CONDICIONES DE USO Y POLITICA DE PRIVACIDAD

1.- GENERAL

The present document has the objective to establish the General Conditions of Usage of the mobile application NeuroSteps© EMA property of NEUROSTEPS, SL with registered address in AV. REPÚBLICA ARGENTINA, 2 - 08860 CASTELLDEFELS (BARCELONA) CIF registration number B66365107 and inscribed in the Mercantile Register of Barcelona, Volume 44.476, Sheet Number 1, Leaf number B-457.167, 1st Registration.

Neurosteps EMA© is an application used to evaluate the behavior of the participants as a function of their anemical state, their physical activity and their reactions towards stressful situations throughout the day.

At the end of the evaluation period the participant receives a report reflecting the efficiency of the activity, rest/sleep and behaviors.

NEUROSTEPS, SL reserves the right to modify the current Conditions of Usage and Privacy Policy, with the object to adapt them to the applicable valid legislation at any time.

The present Instructions of Usage do not exclude the possibility that specific Services of The Application, by their specific characteristics in addition to the General Conditions of Usage, will be ruled by their own Specific Instructions of Usage.

NEUROSTEPS, SL will be able to, at any time and without the need of previous warning, realise changes and Updates of the present Conditions of Usage and Privacy Policy. These changes will be published in The Web and in The Application(s) and will be effective from the moment of their publication.

In consequence of the previous, the Participant should review periodically for any changes to these Conditions. And, both in case of consent as well as des-consent, if The Participant continues using the Services after the publication, this implicitly supposes acceptance of the same. In the case The Participant does not agree with the updates of the Instructions for Usage, The Participant can renounce by abandoning to use the Service.

The access and download of The Application is free of charge once the Participant has enrolled in the Neurosteps Program, except for any possible network connection cost charged by the telecommunication provider contracted by The Participant.

The download and use of The Application attributes the condition of Participant of the same (from now on “The Participant”) and involves the reading, understanding and acceptance of all the terms and conditions retained by the present Conditions of Usage and Privacy Policy.

2.- USE OF THE APLICATIONS AND SERVICES

The Application of NEUROSTEPS, SL may show third party advertising and other contents that may link to websites of third parties. NEUROSTEPS, SL, cannot control nor be held responsible for the practices and contents of the privacy policies of third parties. Kindly read the Privacy Policies of these entities to understand how they may collect and treat your data of personal character.

NEUROSTEPS, SL, collects the necessary data so that the participant can use our Application and allowing us to keep and analyse the correct functioning, customise the content, and display contextual announcements.

In order to assure that the Usage of our Application is considered attractive by the Participants, we shall collect reports on data of the usage of The Application by The Participant. The personal data is hidden / transformed inside an Application before we receive them and they are linked to an ID created by us that does not allow to track the origin.

NEUROSTEPS, SL uses technologies resembling cookies in our Application with the aim to display announcements and carry out analysis so that we can improve our services continuously.

NEUROSTEPS, SL stores your information during as long as it is deemed necessary to provide you the contracted service. We can store the information during more time, but only in an untraceable format in regards to its origin. We delete the information once it is not required anymore to provide our services.

Collection of technical information and from the device

NEUROSTEPS, SL automatically collect certain information about your IT device, including:

Collection of personal information

When the Participant registers voluntarily in NEUROSTEPS, SL, or solicit information using The Web Site or The Application, or contacts us directly, we can gather information that identifies The Participant personally (such as name, surnames, email address, birthdate, civil status, postal address, nationality, etc.), as well as information which does not identify The Participant.

NEUROSTEPS, SL collects statistical data about the usage of The Application (for example: how you use the functions within The Application, how you navigate The Application, hours and duration of the usage of The Application, and we utilize these solely for internal development purposes, distribution, improvement and adjustment of our products, services, and contents. Also, we use this for the comprehension and analysis of tendencies related to the usage of The Application, the administration of The Application, the personalization of the contents and the communications with the client. This information can relate to the ID of your device and it is used solely with the aim to maintain and analyze the functioning of our App and personalize the content of it.

Availability

The NEUROSTEPS, SL Application is available for The Participants though computers, portable devices and mobile phones which work on the operations systems Windows, Android IOS and those specific platform applications, the Web access and the general network servers.

NEUROSTEPS, SL, makes all the reasonable efforts for The Application to be available at all times. However, The Participant accepts that the delivery of the Application is made through Internet and mobile networks and that, in consequence, the quality and availability of The Application could be adversely affected by factors beyond the responsible control of NEUROSTEPS, SL.

NEUROSTEPS, SL cannot be held responsible for the non-availability of The Application, the difficulties or the inability to download or access the content, download of the help-function, nor of any other error in the communication system which could cause The Application to be unavailable, as a consequence of the errors in the Internet connection, in the connection to the service provider or by the device of The Participant.

System Requirements

In order to be able to utilize The Application, The Participant shall have access to a computer, phone or compatible mobile device with Internet connection and which complies with the minimum specifications (Requirements of the Software).

The Application software can be updated periodically in order to add compatibility with new functionalities and services.

The requirements for the software are the following: Android devices with the Android OS 2.2, or later, operations system versions. Devices IOS version 10101.010.

The App type is: Universal (iphone/ipod touch / ipad)

3.- LICENCE, CENSIONS AND INTELLECTUAL PROPERTY RIGHTS

All the brands and registered brand names, rights of author, databases and other Intellectual property rights of The Application NEUROSTEPS, SL, anything of this nature, as well as the code sources, are exclusive property of NEUROSTEPS, SL, as well as in the case, of those entitlements for which NEUROSTEPS, SL has obtained the licence legitimately or a cession to use them in The Application.

The Application and the contents facilitated and obtained through The Application is property of NEUROSTEPS, SL, and we only grant you a limited, free and nonexclusive licence which is strictly for personal, non-commercial and revocable use, for you to receive the multimedia content to your facilitated through The Application. This Licence will remain in force until you cease the use of The Application or is ceased by instance of NEUROSTEPS, SL.

The Application is licenced to you, is not sold to you, and NEUROSTEPS, SL, retains the property of all the copies of The Application, even after being installed on your Device. NEUROSTEPS, SL, can transfer or cease the property or part of it with no restrictions. However, The Participant will not be able to cease these nor any part of these, neither transfer nor sub-licence your rights obtained under this Licence, to any third-party.

All commercial brands, service brand names, commercial names, logos, designs and Domain Names or any other function included in The Application, as well as any other function of The Application are exclusive property of NEUROSTEPS, SL This Licence does not award the Participant any right of use of the commercial brands, service brand names, commercial names, designs, logos neither Domain Names of NEUROSTEPS, SL, with independence of if they are for commercial or non-commercial use.

4.- THE LIMITATION OF LIABILITY

In accordance with the maximum allowed by Law, in no case NEUROSTEPS, SL, its Directors, shareholders, employees, agents, board members, subsidiaries, affiliated, successors, concessionaries, vendors or licensees of any other kind can be held responsible for any type of losses or direct, indirect, special, nor punitive damages caused by the use or the access to The Application.

Likewise, the Participant accepts that to the extend the applicable Legislation allows, the only and exclusive right The Participant obtains to resolve any problem or dissatisfaction with The Application, or with the content of these, is to un-install the Application and refrain from using the same.

NEUROSTEPS, SL, cannot be held responsible of any damage or alteration in the devices of the Participant as a result of the installation or the usage of The Application, including and not limited to, computers, portable devices or mobile phones.

NEUROSTEPS, SL, will keep The Application operational. Nevertheless, determined technical difficulties can arise or while realising maintenance services may involve temporary interruptions of the service. Due to this, NEUROSTEPS, SL cannot guarantee the permanent availability neither the continuous operation of The Application, the absence of virus or other elements that can result in changes to the system of the devices, neither the reliability, utility, veracity, precision, integrity nor keeping it up-to-date of the information contained in The Application. In any case, NEUROSTEPS, SL has realised all the technical adjustments needed and required by the Spanish Legislation.

5.- THE RESPONSIBILITY OF PARTICIPANTS

The Participant recognises and accepts that the use of the contents and/or services offered by The Application of NEUROSTEPS, SL will be under The Participants exclusive risk and/or responsibility. The Participant promises to use The Application and all its content and services in compliance with the law, the morals, the public order and the present Instructions for Usage, and the Specific Conditions that, in this case, are of application.

Likewise, The Participant promises to make correct usage of the services and/or contents of The Application and to refrain from employing them to realise illicit or constitutive activities of crime, that attack against the rights of third parties and/or that infringing the regulation on intellectual or Industrial Copyright, or any other norms of the applicable juridical legislation.

Specifically, The Participant promises not to transmit, enter, spread and put at disposal of third parties, any type of material and information (data, messages, drawings, sound and image archives, photos, software, etc.) that are contrary to the law, the morals, the public order and the present Instructions for Usage and, in this case, to the Specific Conditions that is of application to the Participant.

6.- THE PRIVACY POLICY

ACCEPTANCE OF INCORPORATION OF DATA OF PERSONAL CHARACTER

NEUROSTEPS, SL informs the Participant that it complies with the valid Normative of Data Protection and, specifically, with the Organic Law 15/1999 of December 13th for Data Protection of Personal Character, the Law 34/2002 of Services of the Information Technology and E-commerce companies and the Royal Decree 1720/2007 of December 21st of Development of the LOPD. In accordance with the content in the referred normative, NEUROSTEPS, SL manifests that it only collects the strictly necessary data to offer the services derived of its activities and other services, although it reserves the right to use the data that are recorded in its databases to realize statistical studies of the Participants registered and of the use that they make of The Application.

To such effect, by means of the present Conditions of Usage and Privacy Policy and, in any case, by means of the download of The Application or introduction of any data of personal character during any time of the process, The Participant is deemed informed and grants consent to incorporate the data of personal character provided, to the proprietary files of NEUROSTEPS, SL. These files are properly documented under The General Register of Personal Data Protection with the aim to facilitate the service in virtue of which the download and installation of The Application was made in the corresponding devices, and being authorized to send offers or publicity or promotional communications through any mean including electronic communication.

The Participant has been duly informed and voluntarily and un-mistakenly consents to the obtainment, retention and handling of the Personal Data by NEUROSTEPS, SL obtained through The Application during the 3-4 weeks following the face-to-face session of evaluation, downloaded on the mobile devices, (anemical state, level of physical activity, emotional mental/load planned and other data that are necessary for the development of the Program).

NEUROSTEPS, SL agrees to and guarantees the treatment of the data of personal character in accordance to the applicable norms already mentioned and which result valid in each moment, as well as the maximum confidentiality regarding data of personal character facilitated, both by NEUROSTEPS, SL as well as of the employees of the company that have or could have access to the referred data.

NEUROSTEPS, SL likewise guarantees the fulfillment of the security norms accepted in a general manner to protect the information which has been facilitated to it by The Participant, both during the transmission as well as during the reception and its storage.

Specifically, the personal data obtained by NEUROSTEPS, SL will be of the following nature:



Finally, the participant by the acceptance of the term contained in the current Terms of Usage and Privacy Policy, promises to fulfill the obligations herein detailed during the use of The Application, and assumes the scope of the guarantees of NEUROSTEPS, SL granted through these Policies or the valid Policies at any given point in time.

THE VERACITY OF THE PERSONAL INFORMATION

The Participant declares that all the data facilitated are true and correct, and agrees to communicate to NEUROSTEPS, SL any changes that may occur in the same.

The delivery of the data is absolutely voluntary for The Participant, although the lack of delivery of specific data or answers to questions that could be formulated in the processes of register or in the electronic forms that are presented to The Participant can cause the impossibility of access to the services. NEUROSTEPS, SL, in any case, will inform of the compulsory character and/or necessity of the delivery of the data for the correct functioning of the service.

RIGHTS OF THE PARTICIPANT

In order for The Participant to conduct The Participants right of access, rectification, cancellation, opposition of his data and other contents in the Title III of the Organic Law 15/1999 of 13th of December for Data protection of Personal Character, facilitate him this email address info@neurosteps.com or at the following postal address: AV. REPÚBLICA ARGENTINA, 2 - 08860 CASTELLDEFELS (BARCELONA)

SENDING OF THE OFFER AND/OR COMMUNICATIONS

According to the established in the Law 34/2002 of Services of the Information Technology and E-commerce Company, NEUROSTEPS, SL will exclusively send offers or advertising and promotional communications by electronic means to the participants email address or through another equivalent electronic media to those Participants that have expressly agreed and given consent to the reception of this type of communications. Nevertheless, the previous, by means of the acceptance of these Conditions of Usage and Privacy Policy, The Participant accepts and authorizes explicitly NEUROSTEPS, SL to remit offers and advertising communications to The Participant that are linked to the service carried out by NEUROSTEPS, SL.
The Participant will be able to manifest his refusal to the reception of this type of communications anytime, by means of notification to NEUROSTEPS, SL in the form foreseen previously.

7.- FINALIZATION OF THE USE OF THE APPLICATION

NEUROSTEPS, SL, can finalize the use of The Application for The Participant at any time upon previous notification to The Participant. When finalizing said use, it expressly also finalizes all the rights and user licenses temporarily granted to the participant and The Participant will have to stop to use The Application.

8.- DURATION AND TERMINATION

The provision of the services and/or contents of The Application NEUROSTEPS, SL has a clear-cut length. Without prejudice to the previous, NEUROSTEPS, SL is empowered to consider unilaterally finish, suspend or interrupt, at any time and without the need of a  prior notice, the provision of the service of The Application and/or of any of the services, without prejudice to what had been exposed in this regard in the corresponding Specific Conditions.

9.- APPLICABLE LAW AND JURISDICTION 

The questions in reference to the Instructions for Usage and Privacy Policy, as well as all those questions that root and are related in part or in totality with the services delivered through The Application, are governed in all and each one of its extremes by the Spanish Law.