TERMS AND CONDITIONS FOR USE
Information about the developer
In compliance with Act 34 of 11 July 2002 on Information Society and Ecommerce Services, the User is informed that the rehabilify application is owned by:
- Identity
- FUNDACIÓ EURECAT – hereinafter referred to as rehabilify.
- Tax Identification Code (NIF)
- G66210345
- Registered office:
- Parc Tecnològic del Vallès. Avinguda Universitat Autònoma, 23 – 08290 Cerdanyola del Vallès (Barcelona)
- Email address
- legal@eurecat.org
- Registration data
- Recorded in the Foundations Registry of the Autonomous Government of Catalonia with number 2826.
- Identity
- Doole Health S.L.
- Tax Identification Code (NIF)
- B67450478
- Registered office
- Ctra Canyet, s/n, 08916, Badalona, Barcelona
- Email address
- info@doolehealth.com
- Registration data
- Recorded in the Companies Registry of Barcelona in Volume 46958, Folio 154 and Sheet number B-536446.
General aspects
The use of the service offered by rehabilify by means of the application is subject to these Terms and Conditions for Use as described below.
rehabilify reserves the right to change or modify any of the Terms contained in these conditions or in any service policy. The users of the application will be previously informed about the changes that affect them regarding the Terms and Conditions for Use and/or the functionality of the application and any change or modification will be effective once it has been posted on the same mobile application.
To whom is it addressed?
The services offered by rehabilify are exclusively addressed to health institutions or centres managing patients so that the professionals involved can apply an integrated care approach and include a decision-making support system. Moreover, a patient with physiotherapy needs will benefit from an application that promotes self-management, change in behavior and better monitoring.
Definitions
For the purpose of these terms, the following definitions will be applicable:
- APP Developer: This means the enterprises that develop the application and make it available to health institutions or centres managing patients. The developers of rehabilify acquire the position of Data Controllers in compliance with the obligations stipulated in the data protection regulations in force.
- Health institutions or centres managing patients: This means the institutions that acquire the application for the purpose of maintaining a relationship with the patient. Such institutions acquire the position of Data Processors.
- Patients: This means the users interested in downloading the application in order to monitor the treatment between the professionals and patients, the owners of their data being the health institutions or centres managing patients.
Data protection
Pursuant to Regulation (EU) 2016/679, approved in April 2016 that came into force in May 2018 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Spanish Act 3 of 5 December 2018 on data protection and the guarantee of digital rights (LOPDGDD), the following information is provided:
rehabilify will only be responsible for the data of health institutions or centres managing patients and the data will be processed for the purpose of rendering the contracted service, the legitimate basis of the contractual relationship, managing the correct functioning of the application and its operation: the personal data will be processed to the extent it is strictly necessary for the purpose of providing and guaranteeing the security of the application and the information, the legitimate interest being the legitimate basis for processing.
The data will be stored for the time strictly necessary to achieve the purpose for which they were collected and in all cases in order to determine the possible liabilities that could arise for this purpose, bearing in mind the period stipulated in the relevant regulations. Moreover, the data will not be disclosed to third parties unless there is a legal obligation to do so and no international data transfers will take place.
Such institutions may exercise their rights to access, rectify, erase data and request portability of the data, which is limited to the processing or object thereof, by sending an email to the Data Protection Officer at: legal@eurecat.org.
Moreover, rehabilify acquires the position of Data Processor. In this respect, it accepts such position related to the personal data that could be subject to processing, complying with the provisions in Article 28 of the GDPR and the LOPDGDD.
The health institutions or centres managing patients act as Data Controllers of the patients and the professionals that use the application. In this respect, the Data Controller undertakes to duly inform the patients and professionals about the data processing, and:
- To process the personal data related to the person concerned legally, loyally and transparently.
- To request the personal data for certain specific, explicit and legitimate purposes and not to subsequently process them in any manner that is incompatible with such purposes.
- To only process the personal data that are sufficient, pertinent and limited to what is necessary related to the purposes for which they are processed.
- To keep the data up to date and to adopt all reasonable measures for the personal data that are inaccurate for the purposes for which they are processed to be immediately erased or rectified.
- To keep the personal data so that the parties concerned can be identified for no longer than is necessary for the purpose of processing the personal data.
- To process the personal data so that suitable security of them is guaranteed, including protection from unauthorized or unlawful processing and from their loss, destruction or accidental damage by applying the appropriate technical or organizational measures.
In this respect, both the patient and the professionals must carefully read the information provided by the Data Controller about the processing of their data, as specified in the section "Information about processing the data by the Data Controller". rehabilify shall be held harmless for all liability for the processing thereof.
Security measures
The processing activities carried out by rehabilify are performed automatically by applying legal, technical and organizational measures to guarantee a suitable level of security for the risk and to avoid loss, destruction, alteration and/or unauthorized access of the personal data and the information.
The technical and organizational security measures are aimed at specifically guaranteeing the following: control of physical access to the equipment where the data are processed, control of the devices that could contain personal data, control of data storage, control of the users authorized to access the data and the type of access they make, control of the transfer of the data and their transport and control of the availability and integrity of the data.
Non-disclosure
The protection of the knowledge and other information transferred by means of the application and other attached documents that include the users’ own confidential information is of the utmost importance. The information is excluded that previously formed part of the public domain. For such purpose, the parties undertake an obligation to keep them confidential, adopting the appropriate measures to ensure that this confidential information cannot be disclosed, manipulated, copied, reproduced or made available to third parties, unless the express consent has been granted by the party concerned during the valid term of this agreement and after the termination thereof.
The party harmed due to any breach of the commitment not to disclose the aforementioned information may claim the relevant compensation for the damages caused and file the legal actions such party is entitled to.
Intellectual and Industrial Property for the contents
rehabilify or its licensees are the owners of all the intellectual property rights for the Contents of the tool, deeming these to mean all the designs, databases, underlying computer programs, (including the source code), along with the different elements included in the tool (texts, graphics, photographs, videos, colors, etc.), structure, order, etc. The trade marks and trade names ("distinctive signs") belong to the company or its licensees.
The use of the tool by Users does not imply assignment of any intellectual or industrial property right. Users are absolutely forbidden to reproduce, copy, distribute, make available or, in any other manner, publicly disclose, transform or change the Contents or Distinctive Signs, unless they have been granted authorization by the owner of the relevant rights or this is legally allowed.
Links from the Website
rehabilify may include links to websites or applications of third parties that are accessible by users. However, rehabilify does not accept responsibility for the contents of these linked websites and Users will be responsible for accepting and verifying their accesses every time.
The purpose of such links or mentions does not imply any support, approval, marketing or any relationship whatsoever between the websites and the persons or enterprises owning the places where they are found.
Downloading the App
Before downloading the app, the user must ensure it has the following available:
- Android version 8.0 or higher.
- iOS 15.7 or higher, compatible with iPhone, iPad and iPod touch.
Responsibility
The Users are the sole parties responsible for the use they could make of any information or mechanism of rehabilify.
rehabilify does not accept responsibility for any damage caused to the User’s hardware and/or software due to accessing and using the tool. It neither accepts responsibility for the damages and/or harm that could be caused by accessing and/or using the information in the tool, specifically those that could be caused to the computer systems or by virus/or IT attacks, disconnections, interruptions, lack of communications and/or the Internet or defects thereof.
Users are responsible for the damages and/or harm that could be caused to rehabilify due to breaching any of the obligations they could be subject to according to the general contracting conditions and privacy policy.
Support
Pursuant to these terms and conditions for use, rehabilify will offer and/or publish the new extensions or versions and other services related to the use of the application or Service at the online store.
In all cases, the user is responsible for carrying out the upgrades of the application by means of the functionalities provided by rehabilify at the online store.
Information about the processing of the data by the Data Controller
The health institutions or centres managing patients are the sole parties responsible for processing the patients’ data. In this respect, they undertake to duly provide information about the processing of the patients’ data pursuant to the provisions in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Moreover, the patient must carefully read the information provided by the Data Controller and accept the terms and conditions thereof.