or any copyright notices, or other intellectual property or intellectual property rights notices from the Services, including any copy thereof. Save as expressly provided in these Terms, no Content may be copied, reproduced, modified, publicly displayed, used to create derivative works or distributed in any way for any commercial purposes. You may not use any robot, spider, deep-link, page-scrape or any other automated device or manual process to monitor or copy any Content from the Services or to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof.

5. Liability

5.1. To the fullest extent permitted by applicable law IQVIA hereby disclaims any and all liability for loss, injury or damage (whether direct, indirect, consequential, incidental or special) arising out of or in connection with the use of the Services by Users (including any use or access of third party websites through the Services) or otherwise including, without limitation:

5.1.1. relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of any content contained in or accessed via the Services;

5.1.2. any acts or omissions of any third parties in connection with a User’s use of the Services;

5.1.3. relating to any interruption, failure or cessation of operation or transmission of the Services;

5.1.4. resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures contained in or accessed via the Services; and

5.1.5. resulting from any virus, worm, trojan, or any other kind of malware or contamination of computer equipment.

5.2. Users should carry out their own evaluation/verification exercise before choosing to rely upon any web site content which is contained in or accessed via the Services.

5.3. The relevant User shall indemnify and hold harmless IQVIA in respect of all claims, charges, liabilities, demands, proceedings and actions, damages, losses, costs, expenses (including legal fees) and interest suffered or incurred by IQVIA and any of its affiliates as a result of or in connection with that User’s use of the Services, or arising out of or in connection with that User’s violation of its obligation of confidentiality over its identifier and password as set out in paragraph 3.2 of these Terms, or their negligence regarding the security of the identifier and/or password.

6. Partial nullity / waiver / un-assignability

6.1. If any provision of the Terms is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of the Terms, if capable of substantial performance, will remain in full force and effect.

6.2. No delay or omission by either party to exercise any right or power it has under the Terms will impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant will not be construed to be a waiver of any succeeding breach or any other covenant.

6.3. The Users shall not assign the Terms or any of their rights or obligations hereunder without the prior written consent of IQVIA.

7. Force Majeure

If and to the extent that IQVIA’s performance of any of its obligations is prevented, hindered or delayed by a Force Majeure Event (as defined below), then IQVIA will be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event. For purpose of the Terms, a “Force Majeure Event” means fire, flood, earthquake, elements of nature or act of God, riot, civil disorder, rebellion or revolution, acts of war or terrorism, industry wide strikes, cyberattacks, and other similar cause beyond the reasonable control of IQVIA.

8. Changes to these terms

We keep these Terms under regular review and we will place any updates on this page. If you continue to use the Services after such changes have been made, you hereby provide your consent to the changes. If there are any material changes to these Terms, IQVIA will notify you as required by applicable law. We will post any adjustments to the Terms on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read these Terms periodically.

Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where your consent for the Processing of Personal Information is otherwise required by law or contract, we will endeavor to comply with the law or contract.

You are encouraged to regularly check the latest version of these Terms. Your use of the Services following any such modification constitutes your agreement to follow and be bound by the Terms as modified.

9. Applicable law and competent jurisdiction

These Terms and any and all claims, disputes or proceedings of any kind (whether contractual or non-contractual) arising out of or in connection with them shall be governed by and construed in accordance with French law. You irrevocably submit to the exclusive jurisdiction of the French courts in respect of all proceedings arising out of these Terms (whether contractual or non-contractual).

10. Definitions

Data Subject
is an identified or identifiable natural person. A Data Subject may be a User or any other natural person.

Personal Information
is any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing
means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third Party
is any natural or legal person, public authority, agency or body other than the Data Subject, User, IQVIA or IQVIA's agents.


Access to the Terms of Use in other languages: Français, Italiano