Terms and Conditions
IMPORTANT INFORMATION. READ THIS CONTRACT CAREFULLY. THE USAGE OF THIS PLATFORM AND ANY OF ITS FUNCTIONALITIES OR AVAILABLE SERVICES ACCESSIBLE THROUGH IT, IT'S LIMITED TO THE OBSERVANCE AND ACCEPTANCE OF THIS CONTRACT. YOU ACKNOWLEDGE AND ACCEPT THAT BY DOING CLICK ON THE "ACCEPT" BUTTON TO SEE THESE TERMS YOU ARE MAKING A LEGALLY BINDING CONTRACT. YOU ARE NOT ALLOWED TO USE SPHERA'S PLATFORM AND CORRELATED SERVICES WHILE YOU DO NOT ACCEPT THIS CONTRACT AND ANY RULES OR POLICY ESTABLISHED OR PUBLISHED BY SPHERA ON ITS WEB AT ANY TIME. TAKE UNDER CONSIDERATION THAT BY ACCEPTING THIS CONTRACT, YOU ARE ALSO ACCEPTING THE PROCESSING AND DISPOSAL OF YOUR MEDICAL DATA ACCORDING TO THE ESTABLISHED TERMS.
These Terms and Conditions have the aim of establishing the legal framework which settles the relationship between Sphera Investment Spain SL , society properly set up according to Spanish laws, with registered office at calle Corcega, nº 299, Atico 2ª, 08008 Barcelona (Spain) ("Sphera"), and the User which accesses the platform introducing its user name and password given by Sphera ("User"), to select the healthcare services that Sphera makes available through it ("eSphera Platform").
The User declares and assures that has the authority to make this contract in its mane or/and in the name of the entity which is representing, and that its register data are up-to-date, complete and correct. The User has the right to print or download to its computer one copy of this contract.
1.1. In virtue of this contract, Sphera awards the User with a free license, not transferable and not exclusive, to use the Platform with the only objective of accessing, managing and hiring the healthcare services offered by Sphera according to this contract.
1.2. The User recognizes Sphera's copyright and patent rights over the Platform. Mentioned rights cover the software, user manuals, any other data and support materials.
1.3. The User is not allowed to (a) reproduce, change, transform, adapt, give, sell, rent, distribute, transfer, cast or make any part of the Platform available to a third party (including documentation, screen shots or correlated prints), and to transfer any of its rights over this Platform in virtue of this contract; (b) make any reverse engineering, reverse compile, disassemble, or otherwise attempt to discover the source code of Platform's software.
1.4. The User recognizes that by this contract any copyright or patent rights over the Platform are not acquired.
1.5. The User acknowledges is not allowed to use in any way trademarks, logos, commercial names and distinctive signs property of Sphera without its previous written and expressed consent.
2. Medical files archive
2.1. The User has the right to store medical files on the Platform and to access them from anywhere.
2.2. In accordance with the established on the Organic Law 15/1999 of Personal Data Protection, the personal data provided by the User through the Platform or any other medium during the provision of services and/or during the pre-contract stage, including medical files, will be included in a file owned by Sphera. Mentioned file is properly registered on Spanish Agency for Data Protection (Agencia Española de Protección de Datos).
2.3. By accepting this contract, the User allows the processing of its health data accessed by Sphera during the provision of services either the ones provided by the User or by a third party.
2.4. For the correct provision of services, Sphera will request for the hand over of User's personal data to the insurance company as well as other companies or third parties hired by Sphera to provide complementary services, any other necessary service to do an appropriate follow-up (nursing services, personal assistance, etc.), transport on destination and translation services. The User allows the hand over of its data to Sphera's group companies, particularly the hand over of medical data to Meed Health, S.L. which provides diagnostic and medical second opinion services.
2.5. The User is informed that if the healthcare treatment is done in a country different than Spain the level of data protection might be distinct. The User allows the international hand over of its data to third parties or professionals mentioned in this clause, including medical data if needed. Nevertheless, personal data will be processed with the most absolute confidentiality and fulfilling requirements and security measures demanded by the regulations.
2.6. The User allows Sphera to make use of its data in order to send regular information about news and any other product or service offered by Sphera or by any other company belonging to its group.
2.7. If the User provides personal data from its relatives or from a third party, the User guarantees to have their consent to process their data according to the terms established on this clause.
2.8. On the same way, if the User provides personal data from people under 18 years old, the User guarantees to have their parents' or legal guardian consent.
2.9. The User may exercise its right to access, rectify, cancel and disagree with, sending an email to email@example.com or by writing to the following address: Calle Corcega, 299, Atico 2ª 08008 Barcelona (Spain).
3. Warranties and Liabilities
3.1. The User cannot inform or share with other person its user name or password to access the Platform. Unless proven otherwise, it will be assumed that any activity performed under the mentioned user name and password are responsibility of the holder of the account who will accept public and criminal responsibilities for what might result from its usage.
3.2. If the user suspects other person knows its log-in data must communicate it immediately to Sphera in order to receive a new password and change it personally on its profile.
3.3. Sphera guarantees the correct performance of the Platform. Notwithstanding, if the Platform has any error or failure, Sphera commits to make all the efforts to repair them. Sphera expressly states and the User declares to know that the Platform is delivered "as is" and Sphera will not provide any technical assistance or guarantees relating to it. Sphera denies any guarantee or declaration, either explicit or implicit, of quality certification or competence for a specific purpose. Sphera doesn't assure the absence of errors in the Platform. The User acknowledges that the current computer knowledge it's not enough to grant the total nonexistence of mistakes in a computer program, therefore will not be responsible for the loss of benefits, information and usage or for indirect damages whatever are the outcomes, either if the User have been or not informed about the possibility of those damages.
3.4. In any case, Sphera it's not responsible for the operating errors of the Platform or for the damages caused by the non-fulfillment of the User's liabilities like control the access to the Platform; avoid its manipulation by not authorized or unskilled people; prevent viruses and programs with defects installed in its computer or in the equipment used to access the Platform; access the Platform using programs in a good state, power supply system and any other measure of reasonable application.
3.5. Sphera compromises to do all the efforts to guarantee the access to the Platform and to keep User's information continuously available while this contract is in force. Nevertheless, Sphera will not take responsibility for the interruption of the access to the Platform for major reasons or beyond Sphera's control. The following items are considered beyond Sphera's control: User's operating system, modem, connection software, internet browsing software, virus, telephone network, wire, satellite and any other transport or telecommunications infrastructure.
3.6. Sphera may temporally suspend the access to the Platform for security reasons, maintenance or support, or to reorganize Sphera's computer resources in order to improve its services and its availability through Internet. In any case, Sphera will do all the efforts to minimize the effects of the mentioned interruptions. Sphera will not be responsible for any damage caused by these interruptions if the User has been informed at least 24 hours in advance.
3.7. The User acknowledges that the use of the Platform will be at its own risk and account. Sphera will not be bound by the erroneous expectations about the Platform's functionality. Sphera will not be responsible for direct or indirect damages which might result from Platform's use and for the loss of data or information correlated to its use.
3.8. The User exonerates Sphera for any responsibility for the content of the information provided to Sphera and that will be stored at Sphera's systems. The User is the only responsible for any complaint or legal action, judicial and extrajudicial, started by a third party against the User or against Sphera, based on the content of the mentioned information. The User will assume expenses, costs and compensations ascribed to Sphera as a result of those complaints or legal actions.
4. License expiry
4.1. The license awarded by this contract will expire for the reasons established on the Law and in particular, for the non-fulfillment by the User of the duties arose on this contract.
4.2. After the resolution or expiry of this contract for any reason, Sphera is allowed to immediately remove and delete all the User's information stored on the Platform.
Both parties are obliged to keep absolute confidentiality about the information and documentation provided mutually by both parties, except the ones which are essential to the provision of the services contracted by the User without prejudice to the established on the second clause regarding personal data processing.
6. Applicable Law and Jurisdiction
6.1. Both parties agree that this contract is commercial nature and will be ruled by the terms and conditions here arosed and by the Spanish laws.
6.2. For the resolution of any legal matter as a result of this Contract, both parties are submitted to the jurisdiction of Barcelona's Court and Judges (Juzgados y Tribunales de la ciudad de Barcelona).
7.1 Incorporation of Personal Data.
In accordance with the provisions of Organic Law 15 of 13 December 1999, on Personal Data (hereinafter, "LOPD"), users are notified that all the personal data provided by the user via the website https://esphera.spheraglobal.com, the Application, and during the use of the services provided via the website and the Application shall be included and processed in the files owned by Sphera Investment Spain S.L., a Spanish company with registered address at calle Corcega, 299, Atico 2ª 08008 Barcelona, registered in the Barcelona Mercantile Register, and holder of Fiscal Identification Number (C.I.F.) B65194003 (hereinafter, "Sphera").
This Policy shall apply only to the personal data collected by the website and the Application. The Services may contain links to other websites. Sphera shall not be liable for the privacy practices of these other websites. Sphera encourages users to be aware of the moment when they leave its website and to read the privacy statements of each external website that collects personal data.
7.3 Data collected.
Sphera collects and processes the data that users provide voluntarily via the website or the Application, in the formats of text, video, image or sound, for the purpose of evaluation of their state of health. It does not collect any data during the visit or while the user is browsing the website or the Application.
The automated collection and processing of personal data carried out by Sphera is for the purpose of managing, administering, providing, expanding and improving the Services provided in eSphera.
In particular, but without limiting the foregoing, we use your personal data for the following purposes:
(I) Management and control of compliance by the user with the General Terms and Conditions of eSphera.
(ii) Resolving suggestions or consultations regarding the website, the Application, or any other matter relating to the services provided via eSphera.
(iii) Managing the data of participants in the online chat.
(iv) Periodically sending, by electronic means, of commercial communications about products and services offered by Sphera which may be relevant to the user, related to the health sector, in accordance with the provisions of article 21 of the Law 34/2002, of July 11th, on the Services of the Information Society and Electronic commerce.
The users authorise Sphera to use the provided information in the system anonymously and for statistical and/or medical purposes only, and it may not be possible to identify the user.
7.6 Security and Confidentiality.
Sphera undertakes to take all necessary technical and organizational steps to ensure the security of the personal data and prevent their unauthorized modification, loss, processing or access.
Sphera guarantees the confidentiality of the personal data provided by the users and their automated processing in accordance with the LOPD and Royal Decree 1720 of 21 December 2007, which approves the Regulations on the Protection of Personal Data. Sphera shall provide users with the appropriate technical resources so that, before providing their personal data, they can access this notice on the Personal Data Protection Policy or any other relevant information and give their consent so that Sphera may carry out the automated processing of the users' personal data.
Sphera applies the principle of medical confidentiality to all data provided. The data transmitted between the users and the Sphera server is encrypted by means of Hypertext Transfer Protocol Secure (HTTPS) and cannot be accessed by third parties.
Sphera may update this Policy from time to time. We will publish any updates to this Policy on our Internet sites. All updates shall become effective immediately on publication.
7.9 Exercise of Rights. Users may exercise their rights of access by communicating in writing to Sphera Investment Spain S.L., a Spanish company with registered address at Calle Corcega 299, Atico 2ª 08008 Barcelona, or by sending an e-mail to firstname.lastname@example.org.