PRIVACY POLICY AND TERMS AND CONDITIONS OF STOP DRY EYES

The use of the services of the MONDENEL SLU application is subject to the Terms and Conditions of Use described below. By using these services, you accept and acknowledge these Terms and Conditions of Use.

It is advisable to read the Terms and Conditions of Use carefully and, if you have any questions or clarifications, you can contact MONDENEL SLU by email at sosojosecos@gmail.com or by writing to the address CARRER ILURO, 1 2º2ª08302MATARO (BARCELONA).

These conditions of use will apply to the access and use of Stop Dry Eyes, and/or to any function, content, tools and accessible services related to the application,

Stop Dry Eyes reserves the right to change or modify any of the Terms and Conditions of Use contained in these conditions or in any service policy. The User of Stop Dry Eyes will be previously informed about the changes that affect it, in reference to the Terms and Conditions of Use and/or the functionality of Stop Dry Eyes itself. Any change or modification will be effective once published on the website www.stop-ojos-secos.com and/or in the Stop Dry Eyes application.

The 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 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 Dry Eyes application and therefore you must stop using the Service.

  1. INFORMATION ABOUT MONDENEL SLU

MONDENEL SLU owns Stop Dry Eyes.

It also owns the website www.stop-ojos-secos.com, which is directly linked to the Stop Dry Eyes 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 informs of the following data:

  • CIF: B66754029
  • Registered office at CARRER ILURO, 1 2º2ª08302MATARO (BARCELONA)
  • Registered in the Mercantile Registry of Barcelona in Volume …45339………….., Folio ……68……., Sheet …484695…………., inscription …1ª…………
  • The contact email address is: sosojosecos@gmail.com
  1. OBJECT OF Stop Dry Eyes

Stop Dry Eyes is an application to prevent, diagnose, treat and control Dry Eye Syndrome.

  1. TARGET AUDIENCE

Stop Dry Eyes is aimed at the public from 18 years of age, especially the following recipients:

  • Women from 40 years
  • Men from 50 years
  1. INTERACTION WITH THE USER

Stop Dry Eyes allows you to provide follow-up reports so that the user can monitor the evolution of their disease and 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.

  • 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 Dry Eyes reserves all rights not expressly granted in the service or in its Terms and Conditions of Use. Stop Dry Eyes may terminate this license at any time and without justified cause.
  2. The App and/or the services may present advertisements from MONDENEL SLU or third parties through banners or pops up.
  3. Stop Dry Eyes is not responsible for the content of any type of third-party advertising, nor the content of any website or other materials that may be linked to advertising by third parties, the User being responsible for viewing them.
    • Obligations of Users
  1. You can only use the App and / or the Services if the requirements listed below are met.
  2. Access to Stop Dry Eyes and / or the Services, or parts thereof, may require the device to be connected to the Internet or need other third-party services.
  3. The User must comply with the terms of the corresponding third party when using 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.
    • The User agrees that he/she will not:
  1. Use or promote the use of any type of cheats, modifications, exploits or by other unauthorized means to interfere with, or obtain an undue advantage in its use, the App and/or the Services;
  2. Attempt to interrupt the normal operation of the App, or any other infrastructure operated by MONDENEL SLU;
  3. Attempt to gain unauthorized access to the App;
  4. Make any automated use of the App;
  5. Impersonate another person in the use of the App, or
  6. Use the App in connection with the violation or attempted violation of any applicable law.
  7. OPERATION
  • Scope.

Stop Dry Eyes can be used worldwide.

The use of the Stop Dry Eyes service requires the express consent of the User, as well as compliance with these conditions and the laws applicable to it.

  • Obtaining Stop Dry Eyes through digital stores:
  • Digital stores

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

  1. This document is concluded between the User and MONDENEL SLU only, and not with the digital stores, the company being solely responsible for the App and its content.
  2. Digital stores have no obligation to provide maintenance and support services in relation to the App, whether in these conditions and terms of use or other applicable law
  3. 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 them:
  4. Claim of responsibilities for the services offered in the App.
  5. Any claim in the event that the App does not comply with any legal or regulatory requirement, applicable.
  6. Claims related to consumer protection or similar legislation.
  7. In the event of any claim from third parties 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 said claim;
  8. Digital stores, and/or their subsidiaries will be third party beneficiaries of this document;
  9. Upon acceptance of this document, digital stores will have the right to enforce it as a third party beneficiary.
    • Download Stop Dry Eyes.

The User may obtain the App from the following digital stores.

  • Google Play
  • App Store

Obtaining the App is free.

  • Registry

The User may create a user profile identifying himself with name, e-mail address, date of birth, sex, degree of dryness, time of visit with the ophthalmologist, reminder of artificial tears posology.

In any case, in both cases, the provisions of section 12. SECURITY OF PRIVACY POLICY, as well as the code of conduct established in section 13. CODE OF CONDUCT, will apply to you.

  • Uninstallation

If the User wishes to unsubscribe from the App, he/she must uninstall it from his/her device.

This fact does not imply the automatic elimination of the information that Stop Dry Eyes has about the User, so if you want the elimination of the information available by the App you must formalize your request through a request addressed to the email sosojosecos@gmail.com or to the address CARRER ILURO, 1 2º2ª 08302 MATARO (BARCELONA).

  1. SUPPORT

In accordance with these Terms and Conditions of Use, MONDENEL SLU, 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, it is the User’s responsibility to update the App, through the functionalities provided by MONDENEL SLU through the digital store.

The User may be informed via Push notification about the updates that must be made in the App.

In the event that MONDENEL SLU, deactivates the App, the User would be informed by means of an electronic notification.

  1. THIRD PARTY SERVICES

Stop Dry Eyes may use third party services:

  1. To obtain the software and / or services (for example, for the creation of a certain component of the App)
  2. 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.

The use of third-party services may be subject to fees and additional Terms and Conditions of Use, and the User agrees that MONDENEL SLU is not responsible for the activities of said third parties, when these services process personal data for their own purposes.

The App does not obtain analysis data through providers that allow to understand the use and analyze the index of popularity of the App. In section 11. COOKIES RESERVE, the User has complete information about the analysis and the provider(s) used by the App.

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 the use of any content or services of third parties may be subject to separate Terms and Conditions of Use. Likewise, in the case of online behavioral advertising, which constitutes the collection and processing of personal data, among which may be the analysis of profiles, the latter will be responsible for the collection of data and must obtain prior consent, inviting the User to accept said treatment. In no case, Stop Dry Eyes is responsible for the action that third parties perform on the data obtained, whether the User has given his consent or not.

The App uses third parties located within the EU. MONDENEL SLU informs that this fact does not imply international data transfer.

  1. DURATION OF THE Stop Dry Eyes LICENSE

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

  1. Breach by the User of any of these Terms and Conditions of Use that is included in this document.
  2. Attempt to destroy the App or detection of malware or threat in that regard.
  3. At the request of the User himself through the act of uninstalling the App from his 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 eliminating the characteristics of the App, or to modify or stop offering the Services or any part thereof.

  1. GUARANTEE

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 stated otherwise in this document, and to the extent permitted by applicable law, MONDENEL SLU will not be liable to the User for any loss, including special, indirect or consequential damages (such as loss of profits), or claim, arising from the breach of this document or as a result of the defective use of the services offered by Stop Dry Eyes.

If you acquired the App through any digital store, in case of any failure, you should contact the digital store in which you acquired it, taking into account the Terms and Conditions of Use of the digital store itself.

  1. INTELLECTUAL PROPERTY

Access to this website does not grant the User any right 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. MONDENEL SLU 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 forms of intellectual property owned by MONDENEL SLU.

Any transmission, distribution, reproduction or storage, total or partial, carried out for profit or commercial purposes, of the stored content, as well as of the App, is expressly prohibited, unless prior and express consent of the owner of the rights.

You agree to indemnify MONDENEL SLU against all liabilities, costs, losses, claims and expenses that MONDENEL SLU may incur with a third party as a result of the breach of any of the provisions of this document.

For the purposes of preserving 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 on the web, they must notify said circumstance to MONDENEL SLU., by email to the address: sosojosecos@gmail.com, indicating:

  • Personal data of the interested party holder of the allegedly infringed rights. If the claim is presented by a third party other than the interested party, the representation with which it acts must be indicated
  • 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.

A Cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow an App, among other things, to store and retrieve information about the browsing habits of a User or their equipment and, depending on the information it contains and the way they use their equipment, they can be used to recognize the User.

According to the provisions of article 22.2 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSI-CE), by which Users must be informed about the use of data storage and recovery devices in terminal equipment, MONDENEL SLU informs that when accessing the App, cookies will not be installed on their devices.

  1. SECURITY OF PRIVACY POLICY

MONDENEL SLU undertakes to comply with the terms of its privacy policy in relation to the App and the Services, in compliance with what is mentioned in the following sections:

  • DATA PROTECTION

By virtue of the provisions of the e-Privacy Directive (Directive 2002/58/EC, amended by Directive 2009/136/EC, the terminals “The terminal equipment of Users of electronic communications networks, as well as any information stored on said equipment, form 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 current and applicable regulations on the Protection of Personal Data, we inform you that your data will be incorporated into the processing system owned by MONDENEL SLU, in order to comply with the purpose of these Terms and Conditions of Use of the App (2. PURPOSE OF Stop Ojos Secos).

Likewise, you are informed that the data will be kept for the duration of the relationship that binds you to Stop Ojos Secos, and once this is finished, it must be kept for the periods derived from the possible responsibilities to which MONDENEL SLU is subject.

Additionally, MONDENEL SLU informs that for the provision of the service, the processing of your health data (degree of dry eye and treatment of dry eye disease) will be necessary, because the recipients of the App are those established in section 3. RECIPIENTS of this document.

With this clause you are informed that your data will be communicated, if necessary, to: banks and savings banks, public administrations and all those entities with which communication is necessary, in order to comply with the purpose of these Terms and Conditions of Use.

Failure to provide the data to the aforementioned entities implies that the provision of services cannot be fulfilled.

In turn, we inform you that you can contact the Data Protection Delegate of MONDENEL SLU, by writing to the email address dpo.cliente@conversia.es or by calling 902877192.

MONDENEL SLU informs that it will process the data in a lawful, loyal, transparent, adequate, pertinent, limited, exact and updated manner. For this reason, MONDENEL SLU undertakes to adopt all reasonable measures so that these are suppressed or rectified without delay when they are inaccurate.

You may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition to the treatment of your personal data, as well as the consent given for the treatment thereof, by directing your request to the postal address or email address indicated above.

Likewise, personal data will be considered any information about an identified or identifiable natural person, understanding that the application of the regulations on Data Protection to the following subjects is excluded:

  • Legal entities.
  • Contact persons of the CONTRACTOR, when MONDENEL SLU, is limited to incorporating into its treatment systems, data related to their name and surname, functions and positions held, postal or electronic address, telephone and corporate fax.
  • Individual entrepreneurs, within the development of their professional activity.

You can contact the competent Control Authority to file the claim you deem appropriate.

Finally, MONDENEL SLU informs that with the acceptance of the Terms and Conditions of Use, the User grants explicit consent for the processing of personal data.

  • GEOLOCATION

Stop Ojos Secos requires access to the device’s location in order to enable the required bluetooth communication functions. This location is obtained both in the foreground and in the background, enabling the exchange of messages between Stop Ojos Secos and the hardware device. The data related to the location is not processed or collected in any way.

The Stop Ojos Secos application will report on the use of said system, and must expressly accept or reject it.

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.

  • APPLICATIONS THAT IT USES FROM THE DEVICE FOR ITS USE

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

  • CHILDREN

This App cannot be used by minors, it can only be used by the users detailed in point 3. RECIPIENTS.

  1. CODE OF CONDUCT

The User must comply with all applicable laws and respect the code of conduct established in this section, as well as take into account the liability regime.

MONDENEL SLU 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 him to MONDENEL SLU:

  • Act dishonestly or unprofessionally.
  • Publish inappropriate or inaccurate content.
  • Harass, abuse, threaten or harm another person or user – member of Stop Ojos Secos
  • 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 Stop Ojos Secos or if another method provided by Stop Ojos Secos has been established for the management of an exclusive service.
  • Share information of people who are not Users without their express consent.
  1. MODIFICATIONS

MONDENEL SLU reserves the right to modify, revise or replace these 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 limited by the terms of this document modified, revised or replaced, 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.

MONDENEL SLU 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, MONDENEL SLU will not be responsible for any delay or breach of its obligations, based on this document, if the delay or breach is due to circumstances of force majeure, including commercial disputes.

  1. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use will be governed by the current legislation of the Spanish territory. The parties submit, at their option and waiving any other jurisdiction, to the Courts and Tribunals of the User’s domicile for the resolution of conflicts and actions that may be exercised, derived from the provision of the service and the contents, as well as from the interpretation, application, compliance or breach of what is established here.