Terms and Conditions

Agreement



1. Definitions

Aggregate, Anonymised or Pseudonymised Use

Means the use of the Users’ Personal Data that SocialDiabetes can made in some cases as per the User Agreement, including their disclosure to Third Recipients, in such a manner that the Personal Data can no longer be attributed to a specific User.

Application

Means the SocialDiabetes mobile application through which we also render the Services.

Bolus Calculator

Means our insulin dose calculator for each patient at each time, and it is the sole and exclusive property of SocialDiabetes.

Data Protection Officer (DPO)

Is the person designated by SocialDiabetes as responsible to monitor compliance with the applicable laws and regulations on the privacy and data protection of our Users, and to perform any other tasks according to Regulation (EU) 2016/679 (General Data Protection Regulation). You can check the contact details here.

Privacy Office

Means the SocialDiabetes’ department in charge of managing the Users’ requests related to their Privacy Rights and any other aspect in connection with our Privacy Policy.

You can check the contact details here.

Purposes

Means the purposes of the processing for which the Users’ Personal Data are intended by SocialDiabetes, as detailed in this section of our Privacy Policy.

Questionnaires, Surveys and Investigation Studies

Means questionnaires and electronic surveys, and clinical trials or non-interventional studies sponsored by SocialDiabetes and/or third parties, like associations, companies or other entities, including health insurers, pharmaceutical and biotech industry, public and private research centers, etc. with the aim of obtaining information and conclusions which allow to make progress in the diabetes investigation.

Registered Doctors

Qualified doctors who fulfill all the requirements established for the exercise of the profession in the country in which they practice this profession, and that have been registered in our Web Site and / or the Application, being also therefore Users of the Services.

SocialDiabetes

SOCIALDIABETES, S.L., a company with domicile at Avinguda Diagonal, nº 56, 6º - 3ª, 08019 Barcelona (España), C.I.F. nº B-65.765.489, registered in the Commercial Registry of Barcelona, Tomo 43223, Folio 153, Hoja B-427.884, Inscription 1ª.

SocialDiabetes’ Information

It is all information and know-how of all kinds, such as, for example, organizational, commercial, financial, technical, etc. related to SocialDiabetes and/or our Services, as well as to our Platform, and its evolutions and improvements, and is the exclusive property of SocialDiabetes or as the case may have been licensed to it by third parties.

The SocialDiabetes Information does not include the Personal Data of the Users.

SocialDiabetes’ Platform

Means the Application and the Web Site, jointly or separately, depending on the context.

SocialDiabetes’ Services

Means those services rendered by SocialDiabetes through the Web Site and the Application as described in this section of the User Agreement.

Third Recipients

Means those third parties with whom SocialDiabetes can share or to whom SocialDiabetes can disclose the Users’ Personal Data for any of the Purposes.

For further information check this section of our Privacy Policy.

Users

Natural persons suffering diabetes or who are looking for information regarding the disease and are registered in our Web Site and/or the Application, and Registered Doctors as well.

User Agreement

Means the Agreement between SocialDiabetes and each User, and regulates the provision and use of the Services offered by SocialDiabetes through the Platform.

The User Agreement includes these Definitions, the Privacy Policy and the Security Policy.

User Agreement Applicable Law

Means the Laws of Spain as enforceable at any given time.

User Communication Channels

Means the channels that SocialDiabetes makes available to Users to ensure adequate communication in relation to the Services and the exercise of their rights, such as the User Customer Service, the Privacy Office, or the Data Protection Officer.

User Customer Service

Means the department of SocialDiabetes responsible for addressing queries, suggestions and other requests from Users relating to the Services.

You can check the relevant contact information here.

Users’ Personal Data

Means any information relating to our Users to the extent it can be conneted with them as identified or identifiable natural persons.

We need those Personal Data for rendering the Services, and we sometimes share or disclose those Personal Data with the Third Recipients for the Purposes, as further described in our Privacy Policy.

Users’ Privacy Rights

Means the rights of Users of access, to rectification, to erasure, to restriction of processing, to data portability, to object and any other right of the Users’ related to their privacy and Personal Data protection, as per the applicable Law and this User Agreement.

User Profile

It is the area of each User's account in which the User, either via the Website and/or the Application, can update their Personal Data and configure their preferences regarding their Privacy Rights and other aspects related to the Service, such as for example, update an address, or communicate your wish not to receive invitations to participate in surveys or information by email about the news related to the Services.

Web Site

Means the website located at the URL https://www.socialdiabetes.com


2. Introduction

The Web Site is owned and managed by SOCIALDIABETES, S.L..e
Internationally, SocialDiabetes is certified as a medical product by the European Commission. At the moment, the CE certification is Class I, which means the Application is providing only “recommendations” that can be accepted or not by the User and not medical diagnostic. The process to be advanced to further clinical standards is underway.

SocialDiabetes certifications and regulatory status

This User Agreement regulates the performance and use of the Services offered by SocialDiabetes through the Platform.

Scope of this User Agreement

The Definitions, our Privacy Policy and our Security Policy are an integral part of this User Agreement.

Definitions and Policies of SocialDiabetes

By registering and using the Website or the Application, as the case may be, the User consents and expressly accepts this User Agreement together with our Privacy Policy and our Security Policy.

Acceptance of the User Agreement


3. SocialDiabetes’ Users

The Services are only available to the Users.

Access to the Web Site and use of the Application are only for those Users:

1) older than 18 years; in the case of people below that age, Users warrant that they have authorization from their parents or holders of parental responsibility for the acceptance of this User Agreement and that they monitor the use of the Platform by the underage;

2) and for qualified physicians who meet all the requirements established for the exercise of the profession in the country in which they practice the profession. Therefore, by registering on our Platform as a Registered Doctor, you expressly state and guarantee that you comply with this requirement and accept the consequences that may arise if not.

Users

Older than 18 years or underage with authorization

Physicians qualified in their countries


4. SocialDiabetes’ Users

If you have diabetes mellitus type 1 (autoimmune), the SocialDiabetes system can adjust your insulin dose in real time and optimally, from the count of your carbohydrates and your blood sugar levels. If you have type 2 diabetes, from SocialDiabetes we can track the physical exercise you perform, as well as your behavior patterns that may indicate health complications in the present or in the future. Our philosophy is always the same for all types of diabetes: preventing problems before they appear.

SocialDiabetes’ Services

Set up your insulin dose in real time

Track your physical exercise and behavior patterns

If you have been recently diagnosed as a diabetic, you are not alone. Currently, there are more than 400 million people around the world who suffer from this disease. Celebrities, Olympic athletes, rich and poor, people who stay fit and people who do not. Diabetes does not care who you know, where you live, what religion you are, or even what your favorite soccer team is. So ... do not isolate yourself. Surely there is someone out there who feels the same as you. Let’s get in touch and help each other.

Comunity for people with diabetes or those looking for information on the disease

Likewise, SocialDiabetes offers the User and the Doctor a service of intermediation between both in which, through the Website, the Doctor will be able to communicate, advise and follow up by accessing the data of the Users who have invited him/her to be their Doctor.

Regarding the treatment of the Doctor's Personal Data, you can check our Privacy Policy.

Get in touch with your doctor through the Web Site or the Application

Our Platform links with any glucometer that has the CE mark and any glucometer in which User introduces the data manually. These connections are made by bluetooth or by NFC (Near Field Communication).

Connection with glucometers

We read the blood glucose level and use it to make insulin recommendations.

See this document to know more about how our Bolus Calculator works.

SocialDiabetes Bolus Calculator

The Services include the non-exclusive, non-transferable right and without the right to grant sub-licenses, during the Duration of the Services, to use the Services, the Website and the Application in accordance with this User Agreement.

License for the use of the Services, Web Site and Application


5. Duration

This User Agreement will be in force from the User's registration in the Services via the Website or the Application and while the User continues to use the Services or until the termination of the User Agreement due to any of the causes foreseen therein.

Duration of the User Agreement


6. Price

The Price of the Services will be paid by the User annually in advance, upon receipt of the corresponding invoice, in accordance with the SocialDiabetes rates in force at each moment and expressly accepted by the Users.

Price of the Services and invoicing


7. Taxes

With the exception of taxes on SocialDiabetes income, the User is responsible for paying all taxes and fees or other duties, etc. applicable to the Service and its use.

Taxes


8. Responsibilities and obligations of SocialDiabetes’ Users

The User is solely responsible for the proper use of the Services and the Platform.

The inscription in our Web Site and/or in the Application, and the use of our Services entails the acceptance by our Users of their respective obligations and responsibilities, which you can consult here.

Check here your obligations and responsibilities as a SocialDiabetes User (*)

Users use the Services entirely at their own risk. Users shall be liable for all damages caused to SocialDiabetes as a result of actions or omissions of Users in the use of the Services, including any costs, sanctions and liabilities of any kind (including reasonable costs and expenses of legal defense and legal advice) that may be derived for SocialDiabetes in case of third-party claims for any reason as a result of the use of the Services by Users, including for infringement of any applicable regulation and/or of any Intellectual Property rights, with full indemnity for SocialDiabetes and its subsidiaries and any of its administrators, directors and employees.

Damages caused by the SocialDiabetes’ Users

SocialDiabetes assumes that the data are entered its owner and are correct and accurate. In this regard, Users are solely responsible for the information and/or content provided during the registration and during the use of the Services, the Website and/or the Application.

If you consider or perceive that your diabetes is out of control in comparison with the parameters that are usually applicable, you should go immediately to the nearest clinical or hospital center for a review or verification by a professional team.

Users are responsible for the data introduced when using the Services

Ask to your doctor

(*) Obligations and Responsibilities of SocialDiabetes’ Users

Users are solely responsible for their account in SocialDiabetes and for the information they provide, as well as for the use and custody of their usernames and passwords.

Responsibility over the User account and passwords

Users warrant at all times that the personal information provided to SocialDiabetes is accurate and truthful.

Users are solely responsible for reviewing and evaluating the accuracy and relevance of all information provided, stored, generated or received through the Services or the Platform.

Accuracy of the infomation

It is forbidden to publish or disseminate information, photographs and any other type of content that, obviously, or at the discretion of SocialDiabetes, violates the Law, morality, public order or good manners.

Illegal content

It is forbidden to publish or disseminate personal data, including images or photographs and any other information of third parties, like any User in SocialDiabetes, or any other person outside the Platform, other than the owner of such information.

Third party data

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

Advertising or comercial information

It is forbidden to publish or disseminate offensive content or that incite, promote or publicize illegal or defamatory activities, pornographic or violent contents, or that encourage discrimination or discriminatory attitudes based on race or ethnicity, sex, affiliation, religious belief or sexual orientation.

Illegal or offensive content

Users use the Services, the Website and the Application, in any of their versions, at their entire, exclusive and sole responsibility. SocialDiabetes does not give any warranty regarding the use of the Services or the Platform.

Users are responsible for using the Services

Users can freely and voluntarily decide to send an invitation to a Doctor of their choice to be incorporated as their Doctor to the Platform. Users themselves will have the obligation and responsibility to verify that the selected Doctor is a qualified doctor legally allowed to exercise the profession in the relevant country where he/she practices the profession.

Users shall bear all liabilities that may arise from the selection of the Doctor, his/her ability to exercise the profession and the consequences of following or not following the indications and treatments of the Doctor selected by the Users.

Users are responsible for selecting their Doctors

Those Doctors who register in the Platform warrant that they are qualified doctors legally allowed to practice the profession in the countries where they practice.

Doctors shall bear all responsibility for the indications and treatments communicated to the Users.

Doctors’ Liability

Users shall keep confidential all SocialDiabetes Information to which they access by any means through the use of the Services, the Website and/or the Application.

SocialDiabetes’ Information

Users Will not reproduce, copy, distribute, modify, develop, translate, compile, reverse engineer or compile or disassemble any part of the Website, the Application or the Services.

SocialDiabetes’ Intellectual Property Rights

Users shall refrain from any act or omission that implies an infringement of the Intellectual Property rights of any third party.

Third parties’ Intellectual Property Rights

Users warrant that they comply with any Laws and regulations that are applicable to them, either because of their nationality, activity, profession or any other circumstance in any country of the world, and they undertake to continue complying with these Laws and regulations during the validity of the User Agreement.

Compliance


9. SocialDiabetes’ Liability

SocialDiabetes does not give any warranty regarding the use of the Services or the Platform, nor does it recommend the adoption of any particular therapeutic measure derived from the information stored or received through the Services or the Platform.

SocialDiabetes does not provide medical advice

The information provided by the Services or by the Platform from the data entered by the User is for informational purposes only and does not replace the medical criteria.

For any decision about their medication, Users must previously obtain the opinion, prescription, or supervision of a physician.

The Doctor is solely responsible for the opinions, advice, treatments, or diagnoses issued in relation to Users who request such information. SocialDiabetes is not responsible for any opinion, advice, treatment, or diagnosis issued by a Doctor with respect to any User.

SocialDiabetes lacks the means or resources to verify (nor is it its function or purpose) that the person chosen and invited by Users to be their Doctor is actually a doctor in the country in which they practice their profession and therefore does not warrant that the person chosen and invited by the User to be his/her Doctor is effectively a doctor.

Informative Services

Ask to your Doctor

Doctors are responsible for the medical advice and/or diagnostics given to the Users

SocialDiabetes does not check qualification or competence of the Doctors selected by the Users

The Services are provided "as they are provided". SocialDiabetes does not provide any warranty, whether express, statutory or implied. In particular, SocialDiabetes does not warrant that (i) the use of the Services is safe (without prejudice to the security of the Personal Data of our Users according to our Security Policy), timely, uninterrupted or free of errors or that works in combination with other hardware, software, system or data; (ii) that the Services comply with the requirements or expectations of the User; (iii) nor that any information will be accurate, reliable or loss-free; (iv) nor that the Service, the Website or the Application will be free of viruses or other harmful components, the Users expressly waiving any warranty in that sense; (v) nor that the Services are fit for a particular purpose, commercialization, or will not infringe rights of third parties.

In no case will SocialDiabetes respond for indirect, special, incidental, punitive or consequential damages, including, among others, and, without limitation, damages for the interruption of the operation of the Service or the Platform, loss of data or loss of benefits, damages for interruption of your activity, whether contractual or extra-contractual, including negligence or fault, incurred or suffered by the User or by any third party, whether they occur or are related to accessing or using the Website or using the Application, as well as the information contained or that could be provided by the Services or the Platform (except in cases of fraud).

The total liability of SocialDiabetes to the Users for any reason will be limited to the amount paid to SocialDiabetes by a User of premium quota during the year in which the responsibility originated.

SocialDiabetes does not warrant the Services or the Platform

SocialDiabetes is not liable for indirect damages

Limitation of liability

Regarding the connection with glucometers and other third party devices, SocialDiabetes does not warrant the functioning of those devices, which are manufactured by third parties and selected by the Users, nor does SocialDiabetes assume any liability derived from the improper use thereof by the Users.

SocialDiabetes enters into agreements with the pharmaceutical industry and manufacturers of glucometers and other reading devices, in order to allow the connection of the Platform with them and compliance with all applicable regulations. However, SocialDiabetes declines any responsibility in relation to the functioning of said third party devices and/or with the activities developed by them.

Connection with glucometers and other third party devices

The Platform can include links allowing the Users to access content of third parties. SocialDiabetes is not responsible for that content.

Links to third party content


10. SocialDiabetes’ Intellectual Property

Any rights over the brands, designs, logos and commercial names that appear in the Platform are the exclusive property of SocialDiabetes, or have been transferred by third parties under license in favor of SocialDiabetes. Any copy or unauthorized reproduction is strictly forbidden.

All SocialDiabetes Information (including, for example, the Bolus Calculator) is the exclusive property of SocialDiabetes.

SocialDiabetes’ Intellectual Property

SocialDiabetes’ Information


11. Suspension of Services

SocialDiabetes shall be entitled to suspend the Services in case of improper use by the User such as breach of the obligations or warranties corresponding to the User under this User Agreement.

Suspension of the Services


12. Termination of the User Agreement

Users can terminate the User Agreement by notifying SocialDiabetes at any time by writing sent by any of the channels provided in the notification clause, or by canceling their SocialDiabetes account.

SocialDiabetes may terminate the User Agreement at any time by notifying the User in writing at any time, for any internal, organizational or commercial reasons, at the discretion of SocialDiabetes, or for any of the following causes:

1) breach of the User Agreement and/or of our Privacy and/or Security Policies, such as in the case of detecting or appreciating illegal content, or content contrary to morality or public order, or harmful to other Users, or to the image of SocialDiabetes and/or its Platform or its products or Services or the products or services of third parties;

2) cases in which SocialDiabetes is obliged to do so by Law or by a judicial or administrative requirement; or

3) claims of third parties against SocialDiabetes or any of the SocialDiabetes affiliates as a consequence of the use of the Services, the Website and/or the Application by the User, either for infringement of Intellectual Property rights or for any another cause.

Termination of the User Agreement

Upon termination, the Services, the User's account and your Personal Data will be cancelled, without prejudice to the retention periods established in our Privacy Policy.

Consequences upon termination of the User Agreement


13. Other conditions

This User Agreement and the SocialDiabetes Privacy and Security Policies constitute the entire agreement of the parties in relation to the Services and supersede all prior commitments, negotiations and understandings with respect to the provision of the Services.

Complete Agreement

The Services can not be transferred or assigned by the User to third parties without the prior written consent of SocialDiabetes, which reserves the right to provide the Services through affiliates and third party service providers, as well as by entering into agreements with the pharmaceutical industry and manufacturers of blood glucose reading devices and the like. In addition, SocialDiabetes may assign the User Agreement to (a) a purchaser of all or a substantial part of the assets, shares or business of SocialDiabetes through sale, merger or otherwise, or (b) affiliates of SocialDiabetes, by notifying in writing to the User.

Assignment

If any of the provisions of this User Agreement is declared void by final decision by a competent judge or court, the validity of the remaining provisions will not be affected.

Severability

Any contractual notification must be made in writing to the address of SocialDiabetes identified in the SocialDiabetes Policies and on our Website, or through any of the User Communication Channels, and in the case notifications sent by SocialDiabetes to the User at the address indicated by the latter in the User Profile.

Notifications

We may modify this User Agreement and/or the Privacy or Security Policies at any time. If we make any material changes we will notify our Users through our Services, or by other means, to provide them with the opportunity to review the changes before that they are effective so that, in case of opposition, they may terminate the Service and close their Users account. The continued use of our Services after posting or sending a notice about our changes to this User Agreement and/or the Privacy or Security Policies will mean that you are consenting to the updated version.

Modifications to the User Agreement or to our policies

SocialDiabetes will not be responsible for the damages caused to the User or any third party as a consequence of breach of the User Agreement due to Force Majeure events. All such cases in which extraordinary and not foreseeable circumstances beyond the control of SocialDiabetes prevent SocialDiabetes from providing the Service in accordance with the User Agreement will be deemed Force Majeure, such as government regulations, cases of general emergency declared at local or national level, unforeseen acts of nature (such as fire, flood or earthquake), strikes, lockouts, power cuts, effects derived from the action of hackers as well as any other analogous circumstance.

Force Majeure

The omission and/or delay in the fulfillment of the User Agreement or its partial compliance by any of the parties will not imply in any case the waiver of the right of the other party to require its compliance later.

Non-waiver

The contractual relationship between SocialDiabetes and its Users is between independent contractors. Neither party acts as representative, agent, employee or similar of the other party.

Independent contractors

Any dispute regarding the Services and/or the use of the Platform by the User, as well as any question that may arise about the interpretation, application and compliance with this User Agreement will be subject to the exclusive jurisdiction of the Courts and Tribunals of the City of Barcelona (Spain).

Jurisdiction

As a Spanish company, SocialDiabetes is subject to Laws of Spain as enforceable at any time, which apply to the User Agreement, including our Privacy Policy and our Security Policy, and the provision and use of the Services, and/or the Website, and/or the Application.

Applicable Law


PRIVACY POLICY



1. Which Personal Data we collect from our Users

We only collect Personal Data from our Users that are adequate, relevant and limited to what is necessary for the provision of our Services and other Purposes provided in this Privacy Policy.

All fields of our data collection forms are necessary for us to provide the Services.

The non-communication of such data to SocialDiabetes determines the impossibility of providing and using the Services adequately.

Need of the Personal Data of our Users

We use your Personal Data to render the Services and for the other Purposes described in this Privacy Policy

We collect both Personal Data as such and general data. Personnel include health data. We obtain for example the glucose readings either automatically by connectivity with a glucometer or continuous meter or because it is entered manually by the User.

Users also enter the carbohydrates they eat, or the medication they take.

We can read parameters of activity wristbands, GPS devices or other devices with similar functionalities.

In this document you can consult the updated list of Personal Data that we collect from our Users when they register and use the Services either via the Website and/or the Application.

Examples


2. Purposes: for which the Personal Data of our Users are intended

By registering as a User, you will become part of the most important online community in the world of diabetes and allow the scientific community, such as, for example, researchers, doctors, clinics and hospitals, among other purposes for the evaluation, management and follow-up of certain guidelines related to diabetes, as well as researching and advancing the treatment of diabetes and improving the lives of these people through the preparation of statistical reports.

For that purpose, SocialDiabetes will use your data, once they have been pseudonymised, so that they can no longer be attributed to you and always anonymously be added to the anonymous data of other registered Users.

Likewise, registration as a User will allow you to synchronize your data in a secure environment to make and maintain a backup of them that allows you to store and retrieve the data at any time and from any device that allows it.

Access to the SocialDiabetes community

Investigators, physicians, clínics and hospitals

Your data pseudonymised, aggregate and anonimised

Secure environment and backup of your data, always accessible online

We use the Personal Data of our Users only with the following Purposes:

provide and improve the Services;

manage the use of the Services;

promote products or services of SocialDiabetes or third parties among our Users, including by email (unless they are not interested in such type of communications, which can be configured by the User in their User Profile);

send our Users information or news related to the Website or the SocialDiabetes Application by any means, including electronic mail (unless they are not interested in such type of communications, which can be configured by the User in their User Profile);

we can use the Personal Data of our Users for their exploitation for purposes related to diabetes research, at the request of any of the Third Recipients;

edit and publish the testimonials of our Users about their personal experiences in relation to the use of the Services, the Website and the Application;

draw macro conclusions such as clinical impact due to the use of the Website and the Application, statistics, etc., and draw general conclusions based on the data provided by Users and prepare statistical reports, and publish said conclusions in magazines, posters, congresses or on our Website or social networks.

Purposes

Once registered, regardless of the device they use to access SocialDiabetes, Users may voluntarily and freely send SocialDiabetes through the means that are made available to them testimonials about their personal experiences in connection with the use of the Services and the Platform indicating their name and surname, and place of residence for its subsequent publication on the Website. In the event that Users choose to send their testimonials to SocialDiabetes, it is understood that they expressly authorize SocialDiabetes to publish said contents together with their names, surnames, and places of residence.

Users can also access forums, in which, after selecting an alias, they can hold online conversations and exchange opinions related to diabetes with other members of the forums. In no case will any information or personal data other than the alias of any other User be available in the forums. With the voluntary and optional publication of said contents in the forums using the tools that the Platform puts at your disposal, you know and accept that they may be accessible by other Users.

The User is solely responsible for the content that contributes to the testimonial space and the forums. SocialDiabetes does not carry out any control over the content provided by Users.

The User warrants to SocialDiabetes that the User is the sole and exclusive owner of the rights inherent to the content the User contributes to the testimonial space or the forums, or that the User has the necessary authorization and permissions of the legitimate holders of said rights.

The User grants to SocialDiabetes, a non-exclusive, indefinite, global, free, transferable, and sublicensable license on all Intellectual Property rights and any other rights on the contents of the registered Users that they publish in the testimonial and forums spaces.

SocialDiabetes reserves the right to use the anonymous contributions made by all Users in the testimonial space, or in the Platform, in order to promote the Services through, for example, the insertion of advertisements in different media or the publication of books.

SocialDiabetes reserves the right to remove links to any website that Users place in the testimonial spaces or in the forums of the Platform, if at the discretion of SocialDiabetes the activities developed in these forums by the Users or the contents thereof are illegal or infringe the rights of third parties, or in case SocialDiabetes is required to do so by virtue of a judicial decision, an arbitral award, or an administrative order.

Testimonials and Forums

Online chats with other members of the SocialDiabetes community

The User is responsible for those testimonials contributed

Warranties of the User for the testimonials and contents contributed

SocialDiabetes may also use the data provided by Users in order to draw general conclusions based on such data and prepare statistical reports and improve our Services. For the elaboration of the aforementioned reports, the data will be processed in an aggregated form, so they will always be used anonymously and without elements that allow identifying the User who provides such data. Therefore, identifying data such as user, email account, name and surname of any User will not be included in said statistical reports.

Statistical Reports

Likewise, SocialDiabetes may send Users electronic communications to their email address, inviting them to participate, if they voluntarily chose to do so, in Questionnaires, Surveys, and Investigation Studies in order to extract data and conclusions that allow progress in diabetes research.

Your participation in said Questionnaires, Surveys and Investigation Studies is entirely voluntary and optional. In the event that you choose to participate, your participation will be subject to our Privacy Policy and the privacy policies of the third party organizers of the respective Questionnaires, Surveys and Investigation Studies and you will be able to know and, if applicable, if you so choose voluntarily, accept or reject said privacy policies prior to your participation.

Questionnaires, Surveys and Investigation Studies


3. Third Recipients: with whom we share the Personal Data of our Users

By registering for the Services, the User agrees that their Personal Data may be transferred by SocialDiabetes to the following Third Recipients, for the Purposes:

Relatives or doctors previously registered as SocialDiabetes Users and with the prior consent/invitation from the User

Public or private research centers

Pharmaceutical and/or biotechnology companies, such as manufacturers of medical devices (such as glucometers with which the Platform is connected) and with which SocialDiabetes may have collaboration or similar agreements; in these cases, the User's data relating to their health is shared or transferred to the Recipient in an aggregated and anonymized manner, and in other cases we may use identifying information (not health) of a User, for example at the request of a manufacturer of medical device with whom we are connected in order to send the User an e-mail offering the products or services of said manufacturer with a discount, and in general to make our own or third-party promotions to our Users

Health insurers authorized by the User: some insurers are proposing to their clients the use of SocialDiabetes (for example to obtain a reduction in the annual fee)

Healthcare providers and hospitals, with authorization from the patient User

Third party purchasers of all or a substantial part of the assets, shares or business of SocialDiabetes through sale, merger or otherwise

SocialDiabetes affiliates

Competent authorities (judicial or administrative) in the event that we receive a mandatory requirement, in which case we would only reveal the information strictly necessary to comply with said requirement, to ensure adequate confidentiality, and in any case we would inform the User properly

Apart from the cases indicated above, your data will not be transferred to any third party without your prior and express approval.

Third Recipients

Previously registered parents and physicians

Investigation centers

Pharma and biotech companies

Health insurers

Healthcare providers and hospitals

SocialDiabetes affiliates

Competent authorities

Users expressly accept that the Doctors they invite to be their Doctors in the Platform, once these Doctors have accepted the invitations, have access to the data provided by the Users to SocialDiabetes in order that the professionals can follow up and monitor the Users, and give them the advice that the Doctors deem appropriate during the term that each User decides.

In order for Users to send the invitations indicated in the preceding sections to the Doctors of their choice, said Doctors must have previously provided their emails to those Users who had selected them freely, voluntarily and without any intervention of SocialDiabetes.

Your Doctor can access to your data if you invite him/her and accepts to belong to the SocialDiabetes community

The Doctor shares his/her email with you previously, without any intervention by SocialDiabetes

Doctors can only use the data of the Users who have selected them as their Doctors in order to be able to monitor and supervise those Users, and to give them the advice that Doctors deem appropriate during the term that each User decides.

With the acceptance by the Doctor of the User's invitation, the Doctor expressly authorizes SocialDiabetes to share the Doctor's personal data, consisting of email, name and surname with the User whose invitation to be their Doctor has accepted, for the purpose indicated in this section.

The Doctor uses your data for your follow up and medical advice

If the Doctor accepts your invite and registers in SocialDiabetes, he/she accepts that we share your data with you

In any case, the Personal Data of the Doctors will not be disclosed by SocialDiabetes to any third party other than the Users who have invited those Doctors to be their Doctors in the Platform and whose invitation they have accepted, without the prior express consent of the Doctors themselves.

Both the Users and the Doctors may add or disaggregate Doctors or Users, respectively, at any time.

Add or disaggregate Users or Doctors at any moment

We only carry out international transfers of the Personal Data of our Users in the cases permitted by the Law Applicable to the User Agreement, and always ensuring that the level of protection of the Users guaranteed by said Applicable Law is not undermined.

In particular, SocialDiabetes may make transfers of Personal Data of Users, for the Purposes, to Recipients located in third countries in the following cases:

a) Adequacy decisions by the European Commission confirming that these countries ensure an adequate level of protection.

For example, the USA is considered within the previous section according to the Privacy Shield.

b) Standard data protection clauses adopted by the European Commission and by the Spanish Data Protection Agency.

SocialDiabetes uses such standard clauses as far as possible in its contracts with the Recipients of the Personal Data of our Users.

c) In other cases, we can also transfer Personal Data to Recipients located in third countries:

with the coverage of adequate contractual clauses, with authorization from the competent authority; or

with the explicit consent of the User, to whom we will previously inform of the possible risks; or

when the transfer is necessary for the execution of the User Agreement; or

when the transfer is necessary for the execution of a contract between SocialDiabetes and a third party, in the interest of the User; or

when the transfer is necessary for the formulation, exercise or defense of claims; or

when the transfer is necessary to protect the vital interests of the User and that the User is physically or legally incapable of giving his/her consent; or

in any other cases as permitted by the Law Applicable to the User Agreement at any time.

International transfers of the Personal Data of our Users


4. Consent, confidentiality, retention, security, anonymized use and Open Data

By voluntarily providing your Personal Data or using the Services or the Platform, Users expressly and explicitly consent to the processing of your Personal Data, including those data concerning health, by SocialDiabetes in order to manage the use of the Services. of SocialDiabetes, and the functionalities of the Platform, as well as for the other Purposes foreseen in this Privacy Policy.

The use of our Services, Website and/or Application implies your consent as User for us to process your Personal Data for the Purposes

The data are entered manually by the User, including by physicians (remotely through the Platform) or are automatically read from devices of third-party manufacturers freely selected by the Users under their responsibility.

How we collect the data of our Users

The Personal Data of our Users are confidential and SocialDiabetes is fully committed to their protection and preservation.

For more information about the security measures that SocialDiabetes applies to the data, consult our Security Policy.

Confidentiality and Security of the Personal Data of our Users

We keep the Personal Data of the Users while the User Agreement is in force and, once expired or terminated for any reason, during the period necessary for the management of any aspect related to the contractual relationship maintained, taking as reference the legal terms for possible liability actions in accordance with the Law Applicable to the User Agreement and other terms derived from said regulations, as well as during the periods necessary to comply with our legal obligations, such as those of an accounting or tax nature, or during the term necessary to comply with our contractual obligations and/or to exercise our rights in relation, for example, to our liability insurance policies.

Retention periods

SocialDiabetes is fully committed to the fundamental right of our Users to the protection of their Personal Data in relation to their processing by SocialDiabetes.

Users can exercise their Privacy Rights by addressing their requests, free of charge, to SocialDiabetes through any of the User's Communication Channels.

Users’ Privacy Rights

In all cases in which the User Agreement, this Privacy Policy or our Security Policy refers to an anonymous, aggregate or pseudonymized use of the Users' data, either for any of the Purposes and/or for its disclosure to any of the Third Recipients, this means that the User's data will be processed in an aggregated manner, so they will always be used anonymously, without identifying and without elements that allow the User to be identified. Therefore, in such cases no identifying data will be included as User, email account, name and surname of any User.

Anonymized, Aggregate or Pseudonymised use of the data of the Users

Users can set up their data in their User Profile.

Data always belong to our Users, with universal access, without conditions or tolls. As proof of our commitment in this regard, we make the data available to the User through Application Programming Interfaces (APIs) so that Users can use their data as they freely decide based on their ownership of them and the corresponding rights of exploitation within the limits established by Law.

Set up your own data

Open data


5. Which are your Privacy Rights as User of SocialDiabetes and how to exercise them

According to the Law applicable to the User Agreement, our Users have the right to request from SocialDiabetes access to and rectification or erasure of Personal Data or restriction of processing concerning the User and to object to processing as well as the right to data portability. In addition, Users have the right to withdraw their consent to processing their Personal Data at any time, and the right to lodge a complaint with the Spanish Data Protection Agency or any other competent supervisory authority.

Your Privacy Rights

In most cases, such as for the update of your data, or your preferences, Users can exercise their Privacy Rights both through the Website, and through the Application, accessing your User Profile.

Manage at any time your data in your User Profile

Additionally, SocialDiabetes makes available to Users several User Communication Channels for the exercise of their rights and to make recommendations and/or request information or raise questions of all kinds.

For all this, you can address your requests:

to our User Customer Service

or directly to our Privacy Office

Communication Channels with SocialDiabetes for privacy questions

To facilitate the identification of the applicant and comply with the Applicable Law, we may require the User to attach a copy of their Identity Card, passport or any equivalent identification document.

In order to preserve your rights, we need you to identify yourself

In addition, SocialDiabetes has designated a Data Protection Officer responsible to monitor compliance with the applicable Law on privacy and data protection of the Personal Data of our Users.

SocialDiabetes Data Protection Officer


6. Cookies and data analytics tools

The SocialDiabetes Platform uses automatic data collection systems not directly provided by the User, called cookies and other data analysis and processing tools.

Cookies are files installed on the hard disk of the User's computer or mobile device or in the browser's memory in the folder preconfigured by the operating system of the computer, to identify said computer or device. Although they do not contain comprehensible information, they allow to associate the identity of the User with the Personal Data that they leave in the Platform. Learn more about the cookies SocialDiabetes uses here.

Only SocialDiabetes can process and/or manage the information collected and obtained through the aforementioned cookies and tools.

We only process the information obtained from cookies and data analytics tools anonymously and aggregate, creating user profiles based on the content they visit, type of devices used, cities of origin and gender, with the sole purpose of optimizing the Services in relation to the specific requirements and preferences of the Users derived from their use of the Platform.

Upon entering the SocialDiabetes Website, Users are giving their consent to the installation on their hard drive of the aforementioned cookies and the use by SocialDiabetes of the data analytics tools. If Users do not want a cookie to be installed on their hard disk, they shall set up their internet browsing program to deactivate them.

Cookies and data analytics tools


7. SocialDiabetes’ Liability

SocialDiabetes’ liability is subject to certain limitations and exceptions you can check in this section of the User Agreement.


8. Jurisdiction

Any dispute regarding the Services and/or the use of the Platform by the User, as well as any question that may arise about the interpretation, application and compliance with this User Agreement will be subject to the exclusive jurisdiction of the Courts and Tribunals of the City of Barcelona (Spain).

Jurisdiction


9. Applicable Law

As a Spanish company, SocialDiabetes is subject to Laws of Spain as enforceable at any time, which apply to the User Agreement, including our Privacy Policy and our Security Policy, and the provision and use of the Services, and/or the Website, and/or the Application.

Applicable Law


10. Definitions

All terms in capital letters in this Privacy Policy shall have the meaning set forth in the Definitions section of the User Agreement.

Definitions


SECURITY POLICY



1. Warranty of security of the Personal Data of our Users appropriate to the risks

SocialDiabetes ensures the integrity and confidentiality of the Personal data of our Users, according to the User Agreement Applicable Law and this Security Policy.

In line with the above, we implement appropriate technical and organizational measures to ensure an appropriate security of the Personal Data of our Users, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Warranty of integrity and confidentiality

In particular, SocialDiabetes undertakes to adopt the measures provided for in Regulation (EU) 2016/679 of April 27, 2016 (General Data Protection Regulation) and the User Agreement Applicable Law.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and Purposes of processing of the Personal Data of the Users, as well as the risk of varying likelihood and severity for their rights and freedoms, SocialDiabetes shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including, inter alia, as appropriate:

a) the pseudonymisation and encryption of the Personal Data;

b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

c) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;

d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

Warranty of appropriate security measures

Taking into account the state of the art, the cost of implementation and the nature, scope, context and Purposes of processing of the Personal Data of our Users, as well as the risks of varying likelihood and severity posed for them by the processing, SocialDiabetes implements, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement in an effective manner data-protection principles, such as data minimisation, and to integrate the necessary safeguards into the processing in order to meet the requirements of the User Agreement Applicable Law and protect the rights of Users.

We implement appropriate technical and organisational measures for ensuring that, by default, only Personal Data which are necessary for each specific Purpose of the processing are processed.

The above applies to the amount of Personal Data we collect, the extent of their processing, the period of their storage and their accessibility. In particular, such measures ensure that by default Personal Data are not made accessible without the individual's intervention to an indefinite number of natural persons.

Warranty of data protection by design and by default

Where a type of processing in particular due to new functionalities of our Platform or using other new technologies in providing the Services, and taking into account the nature, scope, context and Purposes of the processing, is likely to result in a high risk to the rights and freedoms of our Users, we will, prior to the processing, carry out an assessment of the impact of the envisaged processing operations on the protection of Personal Data of our Users, and we will implement the appropriate measures to ensure compliance with the User Agreement Applicable Law.

Warranty of data protection impact assessment regarding the Personal Data of our Users

In cases of data breach affecting the Personal Data of our Users, SocialDiabetes undertakes to notify the data breach to the competent authorities and to communicate the data breach to the Users, when necessary according to the User Agreement Applicable Law and within the deadlines established therein.

Warranty of information in cases of Personal Data breach

We keep the Personal Data of the Users while the User Agreement is in force and, once expired or terminated for any reason, during the period necessary for the management of any aspect related to the contractual relationship maintained, taking as reference the legal terms for possible liability actions in accordance with the Law Applicable to the User Agreement and other terms derived from said regulations, as well as during the periods necessary to comply with our legal obligations, such as those of an accounting or tax nature, or during the term necessary to comply with our contractual obligations and/or to exercise our rights in relation, for example, to our liability insurance policies.

Warranty of storage limitation regarding the Personal Data of our Users

Without prejudice to their retention in the cases described in the previous section, we proceed to the erasure of the Personal Data of our Users when the same cease to be necessary for the fulfillment of the Purposes for which they were collected or treated, or at the request of the Users in exercise of their rights, or when required by a mandatory Law.

Warranty of erasure and destruction of the Personal Data of the Users


2. Our information systems

The Personal Data of our Users are stored on Google Cloud servers.

SocialDiabetes takes the necessary measures to ensure that our services providers who need access to the Personal Data of our Users can only process such data following the instructions of SocialDiabetes and the User Agreement Law Applicable.

Storage systems and services for the Personal data of our Users

All communications of the SocialDiabetes Platform are secure (SSL protocol and encrypted).

Secure communications


3. Rights and responsibilities of the Users

Users can synchronize their data in a secure environment to make and maintain a backup of them that allows them to store and retrieve data at any time and from any device that allows it.

Synchronize your Personal Data and access them at any time and from any device

SocialDiabetes shall not be liable for the incidents affecting the Personal Data as a result of an attack or unauthorized access to the systems in such a way that it is impossible to detect by the security measures implemented, or to a lack of diligence on the part of the User regarding the use of the Services or the Platform, as applicable, in connection with their obligation to preserve and keep their User name and access codes or their own Personal Data.

User responsibility in using the Services and preserving their access codes

Users shall keep their password under their exclusive responsibility in the strictest and absolute confidentiality. Any damages or consequences of any kind derived from the breach or disclosure of the secret will be assumed by the Users.

The password may be modified at any time by the User. Users agree to notify SocialDiabetes through any of the User's Communication Channels as soon as they become aware of any unauthorized use of or access to their password by third parties.

Passwords

For further details or for any doubt related to this Security Policy you can contact SocialDiabetes through any of the User Communication Channels.

Passwords


4. SocialDiabetes’ Liability

SocialDiabetes’ liability is subject to certain limitations and exceptions you can check in this section of the User Agreement.

Synchronize your Personal Data and access them at any time and from any device


5. Jurisdiction

Any dispute regarding the Services and/or the use of the Platform by the User, as well as any question that may arise about the interpretation, application and compliance with this User Agreement will be subject to the exclusive jurisdiction of the Courts and Tribunals of the City of Barcelona (Spain).

Jurisdiction


6. Applicable Law

As a Spanish company, SocialDiabetes is subject to Laws of Spain as enforceable at any time, which apply to the User Agreement, including our Privacy Policy and our Security Policy, and the provision and use of the Services, and/or the Website, and/or the Application.

Applicable Law


7. Definitions

All terms in capital letters in this Security Policy shall have the meaning set forth in the Definitions section of the User Agreement.

Definitions

Notice

The medical information offered on this website is purely formal and educational. This website does not contain suggestions, advices or recommendations from a healthcare professional. Decisions regarding health should be made by a health professional, considering the unique characteristics of each patient.