Privacy Policy

This Privacy Policy describes the processing carried out by MONDENEL SLU of personal data collected through the mobile application STOP OJOS SECOS. Hereinafter, it may be referred to as the “App” or the “Platform.”

The use of the STOP OJOS SECOS application services is subject to the Terms and Conditions of Use described below. By using these services, you understand, acknowledge, and accept this Privacy Policy as well as the Terms and Conditions of Use.

It is advisable to carefully read the Privacy Policy as well as the Terms and Conditions of Use. If you have any questions or clarifications, you can contact MONDENEL SLU via email at sosojosecos@gmail.com or by writing to Calle Iluro, 1 2º2ª 08302, MATARO (BARCELONA).

This Privacy Policy and Terms and Conditions of Use shall apply to the access and use of STOP OJOS SECOS, and/or to any function, content, tools, and accessible services related to the application. STOP OJOS SECOS reserves the right to change or modify any of the Privacy Policy and/or the Terms and Conditions of Use or in any service policy.

The User of STOP OJOS SECOS will be previously informed about the changes that affect it, in reference to this Privacy Policy and/or the Terms and Conditions of Use and/or the functionality of STOP OJOS SECOS itself. Any change or modification will be effective once published on www.stop-ojos-secos.com and/or in the application.

Modifications that are notified will be considered accepted if the User uses the service. Therefore, it is your obligation to frequently review these conditions and other applicable policies in order to know the Privacy Policy and the Terms and Conditions of Use that apply to the service provided. Failure to accept the modifications entails the loss of the right to use the STOP OJOS SECOS application and therefore you must stop using the Service.

1. GENERAL INFORMATION

IDENTIFICATION OF THE DATA CONTROLLER

MONDENEL SLU owns STOP OJOS SECOS.

It also owns the website www.stop-ojos-secos.com, which is directly linked to the App. In accordance with the requirements of article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE), MONDENEL SLU provides the following information:

  • Company Name: MONDENEL SLU.
  • NIF: B66754029.
  • Registered office: Calle Iluro, 1 2º2ª 08302, MATARO (BARCELONA).
  • Email: sosojosecos@gmail.com.
  • Website: www.stop-ojos-secos.com, which is directly linked to the App.
  • Registered in the Mercantile Registry of Barcelona in Volume 45339, Folio 68. Sheet 484695, Inscription 1.
APP NAME

STOP DRY EYES

PURPOSE OF STOP OJOS SECOS

STOP OJOS SECOS is an application to prevent, diagnose, treat, and control “Dry
Eye Syndrome.”

CATEGORY OF STOP OJOS SECOS

The application could be considered within the category: health and wellness

TARGET AUDIENCE

STOP OJOS SECOS is aimed especially at people who suffer from dry eye syndrome, especially adults.

LANGUAGES OF STOP OJOS SECOS

STOP OJOS SECOS informs that it is available in the following languages: Spanish.

2. DATA PROTECTION POLICY

By virtue of the provisions of the Directive on electronic privacy (Directive 2002/58/EC modified by Directive 2009/136/EC, the terminals “The terminal equipment of Users of electronic communications networks, as well as all information stored in said equipment, are part of the private sphere of Users that must be protected in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

In accordance 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 Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, STOP OJOS SECOS informs the User in relation to the platforms, that the information that may be collected on the websites will be incorporated into the treatment systems under the responsibility of MONDENEL SLU, with the purposes of carrying out the management and maintenance of the relationship with the User with the websites, as well as the work of information, statistics, and marketing of the services and activities related to them.

Legitimate Bases of the Treatment

MONDENEL SLU informs that the legitimate basis that protects the processing of personal data is the existence of a legal and/or contractual relationship between both parties and the consent given by the users.

MONDENEL SLU informs that the data will be kept as long as the consent given by the User lasts, except in those cases in which there is a legal obligation to keep it and as long as the legal and/or contractual relationship lasts.

Rights of the Interested Parties

MONDENEL SLU informs Users that they may exercise the rights of access, rectification, limitation, deletion, portability, and opposition to the processing of their personal data before the Data Controller, as well as the withdrawal of the consent given.

  • Right of Access: It is the right of the user to obtain information about their specific personal data and the treatment that has been carried out or carried out, as well as the information available about the origin of said data and the communications made or planned of the same.
  • Right of Rectification: It is the right of the affected party to have the data that turns out to be inaccurate or incomplete modified. It may only be satisfied in relation to that information that is under the control of the APP, for example, deleting comments published on the page itself, images, or web content where personal data of the user appears.
  • Right to Limitation of treatment: It is the right to limit the purposes of the treatment originally planned by the data controller.
  • Right of Suppression: It is the right to suppress the personal data of the user, with the exception of what is provided for in the RGPD itself or in other applicable regulations that determine the obligation to preserve them, in time and form.
  • Right of portability: The right to receive the personal data that the user has provided, in a structured format, of common use and mechanical reading, and to transmit them to another person in charge.
  • Right of Opposition: It is the right of the user to not carry out the processing of their personal data or to cease the processing thereof by the APP.

In order to exercise any of the rights described above, you must meet the following requirements:

  • Presentation of a letter to the address Calle Iluro, 1 2º2ª 08302, MATARO (BARCELONA) (to the attention of MONDENEL SLU) or by email to sosojosecos@gmail.com.
  • The letter sent by the owner of the data requesting the exercise must meet the following legal requirements:
    – Name, surnames of the interested party and a copy of the DNI/NIE or any identifying document. In the exceptional cases in which representation is admitted, identification by the same means of the person representing him will also be necessary, as well as the document proving the representation. The photocopy of the DNI may be replaced as long as the identity is proven by any other means valid in law.
    – Petition in which the request is specified. (Exercise in which the information to which you want to access is requested). If you do not refer to a specific file, you will be provided with all the information that you have with your personal data. If you request information from a specific file, only the information from this file. If you request information regarding a
    third party, it can never be provided. If you request it by phone, you will be told to do so in writing and you will be informed of how you can do it and the address to which you have to send it. You will never be given information over the phone.
    – Address for notification purposes.
    – Date and signature of the applicant.
    – Documents proving the request you are making.
    – The interested party must use any means that allows to prove the sending and receiving of the request.

Finally, we inform you that you have the right to file a claim with the Spanish Data Protection Agency in the event that you are aware of or consider that a fact may constitute a breach of the applicable regulations on data protection.

If you wish to expand the information on the procedures and protocols adopted by MONDENEL SLU, we inform you that you can contact the Data Protection Delegate.

A) Accuracy and Timeliness of Data

STOP OJOS SECOS informs users that the Platform may contain links to other websites outside of STOP OJOS SECOS, so it will not be responsible for the processing of personal data that the User provides on those websites. Consequently, we recommend that you review the privacy policies of said sites.

Likewise, STOP OJOS SECOS informs that in the event that the User enters data in the forms of third-party websites, the latter will be responsible for the personal data, and who must adopt the technical measures described in the section of these Terms and Conditions of Use.

b) What Treatments Do We Perform

The treatment operation derived from the use of the App is briefly described below:

3. PRIVACY POLICY SECURITY

MONDENEL SLU is committed to complying with the Terms and Conditions of Use and with the Privacy Policy in relation to the APP and the Services, in compliance with what is mentioned in the following sections:

A) Geolocation

STOP OJOS SECOS does not require access to the geolocation of the device.

In the event that this system has to be used, prior to installation as well as, once installed, STOP OJOS SECOS, will inform about the use of said system, and the user must expressly accept or reject this functionality.

In any case, the User may revoke at any time in a simple and effective way, the treatment that the APP performs through the use of the location of the device, thus preventing the APP from having access to the processing of location data.

b) Applications that STOP OJOS SECOS uses

Device Permissions
STOP OJOS SECOS does not use the functions of the applications available on the device itself and therefore does not access the stored data.

If necessary, the APP informs you about the use of said applications, and will request your consent, informing you previously and clearly and completely, and offering the possibility to the User to express their will to accept or reject the use of specific data that the App requires for its installation.

c) Permitted Uses and Restrictions

Those users residing or domiciled in other countries of the European Union or outside the European Union must ensure that access and use of the Application and/or its content is permitted in accordance with their own legislation. In any case, access and use of the Application by a User who does not meet the residency requirement in Spain will be understood to be carried out under their sole responsibility, exonerating MONDENEL SLU from any responsibility.

d) Minors

STOP OJOS SECOS, informs that it is not intended for children under 14 years of age and that it does not process data. If a parent and/or guardian detects that their child and/or ward has provided personal data fraudulently or that it is not truthful without their consent, they should contact us at sosojosecos@gmail.com. MONDENEL SLU will proceed to delete the personal data, as well as all the information provided by the minor from our database.

E) Push Notifications

This APP does not use push notifications. In case of any change in what refers to said notifications, this Privacy Policy and Terms and Conditions of Use will be informed and updated.

f) Device information

For the correct functionality of STOP OJOS SECOS there is the possibility that it can access the information that we list below:

  • Device attributes: information such as the operating system, hardware and software versions, battery charge level, signal strength, available storage space, browser type, APP and file types and names, and plugins.
  • Identifiers: unique identifiers, device identifiers, and other types of identifiers, such as those from games, APPs, or accounts that you use, as well as family device identifiers.
  • Device signals: Bluetooth signals and information about nearby Wi-Fi access points, beacons, and cell towers.
  • Device configuration data: information that allows the user to receive through the configuration that they activate on their device, such as access to GPS location, the camera, or photos.
  • Network and connections: information, such as the name of the telephone operator or internet provider, the language, the time zone, the telephone number, the IP address, the connection speed and, in some cases, information about other devices that are nearby or are on your network, so that we can do things like help you, for example, transmit a video from your phone to your television.

TERMS AND CONDITIONS OF USE

1. INTERACTION WITH THE USER

STOP OJOS SECOS allows providing tracking reports so that the user can control the evolution of their disease and can send them to the ophthalmologist via e-mail or WhatsApp.

Likewise, a brief questionnaire can be carried out to diagnose the degree of eye dryness and treat dry eye disease by applying artificial tears and taking periodic breaks and exercises. In addition, it remembers the appointment with the ophthalmologist, offers recommendations for visual health through the link with the web, informs about relevant news and projects and allows access to Facebook.

1.1 the User Acknowledges and Accepts That
  1. This APP grants a non-exclusive, limited, non-transferable, and revocable license for the use of the service, and the User must use it for exclusively personal, non-commercial, or entertainment purposes. STOP OJOS SECOS reserves all rights not expressly granted in the service or in its Terms and Conditions of Use. STOP OJOS SECOS may terminate this license at any time and without justified cause.
  2. The APP and/or services may present advertisements from MONDENEL SLU or third parties through banners or pop-ups.
  3. STOP OJOS SECOS is not responsible for the content of any third-party advertising, nor the content of any website or other materials that may be linked to advertising by third parties, and the User is responsible for viewing them.
1.2 User Obligations

You may only use the APP and/or the Services if the requirements listed below are met.
Access to STOP OJOS SECOS and/or the Services, or parts thereof, may require the device to be connected to the Internet or require other third-party services
The User must comply with the terms of the third party corresponding to the use of the Services. Likewise, the User is responsible for ensuring that the installation and use of the APP do not exceed the data usage quotas or other limitations that may apply to their Internet service or other services acquired from third parties.

1.3 the User Agrees not To

Use or promote the use of any type of cheats, modifications, exploits or other unauthorized means to interfere with, or obtain an undue advantage in its use, the APP and/or the Services.
Attempt to disrupt the normal operation of the APP, or any other infrastructure operated by MONDENEL SLU.
Attempt to gain unauthorized access to the APP.
Make any automated use of the APP.
Impersonate another person in the use of the APP, or
Use the APP in connection with the violation or attempted violation of any applicable law.

2. OPERATION

2.1 Scope of Application

STOP OJOS SECOS is available for download in Spain, as well as any country that has been enabled. The use of the application service requires the express consent of the User, as well as compliance with these conditions and the laws applicable to it.

2.2 Obtaining STOP OJOS SECOS through Digital Stores
2.2.1 Digital Stores

If the APP is obtained through any digital store, the User and MONDENEL SLU acknowledge and agree that:

  • This document is entered into between the User and MONDENEL SLU only, and not with the digital stores, the company being solely responsible for the APP and its content.
  • Digital stores have no obligation to provide maintenance and support services in connection with the APP, whether in these terms and conditions of use or other applicable law.
  • MONDENEL SLU and not the digital stores, will be responsible for dealing with claims from the User or any third party in relation to the APP, including among such:
    – Claim of liability for the services offered in the APP.
    – Any claim in the event that the APP does not comply with any applicable legal or regulatory requirement.
    – Claims relating to consumer protection or similar legislation.
    – In the event of any third-party claim relating to the infringement of intellectual property rights
    in relation to the APP or its possession or use, MONDENEL SLU, and not the digital stores, shall be solely responsible for the investigation, defense, and processing of such claim.
    – The digital stores, and/or their subsidiaries will be third-party beneficiaries of this document.
    – Upon acceptance of this document, the digital stores will have the right to enforce it as a third-party beneficiary.
2.2.2 Download of STOP OJOS SECOS

The User may obtain the APP from the following digital stores:

STOP OJOS SECOS is a multiplatform application, which is available in the Apple Store and Play Store. This allows you to manage communications regardless of the device from which you access. Unique credentials are used.

2.3 Cost of the APP

Obtaining the APP is free.

2.4 Payment Methods

STOP OJOS SECOS does not have payments, so no data regarding the User’s payment methods will be requested.

2.5 Uninstallation

If the User wishes to uninstall the APP, they must proceed to uninstall it from their device.
This fact does not imply the automatic elimination of the information that the APP has of the User, so if you want the elimination of the information available by MONDENEL SLU you must formalize your request through a request addressed to the email Sosojosecos@gmail.com or to the address Calle Iluro, 1 2º2ª 08302, MATARO (BARCELONA).

2.6 Cancellation of the User Account

In the event that the user cancels their account, their data will no longer be visible at the time the cancellation becomes effective, however, keep in mind that in the event that the user has published images and/or comments, these may remain visible to the Users of the APP.

User data may be kept in the following cases: For a legal obligation, to meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, apply our conditions of use or comply with your cancellation request so as not to receive future messages from us. Once the account is closed, the information will be kept in an anonymized manner.

If you have any additional questions, you can contact us through the channel Sosojosecos@gmail.com.

3. SUPPORT

In accordance with these Terms and Conditions of Use, the STOP OJOS SECOS application will be obliged to offer and/or publish from the digital store the new extensions or versions, and other services in relation to the use of the APP or the Service.

In any case, MONDENEL SLU is responsible for updating the APP, through the functionalities provided by STOP OJOS SECOS through the digital store.

4. THIRD PARTY SERVICES

STOP OJOS SECOS may use third-party services:

  • To obtain the software and/or services (for example, for the creation of a certain component of the APP).
  • In relation to the Software and/or services (for example, a social networking website).

In addition, in order to obtain, install, update, access, use, or continue accessing, you may need to use certain third-party services.

STOP OJOS SECOS may obtain analysis data through providers that allow understanding the use and analyzing the popularity index of the APP. This analysis is carried out on behalf of STOP OJOS SECOS, so the responsibility for said activity corresponds to the APP itself. In the section “COOKIES POLICY” the User has complete information about the analysis and the provider(s) that the APP uses.

The APP may contain links (including through advertising) to third-party websites or other third-party content or services. These links are provided solely for your convenience and may not be kept up to date or updated. You acknowledge that such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them, and that your use of any third-party content or services may be subject to Terms and Conditions of Use outside of the APP.

5. LICENSE DURATION

The license granted to the User is granted in perpetuity. Without prejudice to the foregoing, said license will be terminated by the following circumstances:

  • Breach by the User of any of these Terms and Conditions of Use that is included in this document.
  • Attempt to destroy the APP or detection of malware or threat in that regard.
  • At the request of the User through the act of uninstalling the APP from their device.

The termination in accordance with this clause will not affect any right or remedy that MONDENEL SLU has under current legislation. This license does not limit any right that MONDENEL SLU may have in accordance with this document to modify the APP by way of update, in particular by eliminating the characteristics of the APP, or by modifying or ceasing to offer the Services or any part thereof.

6. WARRANTY

The User assumes that it cannot be guaranteed that the APP and the services that derive from it are free of errors; the existence of such errors does not constitute a breach of this document.

Unless expressly indicated otherwise in this document, and to the extent permitted by applicable law, STOP OJOS SECOS will not be liable to the User for any loss, including special, indirect or consequential damages (such as loss of profits), or the claim, that arise from the breach of this document or as a result of the defective use of the services offered by MONDENEL SLU.

In case of any failure, you should contact MONDENEL SLU by email: Sosojosecos@gmail.com.

7. USER PROFILES

7.1 User Registration

In order to use the functionalities of STOP OJOS SECOS it is necessary to register as a User in our APP, as well as access the private area. To cancel your registration, see section “2.5 Uninstallation” and “2.6 Cancellation of the user account.”

APP informs that you can modify the configuration of the profile created within your private area.

The User can create their user registration by linking their email account.

7.2 Security of the User Account

The User is responsible for maintaining the confidentiality of their username and password that they designate during the registration process, and is solely responsible for all activities carried out under their username and password.

The User understands and agrees to immediately notify APP of any disclosure or unauthorized use of their username or password or any other security breach that they are aware of, to the email address: Sosojosecos@gmail.com.

To protect the integrity and security of the Service, MONDENEL SLU reserves the right, at any time, to its full availability, to block certain IP addresses of users accessing the Service.

8. COOKIES POLICY

Cookies Used in our App:

The user can withdraw their consent for the use of Cookies in the STOP OJOS SECOS application at any time. To do this, it will be necessary to activate the function to exclude Cookies in the account configuration section. When this function is activated, the application’s cookies will be blocked for that device. It is also reported that the uninstallation and/or configuration of cookies may lead to the total non-functionality of the application.

For more information, visit the link to the APP website https://stop-ojos-secos.com/politica-de-cookies/.

MONDENEL SLU may modify this Cookies Policy based on changes in the Cookies used at any time, as well as based on legislative, regulatory requirements, or in order to adapt said policy to the instructions issued by the Spanish Data Protection Agency. When significant changes occur in this Cookies Policy, they will be communicated to Users for their acceptance through email to Users registered on the STOP OJOS SECOS platform or through any other appropriate procedure according to the circumstances.

9. CODE OF CONDUCT

The User must comply with all applicable laws and use the available spaces of the APP to leave comments in a correct way and respect the code of conduct established in this section, as well as take into account the liability regime that may arise from the use of these spaces in an incorrect or illicit way.

STOP OJOS SECOS informs of the behaviors that it does not consider appropriate and of the power it has to act accordingly on the following uses, actions, omissions or statements that the member makes, by virtue of the relationship that binds them to STOP OJOS SECOS:

  • Act dishonestly or unprofessionally.
  • Publish inappropriate or inaccurate content.
  • Harass, abuse, threaten or harm another person or user – member of STOP OJOS SECOS.
  • Use or publish through images, videos or any comment on the profile that may offend the sensitivity of the Users, as well as that may discriminate for any condition, race, ethnic group, nationality, religion, sex, sexual orientation, disability or disease, or that are illegal, libelous, abusive, obscene, discriminatory or for other causes considered reprehensible.
  • Use another person’s account or create a false identity in STOP OJOS SECOS.
  • Make false statements that impersonate identity.
  • Include content that contains computer viruses or others that may eliminate, interrupt or hinder correct navigation.
  • Sell, sponsor or obtain economic benefit through STOP OJOS SECOS without the authorization of MONDENEL SLU or if another method provided by MONDENEL SLU has been established for the management of an exclusive service.
  • Share information of people who are not Users without their express consent.
  • Create false profiles in the application, in the event that STOP OJOS SECOS detects that there are false profiles, they will be eliminated immediately.
  • Promote racism, xenophobia or fanaticism of any kind against any group or individual.
  • Imitate or impersonate any person or entity.
  • Request money from other users.
  • Send videos, audios or photographs with images of another person without their authorization (or in the case of a minor, without the authorization of their parents or legal guardians).

10. INTELLECTUAL PROPERTY (COPYRIGHT)

Access to the APP does not grant the User any legitimacy or ownership over the intellectual and industrial property rights of the corporate elements.

The texts, images, logos, distinctive signs, sounds, animations, videos, source code and other content in the APP are the property of MONDENEL SLU. STOP OJOS SECOS has the right to use and exploit said APP and content, and in this sense they stand as works protected by current intellectual and industrial property legislation.

The User acknowledges that the materials provided within the framework of the Services are protected by copyright and may also be protected as other intellectual property licenses owned by MONDENEL SLU.

In the event of a judicial resolution, the User must indemnify MONDENEL SLU against all liabilities, costs, losses, claims and expenses that MONDENEL SLU may incur with a third party as a consequence of the breach of any of the provisions of this document. For the purposes of preserving the possible intellectual or industrial property rights, in the event that any User or a third party considers that there has been a violation of their legitimate rights due to the introduction of certain content in the APP, they must notify said circumstance to MONDENEL SLU., by email to the address: Sosojosecos@gmail.com, indicating:

  • Personal data of the interested party holding the allegedly infringed rights. If the claim is presented by a third party other than the interested party, they must indicate the representation with which they act.
  • Indication of the contents protected by intellectual or industrial property rights, and their location on the website.
  • Accreditation of the aforementioned intellectual or industrial property rights.
  • Express declaration in which the interested party is responsible for the veracity of the information provided in the notification.

The legitimacy of intellectual or industrial property rights corresponding to content provided by third parties is the sole responsibility of those parties.

11. UPDATES AND MODIFICATIONS

STOP OJOS SECOS reserves the right to modify, revise, or replace the Privacy Policy as well as the Terms and Conditions of Use, when it deems necessary. The modifications, revisions, and substitutions will be effective immediately after their publication. Continued use of the APP or the Services after such notification constitutes your agreement to be bound by the terms of this modified, revised, or substituted document, as well as your understanding and acceptance.

The waiver by either party to exercise a right of defense for any violation or breach by any other party will be effective only when made in writing and with the signature of the waiving party. Such waiver shall not constitute a waiver to exercise any other right arising from other breaches of this document.

If any provision of this document is declared null and void in any jurisdiction, that provision of the corresponding jurisdiction will apply so that the provision declared null and void is ineffective to the extent of the prohibition, invalidity, or inapplicability, without invalidating the remaining provisions of this document or affecting the validity or applicability of that provision in any other jurisdiction.

STOP OJOS SECOS may not assign, novate, or transfer any of its rights or obligations under this document at its sole discretion, without prior notice.

Notwithstanding the provisions of this document, STOP OJOS SECOS shall not be liable for any delay or failure to perform its obligations under this document if the delay or failure is due to circumstances of force majeure, including trade disputes.

12. ARBITRATION AND APPLICABLE LAW

You understand and agree that any discrepancy or claim arising as a result of or related to this End User License Agreement (including any alleged breach thereof), or with the Service, shall be submitted exclusively to the Madrid Arbitration Court of Spain, and shall be resolved by binding arbitration under the law.

Consumers are advised that the European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.