Terms and conditions of use

Terms and conditions download and use of the HIGIA app

Please read this document carefully before installing and using the HIGIA App

Purpose of these Terms and Conditions

These general conditions (the “App Use Conditions”) establish the warnings, terms and conditions applicable to the use of the Mobile Application (hereinafter App) developed and owned by Techgia Solutions, S.L. (hereinafter, “Higia”) trading company with registered office at Avenida España, 125 – 12410 Altura (Castellon) Spain and with CIF B72426000.

Consequently, these Terms of Use of the App establish the contractual relationship between the user and Higia in relation to the use of the App that can be downloaded from the Play Store and App Store. The download or use of the App attributes the condition of “user” to whoever executes said download and implies the automatic acceptance of all the Conditions of use of the App included in this document and secondarily in what is not contradictory and is complementary, in the Use Policies and Privacy Policy published on the Higia website accessible through www.higia.app

Rules make up the contractual relationship with the user

For the use of the App, registration will be necessary, as well as the acceptance of these Conditions of use of the App, which will also be published and accessible electronically at www.higia.app

Subsidiarily in what is not contradictory and is complementary, the Use Policies, Privacy Policy and Cookies published on the Higia website will be applicable if the user accesses any web service linked to the App. Said policies are accessible through www.higia.app

The mere use of the Higia App automatically entails full and unreserved acceptance by the user of each and every one of these App Use Conditions in the version published by Higia at any time. Consequently, the user must periodically read the Conditions of Use of the App to know its variations, which will not necessarily be specifically notified to the users.

In addition, those other general and/or particular conditions that they subscribe to in relation to the use of certain resources and/or content made available in Higia are applicable to the user.

To the set of terms and conditions that results from the Conditions of use of the App, Use Policies, Privacy Policy and Cookies of the Higia website.

Functionality has the Higia App

Higia is a digital solution for healthcare professionals that covers different areas, from the traceability of cleaning to the management of communication in the organization.

Obligations of the users of the Higia App

The user undertakes to use Higia in accordance with these Conditions of Use of the App as well as in accordance and with full observance of all the conditions that regulate the Contractual Relationship and respect for the applicable legislation and the rights of third parties assuming, In addition, the following obligations:

The use of the App by the user must be done responsibly and in accordance with current legislation, good faith, all the terms and conditions that regulate the Contractual Relationship and respecting the intellectual and industrial property rights owned by Higia. and from other third parties, in particular, other third-party users of the App.

The use of any of the contents of the App for purposes that are or could be illegal is totally prohibited, as well as the performance of any action that causes or may cause damage or alterations of any kind not consented to by Higia, to the Application, to its contents and third-party users.

The user will only create and use a “user account” and a single “username”, which will identify them for all purposes in any operation carried out through the Higia App. The data entered by the user must be true, exact and up-to-date, correspond to her own identity and be kept up-to-date. The email address of the user will be their App user identifier.

The user will preserve the confidentiality of the access codes and any other elements that allow the impersonation of their identity and, in the event that they consider that they are threatened, they will notify Higia without delay and proceed to update or replace them immediately to avoid unauthorized use of your personal data as well as your user account.

The user will omit the use of any data, information or content accessible in Higia for purposes other than the use of Higia as provided in the terms and conditions that make up the Contractual Relationship.

The user will assume full responsibility for any actions and content attributable to their User account, unless they have notified Higia sufficiently in advance of an incident that puts the confidentiality of their access code at risk, have adopted the necessary measures to prevent its unauthorized use in accordance with these Terms of Use of the App and there are clear indications that said action has not been carried out by the user.

The user is warned that the App will not work if the device on which it is installed is or is rooted by the user.

The user, at all times, will not use Higia to carry out activities contrary to the laws, morality, good customs or public order. Specifically, and by way of example, you will refrain from:

– Omit the use of technical or computer means or instruments that could prevent or hinder the normal functioning of Higia or damage the tools and technical devices integrated in Higia or others belonging to Higia or the users;

– Omit the use of any technical or computer tool that allows the extraction, automated or substantial, of data or content hosted or stored in or accessible through Higia, such as page-scrape techniques or data extraction, robots, spiders ( spiders) or other automatic devices, programs, algorithms, methodologies or manual processes in order to access, acquire, copy or monitor part of the site its contents in order to obtain or attempt to obtain materials, documents or information not available to through the app.

– Any other fraudulent use of the App.

Exclusion of obligations and guarantees

Higia does not assume any contractual obligation with the users other than that derived from these Conditions of use of the App and declines all responsibility for, among others:

The correct, continuous or uninterrupted operation of Higia. The user declares to be aware that the Internet is a medium subject to malfunctions and service interruptions.

The expectations that the user could have created in relation to the possibilities of using Higia’s services.

Higia’s compatibility with the access devices of the users, be they computers, browsers, mobile devices or any other type.

The adequacy of Higia to the needs or expectations of the users.

The level of satisfaction as a result of the use by the user of Higia’s services or the adverse consequences that may be experienced as a result of the information exchanged or accessible through Higia.

Possible actions of Higia in case of breach of the Contractual Relationship

Hygia will be able to:

Suspend, withdraw or cancel the User account and any transaction of the user who has committed acts contrary to the documents that make up the Contractual Relationship, the legal system or the rights of third parties.

Report to the competent authorities any actions by users contrary to the documents that make up the Contractual Relationship, the legal system or the rights of third parties.

Adopt, at its sole decision and discretion, the measures it deems appropriate for the better functioning of Higia and the greater satisfaction of the users, including the establishment of restrictions, barriers or automatic measures to prevent conduct contrary to the documents that make up the Contractual Relationship, the legal system or the rights of third parties.

Claim the responsible user for any damages and losses that have been caused to Higia as a result of the aforementioned breaches.

Notwithstanding the foregoing, Higia may rehabilitate the User content or the account that had been canceled or suspended if the legality of the user’s actions is finally proven.

Higia will not be obliged to issue certificates in favor of the users or any third parties about the events or circumstances that occurred in Higia or about the user content hosted therein, unless it is required in this regard by the competent authorities or that, by the applicable circumstances, it deems appropriate. Users may not claim anything against Higia for the consequences that the issuance of these certificates may have for them or third parties.

Abuse and Violation Notification

In the event that any user considers that there are facts or circumstances that reveal the illegal nature of the use of Higia by another user or of content (including the violation of intellectual or industrial property rights, the performance of acts of competition unfair or illegal advertising, acts contrary to the Law of any nature) must send, under their responsibility and commitment that the information provided is accurate and truthful, a notification to Higia in which they are informed of it. These notifications must be sent to the following email address soporte@higia.app

In any case, Higia can make available to users, if it so decides, other mechanisms to carry out these notifications in Higia.

Upon receipt of the notification, Higia will carry out the appropriate actions that correspond to it according to its legal obligations and according to this Contractual Relationship.

Security breach notification

The user assumes responsibility with regard to the confidentiality of the use of any username and email address with which they have registered to access and use the Higia services. He is also responsible for maintaining the confidentiality of his password and account, being fully responsible for all activities that occur under that account and password.

In addition, the user agrees to: (a) inform Higia immediately, when they detect an unauthorized use of both their password and their account, as well as any breach related to security and any data of a personal nature. own personnel or third-party users and, (b) ensure their exit from the Application once the session is over, Higia cannot and will not be responsible for losses or damages derived from breach of these obligations. These notifications should be sent to the following email address soporte@higia.app and will indicate in the subject: “Security breach”.

Intellectual and industrial property of Higia

The intellectual and industrial property rights over the Higia App, its texts, graphics, images, animations, source code, databases, content and other elements belong exclusively to Higia (or third parties with whom Higia has signed legitimate agreements). integrated into the App, including its structure, arrangement and configuration without this enumeration being of a limiting nature (hereinafter also identified all of them as Content) and said property as well as the legitimate use of said contents are protected by the laws of intellectual property and international industry.

Neither the use of the services and the Higia App nor the subscription to any Contractual Conditions related to it grants any license or authorization to use any of the contents described in the previous paragraph except to the extent strictly necessary for the use of Higia in accordance with the established in the documents that make up the Contractual Relationship.In particular, any form of reproduction, public communication, distribution, modification or any other act of exploitation of the Higia Contents, either in part or in its entirety, is prohibited without the prior and express authorization of Higia.

Likewise, the name of “Higia” and any other distinctive signs and logos used in Higia are the exclusive property of Higia or other third parties with whom Higia maintains business relationships and have legitimately authorized their use.

The user may not use the trademarks, distinctive signs and logos of Higia and or third parties without the prior and express authorization of Higia or said third parties, regardless of whether or not they are registered in the territory of the user.

In relation to the Contents protected by the intellectual property rights of the Higia App, including its structure, arrangement and configuration, the following conditions apply:

Higia is the exclusive owner of the intellectual property rights that fall on the App and therefore the exclusive owner of the rights of reproduction, distribution, public communication, transformation and use, being the only one that can grant licenses for its use and exploitation.

– By virtue of these conditions, Higia grants the user a non-exclusive and non-transferable license for the use of the App and the display and use of the contents in accordance with the established configuration and in the manner established in these conditions. and those others applicable by virtue of the Contractual Relationship, for the time the site is publicly accessible and with the following limitations:

o The user may not reproduce the App or its contents or make copies for use in a manner other than that permitted, nor sell, market or resell its use or its contents, its design or appearance, or any Information derived from them.

o The translation, adaptation, arrangement or any other transformation of the App and its contents that only corresponds to Higia or the legitimate owners of the contents or third parties authorized by Higia is prohibited.

o The alteration of any of the parts of the App and its contents to modify its functionality, characteristics or technical conditions of access and use is also prohibited.

o The user is prohibited from carrying out, for any purpose and in any case, reverse engineering, reprogramming of the application or modification of any nature to the site and its contents, or copies or successive or derivative versions.

o The user may not carry out, for any purpose and in any other case, transfer, conveyance, lease, sale, as well as any act of disposition, temporary or permanent, free or onerous, of the right of use or any other rights of exploitation of the App and its contents

In short, under no circumstances, the user may make a use or use or an act of disposition of the App, its services and content other than that permitted in these conditions or in any other applicable conditions.

The user who carries out any of the prohibited actions will be solely responsible for the consequences of such actions.

If the culpable or negligent act or omission directly or indirectly attributable to the user that originates the infringement of the intellectual and industrial property rights of Higia or third parties -whether or not there is a benefit for it- originates Higia damages, losses, obligations solidarity, expenses of any nature, sanctions, coercive measures, fines and other amounts arising or derived from any claim, demand, action, lawsuit or procedure, whether civil, criminal or administrative, Higia will have the right to address the user for all legal means at your disposal and claim any compensation amounts, including – by way of example and not limitation – moral and image damages, consequential damages and lost profits, advertising costs or of any other nature that may result for your repair, amounts of sanctions or sentences convictions, default interest, the cost of financing all amounts in which it could If Higia were to be harmed, the legal costs and the amount of the defense in any process in which Higia could be sued for the aforementioned causes, for damages and losses caused by his act or omission, without prejudice to exercising any other actions that correspond to it by law.

Ownership of the database and statistical and dissociated information of Higia

The ownership of the intellectual property rights and sui generis over the databases and database managers in relation to the App and the information generated by the use of Higia services is exclusively Higia, who therefore may make use and exploitation of this information in the way it deems most appropriate for the improvement and evolution of the App and its services, as appropriate, including without limitation the possibility of extracting and/or reusing and using all or a substantial part of the content in whole or in part, including the incorporation of said information to another support and its exploitation to third parties.

Ownership of all intellectual property rights and sui generis right in terms of the structure and form of expression of the selection and arrangement of statistical information and dissociated jointly or separately from other content owned by Higia and specifically the rights to obtain, verify , presentation, extraction and reuse of data and information, corresponds exclusively to Higia, in accordance with the provisions of articles 12, 133 and following of the Consolidated Text of the Intellectual Property Law, which includes the structure and form of presentation of the data and the form of expression of the selection or disposition of the same.

Consequently, Higia will be the only one that, as the exclusive owner of the statistical and dissociated information databases generated by the use of the App, will be able to grant use licenses as well as carry out the extraction and/or reuse and use of all or a substantial part of the content of the databases as well as the total or partial transfer of its content to third parties, including its incorporation into another support in the medium used or the way in which Higia deems most appropriate.

Duration of use of the App

The access, content and services offered through the App and the App itself, has in principle an indefinite duration. Higia, however, may terminate or suspend access, services and/or content, as well as the download of the App at any time, without prejudice to what has been provided in this regard in these general conditions or, where appropriate, particular conditions that regulate the use of a specific service and/or content intended for users.

Detailed information on the processing of personal data of the users of the App

In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/CE (hereinafter GDPR) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPDGDD) Higia informs users of the App for the processing of your personal data on the occasion or reason for downloading and using the App.

Identification of the company name of the data controller

TECHGIA SOLUTIONS, S.L. (hereinafter “Higia”) is the entity responsible for the processing of any processing of personal data derived from the download and use of the App.

Higia’s contact details are as follows:

Postal address: Avenida España, 125 – 12410 Altura (Castellon) Spain

Email address: soporte@higia.app

Other contact information available on the web: www.higia.app

Accuracy and veracity of personal data

The use of the App and its services is voluntary, but once the users have downloaded the App and use it, they are obliged to provide true, current and exact data that corresponds to their own identity, being responsible for any data and information of third parties that provide

Users are solely responsible for the veracity, accuracy, updating and correctness of the data they provide, exonerating Higia from any responsibility in this regard and committing the user to keep personal data duly updated.

Users agree to provide truthful, updated, complete and correct information, always and solely corresponding to their own identity, through any data collection channel published on the site, such as forms, sending email, postal communication and/or or through a phone call.

Users are the only source of information on their personal data, they are obliged to keep their data updated at all times in accordance with the principles of data protection legislation, which can be done through the postal and electronic addresses indicated below for the exercise of the indicated rights. In any case, when the data is collected or provided directly from the users themselves, in accordance with the provisions of current regulations, those provided by them will be considered accurate, as long as said data is not rectified or updated by the users themselves. users.

Personal data object of treatment and origin of the data

The user is informed that the following information is collected and processed through the Higia App:

Date, time and place.

Email and password

Information for diagnostic purposes, such as software versions or details of your device.

The information and personal data indicated come from the following sources:

It has been provided by the user in the process of downloading and registering in the App by filling in forms, requests for information and enabling or checking boxes.

It is obtained through the user’s device as a result of technical procedures, some automated and others activated by the user.

It is communicated to Higia by third party service providers of the information society such as cloud service providers.

Legal basis and purposes of processing personal data

With a legal basis in the consent given by the user when providing their data and, where appropriate, by marking or, where appropriate, expressly activating the boxes enabled for this purpose, Higia may carry out the processing of your data for the following purposes:

Contact with Higia: When the user uses the services enabled for this purpose to contact Higia (through forms, telephone, postal mail, email, online communication), Higia will process their personal data to attend to and manage the response of the communication made by the user and provide the requested information.
Registration in the App: When the user registers through the Higia App, their data will be processed in order to manage the entire registration process and creation of a user account.
Sending service communications:
Comments, complaints and suggestions: When the user sends a comment, complaint or suggestion, Higia will process their data to attend to these communications expressed by the users.
With a legal basis in the contractual relationship, Higia will process the personal data of the users of the Higia App for the following purposes:
Sending the communications and service messages necessary for the download, correct use and maintenance of the App.
With legal basis in compliance with legal obligations:
Management of security breaches: Higia treats the data of the user, where appropriate, for the management of security breaches that may occur for any reason, which includes their detection, analysis, repair, application of security measures, security and communication, where appropriate, to the competent authorities and to the user affected by the breach.
Compliance with legal obligations of any nature: Where appropriate, Higia will process personal data to meet the requirements of the competent authorities by reason of the matter; also to comply with any request to exercise the rights of the user.
Deletion of the account at the request of the user and, where appropriate, blocking in the event that the account is used contrary to these conditions and any terms and conditions that regulate the “Contractual Relationship” as well as when the user make fraudulent or deceptive use, violate copyrights, trademarks or other intellectual and/or industrial property rights of Higia and/or third parties.

Identification of the recipients with respect to whom Higia plans to carry out transfers or data communications

With a legal basis in compliance with legal obligations, the personal data of the user will be communicated to third parties when there is a legal obligation to communicate to the competent public authorities due to the matter and/or to meet the requirements made by them. . In such cases, the recipients of the data may be, without limitation, administrative bodies or Control Authorities in tax, transport, competition, data protection, consumption, telecommunications and information society matters, Judges, the Public Prosecutor’s Office and Courts.

Processors

Third-party service providers for Higia with the category of data processors are recipients of personal data for the purpose of providing services that support Higia’s commercial activities, always processing personal data on behalf of Higia and on its behalf, prior Subscription of a treatment order contract with sufficient guarantees of security, confidentiality, return or destruction of data and compliance with the instructions given by Higia to carry out the treatment.

In these cases there are the following categories of third parties: hosting service providers, electronic communications delivery service providers, IT service providers and others.

Other recipients of information

Higia warns the user that this entity is only responsible for and guarantees the confidentiality, security and treatment of data in accordance with this policy, with respect to the personal data that it collects from the user, not having any type of responsibility regarding of the data processing that could be carried out by third-party service providers of the information society that could access such data by reason of the provision of their services or exercise of their activity or by third-party providers of transport services.

International data transfers

Higia does not carry out international data transfers.

Mandatory communication of data to Higia

The communication of personal data to Higia for the use of the App is necessary, being a legal and contractual requirement for the use of the transport services associated with the App, leaving in these cases the user obliged to provide the requested personal data and being informed Otherwise, if you do not provide such data, you will not be able to use the services provided by Higia, and the consequences provided in the Legal System will also apply.

Conservation of personal data

The personal data provided by the user to Higia will be kept by Higia for different periods, depending on the type of information and purpose of the collection, in accordance with the terms established in the current regulations applicable for compliance with legal obligations and attention to responsibilities.

Security measures

Higia informs users that necessary technical and organizational measures have been adopted to guarantee the security of personal data and prevent alteration, loss, treatment or unauthorized access, taking into account the state of the art, the costs of application, and the nature, scope, context and purposes of the treatment, as well as risks of variable probability and severity for the rights and freedoms of natural persons.

In any case, if the interested party is aware of the existence of a breach or security incident or has indications of its existence, they must notify Higia of this circumstance. These notifications must be sent to soporte@higia.app and will indicate in the subject: “Security breach”, in order for Higia to adopt the appropriate remedial and corrective measures and comply with its information and notification obligations to the protection authorities. of data and other natural persons affected.

Data protection rights of users

Users have the right to exercise their rights of access, rectification, opposition, deletion, limitation, portability, right not to be subject to decisions based solely on the automated processing of personal data.

They also have the right to withdraw the consent granted for the treatment carried out with said legal basis at any time, without affecting the legality of the treatment based on the consent prior to its withdrawal. In these cases there is the right to revoke the consent granted for the sending of commercial or advertising communications.

To exercise any of these rights, users must send a letter addressed to Higia, indicating the right they exercise to any of the following addresses:

Postal address: Avenida España, 125 – 12410 Altura (Castellon) Spain

Email address: soporte@higia.app

Other contact information available on the web: www.higia.app

As these are very personal rights, when necessary, Higia may request a legally valid document from the user to prove their identity, such as a copy of the DNI / NIF on both sides.

Right of claim and protection before the control authorities

Users are informed of their right to file a claim with the Spanish Agency for Data Protection (AEPD), in particular, when they consider that their rights have been violated or they have not obtained satisfaction from Higia in the exercise of themselves.

For this, users can contact the Spanish control authority, the Spanish Agency for Data Protection (AEPD) through www.agpd.es or at the following address C/ Jorge Juan, 6. 28001 – Madrid, and / or contact telephone number 912 663 517.

However, on a voluntary basis and prior to submitting said claim to the AEPD, users can contact Higia, through the following email address: soporte@higia.app

Modification of these conditions and the conditions that regulate the Contractual Relationship

Users are aware that Higia may modify these Conditions of Use of the App and the Contractual Relationship at any time without the need to inform users thereof. Users must periodically consult the App’s Terms of Use to find out its applicable version at all times.

Miscellany

The present Conditions of use of the App are the express manifestation of the will of the parties in relation to its object and invalidate the verbal and written agreements reached in this regard prior to its acceptance by the user.

In case of discrepancy between the Conditions of use of the App and any other document that regulates the “Contractual Relationship”, the document that specifically applies to the service or regulated content will prevail and in case of discrepancy between the versions of the Conditions of use of the App and any other documentation that regulates the “Contractual Relationship” in the different languages in which they have been provided by Higia, their Spanish version will prevail, whenever legally possible.

The declaration of nullity or invalidity of any clause contained in these Conditions of use of the App will not affect the validity and effectiveness of the other clauses, which will be interpreted and applied in the closest legal sense to that derived from the application of the null clause.

The waiver by any of the parties to the fulfillment of any of the provisions of these Conditions of use of the App by the other party, will not constitute a waiver of the right to claim compliance with the rest of the provisions of these Conditions of use of the App or of any other obligation. The delay or omission of the parties in the exercise of any right that corresponds to them by virtue of the Conditions of use of the App will not constitute a waiver of the corresponding right.

Applicable Law and Jurisdiction

The Contractual Relationship will be governed by Spanish law, excluding any rules on conflict of laws.

In accordance with Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (General Law of Consumers and Users) will be of application of the Courts and Tribunals of the domicile of the consumer and user.

In any case, the user is informed that, by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes regarding consumption, you can go to the “Online Conflict Resolution Platform” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services through the App.

To access the “Online Conflict Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/

Contact with Higia

For any questions about the present conditions of download and use of the App, users can contact Higia through soporte@higia.app