1.PROPERTY OF THE WEBSITE
The property of the website http://bcnhealthapp.com, and the HealthApp mobile application belongs to: Healthapp, S.L., located at c/ Gran Capitán 2, 08034 Barcelona (Spain), with tax ID number B-66167016, inscribed in the Mercantile Registry Sheet B-451675, Volume 44273, Folio 152.
The General Terms of Use and Privacy Policy governing the use of the services offered through the Healthapp, S.L. (“HealthApp”, “us”, “we”) Website (the “Service” or “Services”), the use of HealthApp 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&Health Care Professionals (“HCP”) and HealthApp.
Subject to your acceptance of and adherence to these Terms of Use and Privacy Policy, HealthApp hereby grants you a limited, non-exclusive license to utilize the HealthApp Services as set forth herein. The terms “you” and “user” shall refer to all individuals and entities that access or utilize the HealthApp Services.
Services are only available to registered Users and HCP. The User may also access to HealthApp Services through the Application. By your affirmative actions of using the Website or the Application, as applicable, the User and the HCP expressly consent to and accept the General Terms of Use and Privacy Policy contained herein.
2. DISCLAIMER OF THE PLATFORM
HealthApp is a platform, which connects the Users and therapists (HCP) registered on the website www.bcnhealthapp.com, acting as merely intermediary. The information shared by the users and the HCP may contain Health-related information and personal data information. However, Healthapp, S.L. does not own any of such data or information shared between the Users and HCP. Thus, any data provided by the Users or the HCP belong exclusively to them. Therefore, Healthapp, S.L. cannot be held liable for any event occurred relating to such data.
Despite the fact that Healthapp, S.L. does not own any of such data shared by the Users and HCP, the company has applied all the measures required for the “high-security-level-files” by the Organic Law 15/1999 on Protection of Personal Data, in order to grant the protection of the data and information of the Users and HCP.
3. REGISTRATION PROCESS
In accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, access to the HealthApp Services is limited to persons over 18 years of age. If you are under 18 we will require you prior to use, expressly, to secure authorization in writing from your parents or guardians. Therefore, when registering on HealthApp Services, you expressly state and ensure that you fulfil 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 HealthApp.
If you are a HCP, we confirm in accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, that access to HealthApp 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 HCP, you expressly state and guarantee that you meet this requirement and accept the consequences that may arise if otherwise.
To access to HealthApp Services, we offer Users and HCPs 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. HCP can only access registration through the Website by selecting the link called “HCP”.
4.HOW DO WE WORK?
Once registration is completed by the User or the HCP, HealthApp works through the Website and through mobile devices where the Application has been downloaded and installed.
In the case of HCP, they may only access via the Website as the Application is exclusively for Users. Both the User and the HCP may customize the profile by using the Configuration Panel.
By registering as a User you will allow HealthApp 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. Also, the User registration will allow you to synchronize your data in a secure environment to make and keep a backup copy so you can store and retrieve your data at any time and from any device that lets you do so.
Both HCP and Users, through the Website and through the Application respectively, may enter, access, modify, correct, update, or cancel their profile information and reject the processing of their data.
Additionally, HealthApp provides Users and HCP an intermediary service between the two in which, through the Website, the HCP can communicate, advice, monitor and access data from Users who have invited him/her to be their HCP.
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 HealthApp 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 HealthApp 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
HealthApp provides mobile platforms so individuals can self-monitor their recovery 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 HealthApp Services.
You acknowledge that all of the information and content in the HealthApp Services is for informational purposes only and is not intended to replace the relationship between you and HCP. 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 HealthApp Services may provide helpful Health-Related Information, but it is not intended to substitute for professional advice, diagnoses, or treatment, or your judgment. “Health-Related Information” for the purposes of this Terms of Use means all individually identifiable health information, including information related to an individual’s physical or mental health. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the HealthApp Services. You assume full risk and responsibility for the use of or reliance on information you obtain from or through the HealthApp Services.
You are not a patient or client of HealthApp. 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.
8.TERMINATING YOUR AGREEMENT WITH HEALTHAPP SOCIAL DIABETES
These General Terms of Use will continue to apply until terminated by either you or HealthApp in accordance with the following provisions:
– If you want to resolve your relationship with HealthApp, you may do so by notifying HealthApp at anytime or by canceling your HealthApp account. Your notice should be sent in writing to the email info@bcnhealthapp.com.
– HealthApp may resolve your legal relationship with you at any time if:
You breach any of the clauses in the General Conditions of Use and Privacy Policy,
HealthApp is required by law;
HealthApp no longer provides Services to Users and HCP within the User’s country of residence or the country in which the HCP practices their profession or the country in which the User uses the Services.
The result of the resolution will be to cancel the Services and cancel the account of the User or the HCP, as appropriate, and cancel all of their personal data.
7. OWNERSHIP OF THE HEALTHAPP SERVICES
HealthApp owns or has rights to all of the content in the HealthApp Services, excluding User Health-Related Information, which belongs exclusively to the User and/or the therapists, as stated in Clause 2.
The contents of the HealthApp Services include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other HealthApp content. All HealthApp Content and the compilation (meaning the collection, arrangement, and assembly) of all HealthApp Content are the property of Healthapp, S.L. 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.
HealthApp 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, HealthApp responds promptly to claims for infringement on industrial or intellectual property rights that are allegedly committed by Users on the HealthApp Website. Such claims shall, where appropriate, be notified to the appropriate authorities.
HealthApp reserves the right to use anonymous contributions made by all Users in the testimonial area, or post on the HealthApp, 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.
HealthApp 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 HealthApp 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.
9.DISCLAIMERS, LIMITATIONS AND PROHIBITIONS
You are responsible for your actions when using and relying on the HealthApp Services. Therefore, You are solely responsible for Your User Health-Related Information and Personal Data stored with the mobile application. You assume all risks associated with Your User Health-Related Information, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Health-Related 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 Health-related Information and personal data through HealthApp’s platforms. Therefore, you undertake to comply with all the security measures and obligations applicable, excluding HealthApp 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 HealthApp 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 HCP registered with HealthApp, or anyone else outside the Website, other than the holder of the information itself.
HealthApp reserves the right to terminate the account of a User or a HCP 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 HealthApp 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 HCP use the HealthApp Services in any of its versions under their sole, exclusive and unique responsibility.
The HCP who register on the Website guarantees that they are a HCP 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 HCP 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 HealthApp 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 HealthApp Services.
We are not responsible for any disputes or disagreements between you and any third party, including clinicians, with whom you interact using the HealthApp Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release HealthApp of all claims, demands, and damages in disputes among users of the HealthApp Services. You also agree not to involve us in such disputes. Use caution and common sense when using the HealthApp Services.
The HealthApp 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 HCP accepted there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the HealthApp Services in any of their versions.
The User is solely responsible for contributing content for testimonies and forums. HealthApp does not exercise any control over content provided by Users.
10.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 15/1999 on Protection of Personal Data, we hereby inform the Users and HCP that their personal data and other information provided through the registration form and during the use of the HealthApp Services and during the download, installation or use of the Applicationshall be included and kept in a database for processing, whose responsibilility is Healthapp, S.L., located at c/ Gran Capitán 2, 08034 Barcelona (Spain), with tax ID number B-66167016 (regardless of the fact that they are not transferred to HealthApp in any case). We confirm that this file has been notified and registered in the Spanish Data Protection Agency, with the registration number […].
The user may exercise his right to access, rectify, challenge, and cancel the data through the HealthApp account, in writing to the email info@bcnhealthapp.com or to the address c/ Gran Capitán 2, 08034 Barcelona (Spain).
Obligation to provide information: All data fields on the registration form are required for registration. Failure to communicate such data makes it impossible for HealthApp to determine if the Services offered on the Website can be used by the User and the HCP, 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 HCP, or to use the Services or the Application, and by clicking on the corresponding checkbox, the User and the HCP give their express consent for HealthApp to process their personal data in order to manage the use of the HealthApp Services, or the Application’s functionality, and to receive information or news related to the Website or HealthApp Application by any means, including electronic Emails.
Statistics Report: Please note that HealthApp may use the data provided by the Users and HCP through the HealthApp 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 HCP who provide such data. Therefore no identification data such as email account, first name and last name of any User or HCP will be included in these statistical reports.
Questionnaires, Surveys and Essays: Please note that HealthApp Users may send Users and HCP 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 HealthApp or third parties other than HealthApp, such as associations or organizations of any type or in conjunction with HealthApp 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. HealthApp acts as intermediary between the Users and HCP, and those associations and organizations who want to do some kind of research or analysis activity to improve the lives of people.
11.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, fax 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
12.INFORMATION YOU ELECT TO SHARE WITH OTHERS
Through the HealthApp Services, you can collect and store Health-Related Information, which you can then share with others if you chose to do so. Many users find this to be an important motivator in achieving their recovery goals. “Health-Related Information” for the purpose of this Policy means individually identifiable health information, including information related to an individual’s physical or mental health. You should be aware that such information is not encrypted when stored on your mobile device, and can be read by others if you do not take the proper security safeguards.
Users expressly agree that the HCP will have access to the data provided by the HealthApp User in order that their HCP can follow up and monitor the User, and can give them the advice they consider appropriate for as long as the User decides. Consequently, the User expressly authorizes HealthApp to transfer the User’s personal data to communicate with their HealthApp HCP.
In any case, the User’s personal data will not be disclosed or transferred by any party other than their HealthApp HCP on the Website under the terms listed above without the User’s express prior express.
The HCP may only use the User’s data who has selected them as their HCP in order to be able to follow up and monitor the User, and give the advice they consider most appropriate for the period that the User decides. With the acceptance by the HCP of the User’s invitation to be their HCP, the HCP is expressly authorized for the assignment of personal data for the HealthApp HCP, consisting of: e-mail the HCP (which, in any case, this HCP has provided to the User prior to the User sending them the invitation freely, voluntarily, and optionally without any intervention from HealthApp), their first name and last name, the User who invited them to be their HCP and has agreed to be their HCP, for the purpose indicated in this paragraph. Users may have as many HCP as they want, if, in turn, the HCPs they invite accept their invitations.
In any case, the HCP personal data will not be given or transferred by HealthApp to any party other than the User who invited them to be Their HCP on the Website, (and whose invitation has been accepted), without the express prior consent of the HCP personally.
At any time, the User and the HCP may terminate their relationship with HealthApp by using one of the options that is available to both in their configuration panels. From that moment that the HCP or the User decide to end their relationship through the Website, the person that the User designated as their HCP will immediately cease to access the data provided by the User to HealthApp, and the User will no longer have immediate access to the data stored with their HCP in HealthApp. Both the User and the HCP may disengage other Users and HCP, respectively, at any time.
15.CHILDREN
We do not knowingly collect any personal information from children under 14. If we discover that a child under the age of 14 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.
CHILDREN
We do not knowingly collect any personal information from children under 14. If we discover that a child under the age of 14 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.
16.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.
17. DATA SECURITY
Despite the fact that Healthapp, S.L. does not process or store the data shared by the Users and HCP, the company has applied all the measures required for the “high-security-level-files” by the Organic Law 15/1999 on Protection of Personal Data, in order to grant the protection of the data and information of the Users and HCP.
HealthApp ensures absolute confidentiality and privacy of our Users and HCP personal data, and has therefore adopted essential security measures to prevent alteration, loss, treatment or unauthorized access to guarantee its integrity and safety, and has especially taken the measures provided for this in the Royal Decree 1720/2007 of 21 December, approving the Regulations implementing the Organic Law 15/1999 of 13 December, on the protection of personal data. However, HealthApp 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 Health-Related Information recorded by the means of the HealthApp Services is stored within your mobile device and is in no way accessible by us. We exercise no control over how your information is stored, maintained, or displayed by third parties that you have shared your Health-Related Information with.
18. COOKIES
Our Website uses automatic data collection systems, not directly provided by the User and the HCP, such as cookies. Cookies are files that are installed on the hard drive of the User’s and the HCP computers, or in the memory on the default browser pre-configured in the computer’s operating system, to identify said User or HCP. While it does not contain intelligible information, it associates the User and HCP’s identity with personal data that they leave on the Website.
Cookies are located on a HealthApp server so that only HealthApp 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 HCPs expressed through their browsers.
On entering the HealthApp Website, the User and the HCP are giving their consent to install the aforementioned cookies on their hard disk. If the User or HCP does not want to install a cookie on their hard drive, they must configure their Internet browser software in order to disable them.
19.GOVERNING LAW AND JURISDICTION
The General Conditions of Use and Privacy Policy shall be governed by Spanish law prevalent at the time. Any dispute arising from use of the Website or the Application by the User or by the HCP, 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 Barcelona (Spain).
20.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@bcnhealthapp.com
Date of last revision of the General Conditions of Use and Privacy Policy: November 05, 2014