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SocialDiabetes

 

General Terms of Use and Privacy Policy


The website located at the URL https://www.socialdiabetes.com (the "Website") is operated and owned by the SOCIALDIABETES, S.L Society, located at Avinguda Diagonal 56, 6º - 3ª, 08019 Barcelona (Spain), with tax ID number B-65765489, registered in the Commercial Register of Barcelona, Volume 43223, Folio 153, Page B-427884, 1st entry (hereinafter, "SocialDiabetes").

The General Terms of Use and Privacy Policy governing the use of the services offered through the SocialDiabetes Website (the "Service" or "Services"), the use of the SocialDiabetes mobile application (the "Application") through mobile devices that enable the User 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 Users, Health Care Professionals (hereinafter, “Doctors/HCP”) and SocialDiabetes.

Services are only available to registered Users and Doctors/HCP. The User may also access our Services through the Application.

By registering and using the Website or the Application, as applicable, the User and the Doctors/HCP expressly consent to and accept the General Terms of Use and Privacy Policy contained herein.

1. Terms of Use

1.1. Registration

If you are a User, we confirm that, in accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, access to the Website and use of the Application is limited to persons over 18 years of age. Users who are under 18 will be required prior to use, expressly, to secure authorization in writing from their parents or guardians. Therefore, when registering on our Website, you expressly state and ensure that you fulfil this requirement and otherwise accept the consequences if they arise. Also, if you do not live in Spain, you should check prior to completing registration on this Website if you are within age restrictions in your country of residence and if the age consent you provide is valid. If you are unable to comply with the conditions laid down in this paragraph, please do not register at SocialDiabetes.

If you are a Doctors/HCP, we confirm in accordance with the provisions of the law governing these General Terms of Use and the Privacy Policy, that access to SocialDiabetes 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 Doctors/HCP, you expressly state and guarantee that you meet this requirement and accept the consequences that may arise if otherwise.

To access our Services, SocialDiabetes offers Users and Doctors/HCPs a registration system which 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 from our Website’s homepage by selecting the link called "Sign Up" or through the Application once it is installed on your mobile device. Doctors/HCP can only access registration through the Website by selecting the link called "Doctors/HCP".

1.2. How does SocialDiabetes work?

Once registration is completed by the User or the Doctors/HCP, SocialDiabetes works through the Website and through mobile devices where the Application has been downloaded and installed. In the case of Doctors/HCP, they may only access via the Website as the Application is exclusively for Users. Registering as a User and a Doctors/HCP is required to use the Services and also in the case of the User to use the Application. Both the User and the Doctors/HCP may customize the profile by using the Configuration Panel.

By registering as a User you will become part of the world's leading online diabetes community that allows the scientific community, for example, the comprised of researchers, physicians, clinics, and hospitals, among others, and without limitation, to evaluate, manage and follow certain guidelines related to diabetes, as well as investigate and advance the treatment of diabetes and improve the lives of these people through statistical reporting. To do this, SocialDiabetes utilizes 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 through the Website, and through the Application, the user may enter, access, modify, correct, update, or cancel their profile information and reject the processing of their data.

Additionally, SocialDiabetes provides Users and Doctors/HCP an intermediary service between the two in which, through the Website, the Doctors/HCP can communicate, advice, monitor and access data from Users who have invited him/her to be their Doctors/HCP. More information on these issues, in Section 2.3. of these General Terms of Use and Privacy Policy.

1.3 Obligations and responsibilities of the User and the Doctors/HCP

- The User and the Doctors/HCP are solely responsible for their respective SocialDiabetes accounts and the information provided as well as the use and safety of their usernames and passwords.

- The User and the Doctors/HCP ensure that the personal information they provide to SocialDiabetes is accurate and truthful at all times.

- It is forbidden to publish or disseminate information, photographs and any other type of content that, in any obvious way by SocialDiabetes 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 Doctors/HCP registered with SocialDiabetes, or anyone else outside the Website, other than the holder of the information itself.

- It is forbidden to publish or disseminate any information or commercial advertising.

- SocialDiabetes reserves the right to terminate the account of a User or a Doctors/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 SocialDiabetes 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.

- The User and the Doctors/HCP use the Services offered by SocialDiabetes in any of its versions under their sole, exclusive and unique responsibility and the User uses it under their sole, exclusive and unique responsibility for the Application in any of its versions.

1.4 Obligations and responsibilities specific to the User

- Complementary to the obligations and responsibilities set forth in Section 1.3 above, the User can freely and voluntarily choose to send an invitation to a Doctors/HCP of their choice to be incorporated as their Doctors/HCP on the Website. The User is obliged and responsible for verifying that their selected Doctors/HCP is a Doctors/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 User assumes any liability that may arise from their selection of the Doctors/HCP and the Doctors/HCP said ability to practice and the consequences of following the advice and treatment of the Doctors/HCP that has been selected by the User.

1.5 Specific duties and responsibilities of the Doctors/HCP

- Complementary to the obligations and responsibilities set forth in Section 1.3 above, the Doctors/HCP who registers on the Website guarantees that they are a Doctors/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 Doctors/HCP will be responsible for any directives regarding health and treatment communicated to the registered User, - once the invitation has been accepted by the Doctors/HCP.

2. Privacy Policy

2.1. 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 Doctors/HCP that their personal data and other information provided through the registration form and during the use of the SocialDiabetes Services and during the download, installation or use of the Application, shall be included and kept in a database for processing, whose responsibilility is SocialDiabetes, SL, located at Avinguda Diagonal 56, 6 º - 3a, 08019 Barcelona (Spain), with tax ID number B-65765489. We confirm that this file has been notified and registered in the Spanish Data Protection Agency.

Obligation to provide information: All data fields on the registration form are required for registration. Failure to communicate such data makes it impossible for SocialDiabetes to determine if the Services offered on the Website can be used by the User and the Doctors/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 Doctors/HCP, or to use the Services or the Application, the User and the Doctors/HCP give their express consent for SocialDiabetes to process their personal data in order to manage the use of the SocialDiabetes Services, or the Application’s functionality, and to receive information or news related to the Website or SocialDiabetes Application by any means, including electronic Emails.

Personal Data Privacy: Your personal data is confidential and SocialDiabetes is fully committed to its protection and preservation. Your data will not be disclosed to any third party without your prior approval. The User and the Doctors/HCP only transfer data to the Doctors/HCP of your choice and to the User who provides their email address, respectively, if this is acceptable in accordance with the provisions of Section 2.3 below and for the purposes set out in that Section. Testimonials and Forums: Once registered, Users and Doctors/HCP, regardless of the device they use to access SocialDiabetes, may voluntarily and freely send through the means available to them testimonials to SocialDiabetes about their personal experiences in relation to the use of the Services and the Application and they can communicate by indicating their first name and last name, and place of residence for publication on the Website. In the event that they choose to send their testimonials to SocialDiabetes, they expressly authorize SocialDiabetes to edit and publish the content in conjunction with their first name, last names, and place of residence.

They can access forums, within which, upon selection of an alias, they can maintain online conversations and exchange views related to diabetes with other members of the forums. In no circumstances will they be able to post any information or other personal information to any other User’s alias or Doctors/HCP. With voluntary and optional publication of such content on the forums using the tools that the Website and Application makes available to you, you acknowledge and agree that this can be accessed by other Users and Doctors/HCPs who are registered with SocialDiabetes.

Statistics Report: Please note that SocialDiabetes may use the data provided by the Users and Doctors/HCP through the Services and Application 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 Doctors/HCP who provide such data. Therefore no identification data such as email account, first name and last name of any User or Doctors/HCP will be included in these statistical reports.

Questionnaires, Surveys, and Essays: Please note that SocialDiabetes Users may send Users and Doctors/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 SocialDiabetes or third parties other than SocialDiabetes, such as associations or organizations of any type or in conjunction with SocialDiabetes with one or more third parties, in order to mine data and findings that advance diabetes 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. 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. SocialDiabetes acts as intermediary between the Users and Doctors/HCP, and those associations and organizations who want to do some kind of research or analysis activity to improve the lives of people with diabetes.

2.2. Security measures

SocialDiabetes ensures absolute confidentiality and privacy of our Users and Doctors/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, SocialDiabetes 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, or when it is due to a lack of diligence by the User and/or the Doctors/HCP, as appropriate, regarding the guardianship and safety of their username and password or their own personal data.

2.3. Data transfer

Users expressly agree that the Doctors/HCP they invite to be their Doctors/HCP for the website, and once the Doctors/HCP has accepted their invitation to be their Doctors/HCP ("Their Doctors/HCP"), the Doctors/HCP will have access to the data provided by the SocialDiabetes User in order that their Doctors/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 SocialDiabetes to transfer the User’s personal data to communicate with their SocialDiabetes Doctors/HCP and invite them to join as their Doctors/HCP on the Website, (once the previously said Doctors/HCP has accepted the invitation), for the purpose indicated in this paragraph.

In any case, the User's personal data will not be disclosed or transferred by any party other than their SocialDiabetes Doctors/HCP on the Website under the terms listed above without the User’s express prior express.

So that the user can send the invitation (referred to in the previous paragraphs) to the Doctors/HCP of their choice, the said Doctors/HCP must have previously provided his/her email freely, voluntarily, and optionally to the User who has selected them without SocialDiabetes’ intervention. Once the Doctors/HCP has accepted the invitation from the User to be Their Doctors/HCP, the User will be added to the Doctors/HCP’s panel and the Doctors/HCP to the User’s panel. At that time, their Doctors/HCP will have access to all of the User’s data. The Doctors/HCP may only use the User’s data who has selected them as their Doctors/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 Doctors/HCP of the User’s invitation to be Their Doctors/HCP, the Doctors/HCP is expressly authorized for the assignment of personal data for the SocialDiabetes Doctors/HCP, consisting of: e-mail the Doctors/HCP (which, in any case, this Doctors/HCP has provided to the User prior to the User sending them the invitation freely, voluntarily, and optionally without any intervention from SocialDiabetes), their first name and last name, the User who invited them to be Their Doctors/HCP and has agreed to be Their Doctors/HCP, for the purpose indicated in this paragraph. Users may have as many Doctors/HCP as they want, if, in turn, the Doctors/HCPs they invite accept their invitations.

In any case, the Doctors/HCP personal data will not be given or transferred by SocialDiabetes to any party other than the User who invited them to be Their Doctors/HCP on the Website, (and whose invitation has been accepted), without the express prior consent of the Doctors/HCP personally.

At any time, the User and the Doctors/HCP may terminate their relationship with SocialDiabetes by using one of the options that is available to both in their configuration panels. From that moment that the Doctors/HCP or the User decide to end their relationship through the Website, the person that the User designated as

Their Doctors/HCP will immediately cease to access the data provided by the User to SocialDiabetes, and the User will no longer have immediate access to the data stored with their Doctors/HCP in SocialDiabetes. Both the User and the Doctors/HCP, may disengage other Users and Doctors/HCP, respectively, at any time.

2.4. Rights of access, rectification, cancellation or opposition User and Doctors/HCP

So the User and the Doctors/HCP may, at any time, exercise their rights of access, rectification, cancellation and opposition under the terms of Organic Law on Data Protection, on request by e-mail to privacy@SocialDiabetes.com, with the subject: "data protection" and attaching a copy of their ID or any equivalent identification.

2.5. Passwords

The User and the Doctors/HCP must maintain sole responsibility for their password and in strict and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of this confidential information.

The password can be changed at any time by the User and the Doctors/HCP. The User and the Doctors/HCP agree to notify SocialDiabetes immediately when they become aware of any unauthorized use of their password, (as well as any unauthorized access to it by third parties), by sending an email to privacy@SocialDiabetes.com.

2.6. Cookies

The SocialDiabetes Website uses automatic data collection systems, not directly provided by the User and the Doctors/HCP, such as cookies. Cookies are files that are installed on the hard drive of the User's and the Doctors/HCP computers, or in the memory on the default browser pre-configured in the computer’s operating system, to identify said User or Doctors/HCP. While it does not contain intelligible information, it associates the User and Doctors/HCP’s identity with personal data that they leave on the Website.

Cookies are located on a SocialDiabetes server so that only SocialDiabetes 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 Doctors/HCPs expressed through their browsers.

On entering the SocialDiabetes Website, the User and the Doctors/HCP are giving their consent to install the aforementioned cookies on their hard disk. If the User or Doctors/HCP does not want to install a cookie on their hard drive, they must configure their Internet browser software in order to disable them.

2.7. Communications with SocialDiabetes about User’s Privacy

SocialDiabetes can be reached by Users and Doctors/HCP at the following email address privacy@SocialDiabetes.com so they can raise any issue related to privacy in this Website and in the Application.

3. Limitation of Liability

SocialDiabetes assumes that the data have been introduced by its owner and that it is true and accurate. In this respect, the User and the Doctors/HCP are solely responsible for the information and/or content provided during registration and during the use of the Services and Application. SocialDiabetes is not responsible for the possible inaccuracy of the data from Users and Doctors/HCP, or for any consequences or problems caused by this inaccuracy.

SocialDiabetes is not responsible for any misuse or problems caused to the User by non-rational use of the Services provided and in the Application.

If you believe or feel that your diabetes is out of control compared to the parameters that are usually applicable, you must immediately go to the nearest clinic or hospital for a review or check by a professional team.

The User is solely responsible for the proper use of the Services and Application. The information provided by the Application or Services from the data entered by the User to customize and/or use the Services and the Application is for informational purposes only and should not serve or be used as guidance for exclusive User decisions about their medication and must never replace medical judgment. For any decision regarding their medication, the User must first consult a physician or medical professional about their prescription or supervision.

The User is solely responsible for reviewing and assessing the relevance and accuracy of all information provided, stored, generated or received through the Services or Application. In this sense, SocialDiabetes makes no guarantee regarding the use of the Services or Application, nor does it recommend the adoption of any particular therapeutic measure derived from information stored or received through the Services or Application.

The Doctors/HCP is solely responsible for the opinions, advice, treatment, or diagnosis issued in relation to the User who requested information.

SocialDiabetes is not responsible for any opinion, advice, treatment, or diagnosis given by a Doctors/HCP to any User.

SocialDiabetes has no means or resources - nor is its function or purpose – to verify that the person chosen and invited by you to be your Doctors/HCP is actually a Doctors/HCP in the country where they exercise their profession, so neither does it guarantee that the person chosen and invited by you to be your Doctors/HCP is effectively a Doctors/HCP.

Accordingly , to the maximum extent allowed by law and to the extent permitted by law, to give their consent to this License, you agree not to hold SocialDiabetes liable, nor their directors, employees, associates, partners, agents and subsidiaries, and that in no event are they liable for losses, damages and lost profits, costs, expenses, direct or indirect damages, including, for example, and without limitation, damages for disruption of the functioning of the Service or the Application, data loss or loss of profits, damages for interruption of its business, whether in contract or tort, including negligence or fault, incurred or suffered by the User or any third party, whether they are produced or related to the access or use of the Website or use of the Application, as well as the information contained in the Website or Application, or information that could be provided by the Application or the Services , even if warned of the possibility of such damages, or for any other reason and regardless of how it occurs.

The User and the Doctors/HCP accepted there is no claim under any circumstances or any compensation for any damage or injury caused by the use of the Service offered by SocialDiabetes or the Application in any of their versions.

The User is solely responsible for contributing content for testimonies and forums. SocialDiabetes does not exercise any control over content provided by Users.

4. Industrial and Intellectual Property Rights

The rights to brands, designs, logos and trade names appearing on the Website are the exclusive property of SocialDiabetes, or have been assigned by third parties under license to SocialDiabetes, and prohibit copying or unauthorized reproduction.

The Website may include links that let Users and Doctors/HCP to access third party websites. SocialDiabetes 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, SocialDiabetes responds promptly to claims for infringement on industrial or intellectual property rights that are allegedly committed by Users on the SocialDiabetes Website. Such claims shall, where appropriate, be notified to the appropriate authorities.

If you were the rights holder of industrial or intellectual property or are authorized to act on behalf of the owner thereof, or are authorized to act under any exclusive right to industrial or intellectual property, and to the best of your knowledge and belief you consider that any of your rights are being violated, please notify us through the Website by sending an email to support@SocialDiabetes.com.

The User guarantees SocialDiabetes that he is the sole and exclusive owner of the rights inherent in the content space that provides testimonials or forums or that he possesses authorization and the necessary permits from the legitimate owners of such rights.

By accepting these General Terms of Use and Privacy Policy and with the sole purpose that SocialDiabetes can provide the Services, the User agrees to sublicense from SocialDiabetes a non-exclusive, unlimited, worldwide, free, transferable license and all of the intellectual property rights and any other content from registered Users who publish in the testimonials or post on the Website.

SocialDiabetes reserves the right to use anonymous contributions made by all Users in the testimonial area, or post on the Website, 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.

SocialDiabetes 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 SocialDiabetes 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.

5. Modifications

SocialDiabetes reserves the right to change these General Terms of Use and Privacy Policy without notice, unilaterally, at any time and without having to justify the cause or reason. If SocialDiabetes amends or changes these General Terms of Use and Privacy Policy, SocialDiabetes will inform of all such modifications or changes to the content through the Website. However, the User and the Doctors/HCP must check whether there have been changes to the General Terms of Use and Privacy Policy on the Website whenever they access the Website and/or use the Application, as applicable to the situation.

If amendments or changes to the General Terms of Use and Privacy Policy occur, you can simply continue to use the Services if you accept the new General Terms of Use and Privacy Policy in its entirety, including any modifications and changes introduced. 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. Terminating your agreement with SocialDiabetes

These General Terms of Use will continue to apply until terminated by either you or SocialDiabetes in accordance with the following provisions:

(a) If you want to resolve your relationship with SocialDiabetes, you may do so by notifying SocialDiabetes at anytime or by canceling your SocialDiabetes account. Your notice should be sent in writing to the email support@SocialDiabetes.com.

(b) SocialDiabetes may resolve your legal relationship with you at any time if:

(i) You breach any of the clauses in the General Conditions of Use and Privacy Policy,

(ii) SocialDiabetes is required by law to;

(iii) SocialDiabetes no longer provides Services to Users and Doctors/HCP within the User's country of residence or the country in which the Doctors/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 Doctors/HCP, as appropriate, and cancel all of their personal data.

7. 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 Doctors/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).

Date of last revision of the General Conditions of Use and Privacy Policy: February 17, 2014