LEGAL NOTICE AND PRIVACY POLICY

Last updated on 04/20/2023.

We believe that the privacy of our clients and users must be paramount. For this reason, we apply a transparency policy to all our processes so that users are always informed and have control over their privacy.

Please read carefully each of these terms that are intended to regulate access and use, and in general, the relationship between this App and its users.

The services offered by this App are purely informative in nature, and therefore this App does not in any case offer diagnoses to its users. This App can never replace the opinion of a doctor, nor the need for an individualized medical consultation. If the user is experiencing a medical emergency, he or she must consult a health professional immediately.

Who is responsible for the processing of your data?

SOCIOEMPRENDE SL has developed this application (hereinafter the “APPLICATION”) within the framework of a PROJECT that promotes health monitoring and self-control.

The person responsible for processing your data will be the healthcare centre participating in the project of which you are a patient. The contact details and information regarding the processing of your data through this APPLICATION are those detailed in the informed consent that you signed when you agreed to participate in the project. If you have any questions regarding this aspect, you can contact the technical patient support service “soporte.digital@fundaciontrilema.org”, so that they can tell you how to contact your centre.
The legal basis for processing your data is based on obtaining your consent and the provisions of article ª 9.2.h of Regulation (EU) 2016/679.

You have the right to access your data, request the rectification of inaccurate data or, where appropriate, request its deletion. As well as limit its processing, oppose and withdraw consent to its use for certain purposes. You can exercise these rights through the contact form indicated to you by the healthcare centre participating in the project of which you are a patient or through soporte.digital@fundaciontrilema.org. We also inform you of your right to file a claim with the corresponding Data Protection Authority, in the event of any action by the data controller that you consider to violate your rights.
You can also contact the Data Protection Officer of the healthcare centre participating in the project of which you are a patient through the means indicated to you in the informed consent that you have signed to agree to participate in the project. If you have any questions regarding this matter, you can send an email to soporte.digital@fundaciontrilema.org, so that they can indicate how to contact your centre.
The personal data you provide us will be kept as long as you do not request its deletion during the period established by Law 41/2002, of November 14, or the corresponding regional regulation.

The contact details of SOCIOEMPRENDE SL are:

• ADDRESS: Calle Valencia, 37B .46940 Manises – Valencia
• CIF: B-98.997.075
• TELEPHONE: 600 091 574
• EMAIL: soporte.digital@fundaciontrilema.org
• COMMERCIAL REGISTRY: Registro Mercantil de Valencia, Tomo 10.498, libro 7.779, folio 122, hoja V-181.927, inscripción 1ª
• DPD (data protection delegate): Alicia Damon Estrella
• DPD CONTACT INFORMATION: 673 248 261

How we obtain your data

THE APPLICATION may obtain information through the following means.

The information that you can enter yourself.
The information entered by the healthcare personnel in charge of monitoring you.
The information obtained by THE APPLICATION when you interact through the platform allowing the use of cookies.
The information obtained by THE APPLICATION in connection with the provision of technical support services and operation of the platform.
This information is collected in order to provide you with the application services in accordance with your interests, always trying to improve your experience as a user.

THE APPLICATION will only collect data that is appropriate, relevant and limited to what is necessary for the provision of our services.

What will we use your data for?

We will use your data to:

• To operate and provide the services and utilities associated with the application to its users.
• In this way, the application will allow electronic monitoring of medical treatment, both by the patient and by the healthcare professionals at the medical center involved in the treatment.
• To provide technical support services to the users of the software application.
• To guarantee the quality, security and improvement of the services offered, especially in light of the current state of technology.

Recipients

As data controllers, the following will have access to your data:

• The collaborating company Amazon AWS as a data center and hosting, its server is hosted in Ireland, this data transfer is permitted because it is a country subject to the European Regulation on Personal Data Protection and guarantees adequate security for such transfer. You can consult their legal notice HERE/

Terms of Use

THE APPLICATION has been developed by SOCIOEMPRENDE, SL and its purpose is to offer support for recording information corresponding to the patient’s pathology, pharmacological treatment, self-control variables and events. The information contained in the application is for guidance purposes only and has been selected in an attempt to be based as much as possible on current scientific evidence. However, it is not intended in any way to replace the work of healthcare professionals.

THE APPLICATION should not be considered in any case a medical device or a medical computer application. All information provided by the user must always be checked and confirmed with a doctor or pharmacist in case of any doubt or health risk that may arise from its use. Therefore, any damage caused by the use of the information contained in this computer application will be the sole responsibility of the users themselves.

The use of the services available in this Application by minors requires that they have previously obtained authorization from their parents, guardians or legal representatives, who will be considered legally responsible for any acts carried out by minors under their care.

Legal representatives of minors have full responsibility for access to Internet content and services by said minors. To this end, they have computer programs and tools for blocking and filtering access to content or websites that are not appropriate for minors.

Data controllers will provide information to third parties when required by law, subpoena or court proceedings. However, in the event of transfer, information will be provided prior to delivery.

Data Security

THE APPLICATION applies appropriate technical and organizational measures to provide a level of security appropriate to the risk, guaranteeing the confidentiality, integrity and availability of your data.

Below we detail some of the security measures used in THE APPLICATION:

STORAGE
The application has 4 servers (physical and virtual). The mHealthcare healthcare platform uses different servers for load balancing and resource distribution.

The safety measures described below are associated with all machines.

• THE APPLICATION has its own infrastructure hosted in a third-party data center. It uses Amazon AWS data centers, which are ranked among the most secure in the world and are subject to the strictest controls to comply with the most demanding security standards in terms of data protection and security.
• All data is stored exclusively in high-security data centers in Ireland and is protected by European data protection law and the European Regulation on Personal Data Protection. Ireland is on the list of countries authorized to carry out international data transfers under maximum security conditions.
• The due confidentiality agreement has been signed with Amazon AWS that regulates and establishes the obligations and responsibilities contained in the current regulations on personal data protection. It also has the TÜV seal according to the ISO 270001 standard since 2004. It certifies an exceptional level in terms of the availability and security of all services in the data centers.
PLATFORM SECURITY
THE APPLICATION incorporates the SSL (Secure Socket Layer) certificate in its infrastructure, an internet protocol that encrypts all data in a transfer, preventing third parties from gaining access to confidential data.

MOBILE APP SECURITY
THE APP features end-to-end security for native mobile applications, enabling protection of code, Web Apps, data and cryptographic keys that reside within and are part of the operating system applications where algorithms and sensitive data are stored.

THE APPLICATION security solution provides automatic defense, with detection and reactive capabilities, by deploying various security measures with obfuscation, checksum and anti-debug techniques that are applied directly to the software code of each application, to protect the binary code.

The layered technology provided by THE APPLICATION for the protection of your App prevents passive and active analysis, and also provides integrity in the applications in such a way that it does not impact the source code, the functionality of the application or the development process.

ACCESS SECURITY (AAA)
THE APPLICATION incorporates the AAA (Authentification, Authorization and Accounting) protocol as a user access security mechanism.

• Authentication: Process of attempting to verify the digital identity of the sender of a communication such as a request to connect, a way of ensuring that users are who they say they are.
• Authorization: Process by which THE APPLICATION database authorizes the identified user to access certain resources of the same.
• Audit: Through which the network or associated systems record each and every access to the resources made by the user, authorized or not.
The authentication methods implemented are based on two keys, username and password, which make it a reliable, accessible and acceptable system for users.
COMMUNICATION CHANNEL SECURITY
The application offers guaranteed security with secure end-to-end connections with communication encryption and use of international standards.
The transmission of information is an essential factor that allows remote medical actions or tele-consultations to be carried out, and to associate different types of communication files (text messaging, chats, audio, static images or video sessions), both between professionals (interconsultations) and in the doctor-patient relationship. The communication channel has a limited bandwidth, so it is important to understand and secure the information. To do this, THE APPLICATION uses the main international standards of the sector that allow the capture, transmission and reception of biomedical information.

NAVIGATION TIPS

Check that the server you are connecting to is located on the correct domain, even when using links stored in favorites.

Do not use web addresses (URLs) or links received via electronic messaging (email, SMS, etc.) that request that you perform any action with your personal data.

Type directly the addresses of the websites you want to connect to.

WHAT RIGHTS DO YOU HAVE REGARDING THE DATA YOU PROVIDE US?

You have the right to obtain confirmation as to whether or not THE APPLICATION is processing personal data concerning you.

Interested persons also have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

In certain circumstances, interested parties may request that the processing of their data be limited, in which case we will only retain them for the exercise or defence of claims.

In certain circumstances and for reasons related to their particular situation, interested parties may object to the processing of their data. THE APPLICATION will stop processing the data, except for compelling legitimate reasons, or in the exercise or defense of possible claims.

You have the right to request the portability of your data as well as to withdraw consent for its processing at any time.

You can exercise your rights by contacting THE APPLICATION, using the contact information mentioned above, indicating as subject “LOPD, Rights” and attaching a photocopy of your National Identity Document or any other legally valid means.

You have the right to lodge a complaint with the supervisory authority.

WHAT OBLIGATIONS DO YOU HAVE REGARDING THE DATA YOU PROVIDE US?

As the owner of your data, you must guarantee its veracity and undertake to communicate any changes that may occur to it.

Sending personal data is mandatory to use THE APPLICATION’s services.

Failure to provide the requested personal data or failure to accept this data protection policy will result in the impossibility of registering and using this application.

As a user, you agree that the information provided to THE APPLICATION about third parties has been collected in accordance with current regulations and having obtained the consent of the data owner.

As a user of this application, you agree to use the App, the services, the content and this legal notice in accordance with the law, morality, good customs and public order.

You agree not to engage in advertising, promotional or commercial exploitation activities through the App, nor to use the content and, in particular, the information obtained through the App to send advertising, send messages for direct sales purposes or for any other commercial purpose, nor to collect or store personal data of third parties.

This application may contain links to third-party websites, whose privacy policies are unrelated to THE APPLICATION. When accessing such websites, you must decide whether to accept their privacy and cookie policies.

This LEGAL NOTICE will be updated periodically, so the conditions that are in force and published at the time of use of the application or the services will be applicable. Please read this information carefully before proceeding to use it, as well as periodically, in order to stay fully informed.

If you have any questions regarding this Legal Notice, you may contact us using the contact details provided above.

CONSENT

You declare that you have been informed of the conditions regarding the protection of personal data, accepting and consenting to the manual and automated processing of the same by THE APPLICATION in the manner and for the purposes indicated in this Personal Data Protection Policy.

You may revoke any authorization at any time using the contact details provided.

APPLICABLE LEGISLATION

The legislation applicable to this LEGAL NOTICE shall be Spanish legislation. Any conflict arising in relation to the service and content of this Legal Notice shall be resolved by the Courts and Tribunals that are competent in accordance with the current legislation applicable in Spain.

APPLICATION CONTENT AND LINKS

The links contained in our application may lead to third-party web content. The purpose of these links is only to facilitate your search for resources that may interest you on the Internet. However, these pages do not belong to THE APPLICATION, nor does it review their content and, therefore, THE APPLICATION does not assume any responsibility for the content, information or services that may appear on these sites, which will be exclusively informative and which in no case imply any relationship between THE APPLICATION and the persons or entities that own such content or the owners of the sites where they are located. THE APPLICATION cannot be held responsible for the operation of the linked page or for any possible damage that may arise from accessing or using it.

Links to THE APPLICATION’s websites must comply with the following conditions:

• The establishment of the link will not imply any type of agreement, contract, sponsorship or recommendation by THE APPLICATION of the page that makes the link.
• The web page on which the hyperlink is established will not contain information with content that is illegal, discriminatory, contrary to commonly accepted ethical principles or violates public order, nor will it contain content contrary to any third party rights.
• THE APPLICATION may request that a link to its website be removed, without having to give any reason. In such case, the page that has made the link must proceed to immediately remove it, as soon as it receives notification from THE APPLICATION.
• THE APPLICATION is in no way responsible for, nor does it guarantee, the quality, accuracy, reliability, correctness or morality of the content or services that the establishment of the hyperlink may offer. The user assumes sole responsibility for any consequences, damages or actions that may arise from accessing the hyperlinked web page.
• The website on which the hyperlink is established may not contain any brand, name, logo, slogan or other distinctive signs belonging to THE APPLICATION except for those signs that form part of the hyperlink itself.

INTELLECTUAL AND INDUSTRIAL PROPERTY

All elements that make up the App, as well as the structure, design, source code, as well as the logos, brands and other distinctive signs that appear in it, are the property of THE APPLICATION or its collaborators and are protected by the corresponding intellectual and industrial property rights.

The images and other graphic elements contained therein are also protected by the corresponding intellectual and industrial property rights.

THE APPLICATION expressly prohibits the carrying out of “framings” or the use by third parties of any other mechanisms that alter the design, original configuration or content of our portals.

The use of the contents must comply with their particular license. Therefore, their use, reproduction, distribution, public communication, transformation or any other similar or analogous activity is totally prohibited unless there is prior and express authorization from THE APPLICATION.

Regarding the citations of third party products or services, THE APPLICATION recognizes the corresponding industrial or intellectual property rights in favor of their owners, and their mere mention or appearance on the Web does not imply the existence of any rights or responsibility over them, nor does it imply endorsement, sponsorship or recommendation.

RESPONSIBILITY

THE APPLICATION does not guarantee that there are no errors in accessing the application or its content, nor that it is up to date, although it undertakes to make every effort to avoid, correct or update them, where appropriate.

Both access to THE APPLICATION and the use that may be made of the information contained therein is the exclusive responsibility of the person doing so.

THE APPLICATION is not responsible for any possible security errors that may occur or for any possible damage that may be caused to the user’s computer system (hardware and software), the files or documents stored therein, as a result of the presence of viruses on the user’s computer used to connect to the services and content of the Web, a malfunction of the browser or the use of non-updated versions of it.

THE APPLICATION is not responsible for the information and content stored, including but not limited to, forums, chats, blogs, comments, social networks or any other means that allows third parties to independently publish content on it.

However, in compliance with the provisions of the LSSI, THE APPLICATION is made available to all users, authorities and security forces, actively collaborating in the removal or, where appropriate, blocking of all content that could affect or contravene national or international legislation, third party rights or morality and public order. If you consider that there is any content on the website that could be susceptible to this classification, please contact us.

THE APPLICATION is not responsible for the replies sent through the different email addresses that appear on its portal, so in no case can any binding legal effect be derived from them.

COOKIE POLICY

THE APPLICATION and its domains use cookies (small information files that the server sends to the computer of whoever accesses the page) for the correct operation and display of the App by the user, as well as the collection of statistics.

USE OF COOKIES

This application uses exclusively one of its own technical cookies for session identification, storage and recovery. The information for which we are responsible is kept for a maximum period of 30 minutes to fulfill the purpose for which it is used.

Consent to the use of cookies

The User declares to have been informed of the conditions regarding the use of cookies, accepting and consenting to their use by THE APPLICATION in the manner and for the purposes indicated in this Legal Notice.