Legal advice

LEGAL NOTICE LABORATORIO ECHEVARNE S.A.

LEGAL NOTICE 

INFORMATION SOCIETY SERVICES ACT (LSSI)

 LABORATORIO ECHEVARNE S.A., which is responsible for the websites
LABORATORIO www.echevarne-shop.com and its app Lab. Echervarne, hereinafter referred to as the DATA CONTROLLER, provides users with this document by which it aims to fulfil the obligations set out in Act 34/2002, of July 11, on Services of the Information Society and Electronic Commerce (LSSICE), Official State Gazette No. 166, as well as inform all website and app users about the conditions of use.
Any person who accesses the above websites or the Lab. Echervarne app accepts the role of user, and undertakes to abide by and rigorously fulfil the provisions set forth herein, as well as any other legal provisions that may be applicable. 
LABORATORIO ECHEVARNE S.A reserves the right to modify any type of information that may appear on the websites or in the Lab. Echervarne app, and is not obliged to inform users or warn them beforehand of such obligations, as it is taken for granted that publication on LABORATORIO ECHEVARNE S.A. websites or in the app is sufficient.

1. Identifying Information

Name of the domains: www.echevarne.comwww.echevarne-shop.com; Lab. Echevarne app
Trade name: Laboratorio Echevarne
Company name: LABORATORIO ECHEVARNE S.A
Tax ID no.: A08829848
Registered address: calle Provença, 312, bajos - 08037 Barcelona
Telephone: 902 525 500
E-mail: info@echevarne.com

Registered in the (Mercantil/Public) Registry of Barcelona under Volume 5,526 Folio 164, Sheet n 63582 Entry 1

The Lab. Echevarne websites and app have been created by ECHEVARNE for information purposes and are intended to promote ECHEVARNE's activities and the services it provides.
Lab. Echevarne websites and app may also contain articles on health, medical, hospital, current affairs or other topics that ECHEVARNE may consider might be of interest to you; this content reflects the views of the authors, but not those of ECHEVARNE.
This Legal Notice regulates the access and use of the Lab. Echevarne websites or app that ECHEVARNE makes available to Internet users, although bear in mind that to access some services, you may have to accept particular conditions.
Upon using the Lab. Echevarne websites and the app, you become a User of them (hereinafter “the user”). Any use made of websites or services included in it will imply acceptance of the legal terms of this Legal Notice, so users should be aware of the importance of reading these legal terms each time you visit the Site.

2. Intellectual property

The contents and graphic elements that form part of the Site (images, sounds, texts, files, source code, logos, trademarks, design or any other) are the exclusive property of ECHEVARNE or of third party individuals or legal entities who have been authorised to use them and are subject to the protection provided for in the Spanish Intellectual and Industrial Property regulations.
The intellectual property rights of ECHEVARNE specialised collaborators who publish their articles or works on the websites shall belong to their authors. By sending these contributions to ECHEVARNE you will be freely assigning your rights for publication through our website.
Therefore, any distribution, transformation, public communication or any other use of the contents without the express written permission of ECHEVARNE's Communication Department is prohibited (except for private use). Access to the contents of this website does not transfer any rights to them.
ECHEVANE may provide you with access to other websites that we believe may be of interest to you. However, these pages do not belong to ECHEVANE, nor does it review their contents. Therefore, it cannot be held responsible for them, for the operation of the linked page or for any damage that may result from access or use of the same.
Links can only be created on the home page of the Site, and framing (illegal display of selected contents), deep-linking (concealment of the original web address), etc., which may mislead users as to the origin of the contents, are prohibited.
The use of links does not imply any relationship, collaboration or support with the entity. No links that fraudulently induce or attempt to establish any type of relationship with the entity are allowed.
Links from websites with slanderous, pornographic, racist, or xenophobic content, or other websites that give false information about the entity or any of its collaborators, are prohibited.

3. Use of the services

The User undertakes to use the services in accordance with the law, morality, good customs and public order, as well as with the provisions of this Legal Notice. Consequently, you are obliged not to use the services, for illicit purposes and/or contrary to the provisions of this legal notice, or in any way which could harm the rights and/or interests of third parties, or which could damage in any way the services of ECHEVARNE and/or its image or prevent the proper functioning or those services that are offered or that may be offered in the future.

4. Scope of the site. User responsibility

Users alone are responsible for accessing this site. Users alone will bear any risks arising from their use of the Site. ECHEVARNE does not guarantee: the infallibility, availability, continuity, absence of deficiencies and security of the Site; nor is it able to guarantee that the website content or the information that passes through it is free of viruses or other harmful elements; or the user's safe use of the Website.
ECHEVARNE shall not be liable for any damages that may arise from interference, omissions, interruptions, computer viruses, telephone breakdowns or disconnections in the operation of this electronic system, due to causes beyond the control of ECHEVARNE; for delays or blockages in the use of this electronic system, caused by deficiencies or overloads in its Data Processing Centre, telephone lines, the Internet system or other electronic systems; nor for damages that may be caused by third parties through illegitimate interference beyond the control of ECHEVARNE.
ECHEVARNE cannot bear any responsibility for the use or access made by users outside the scope to which the Site is directed, nor for the consequences that could be caused by the Site’s possible lack of usefulness, suitability or validity, its services or contents to satisfy users’ needs, activities or specific results or expectations, nor for the results that may result from the practical application of the opinions, recommendations or studies that may be accessed through the Site or associated microsites, for which the user will always have ultimate responsibility.
This website may contain general information regarding diseases or medical conditions and their treatment. Such information is provided for informational and educational purposes only, and should not be construed to be a recommendation or advice to patients and is not intended as a substitute for medical or other qualified healthcare professional advice or visits. You should not use the information contained in this website to diagnose a health problem or physical condition, as specialised training is required to correctly interpret such matters. If you have any questions or concerns, see a doctor or other healthcare professional.
Health decisions should be made by a healthcare professional, considering the patient's unique characteristics.
ECHEVARNE will not be held liable for the misuse of user passwords. The user is responsible for properly safeguarding the keys and passwords provided for access to “My Results”, preventing misuse or access by third parties.
By virtue of the foregoing, it is the User's obligation to immediately notify ECHEVARNE of any fact which could allow identifiers and/or passwords to be used improperly, such as theft, loss, or unauthorised access, so that they can be cancelled immediately. Until such facts are communicated, ECHEVARNE is exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorised third parties.

5. Contents

ECHEVARNE does not guarantee nor is it responsible for the consequences that may arise from errors in the associated contents that may appear on this Site provided by third parties.
The only documents which should be used for diagnosis or interpreting results, from all the results information displayed on the Web, are the individual results reports in PDF format. Graphs, comparative tables and other options for displaying results are provided as a simple complement to the individual results report in PDF format and should be interpreted as such. ECHEVARNE shall not be liable for any misinterpretations or biases due to failure to review such individual reports or possible misuse of the additional information.
ECHEVARNE reserves the right to prevent or prohibit access to the Site to any Internet user who adds any illegal or immoral content to the Site, and reserves the right to exercise the legal measures it deems appropriate to prevent this type of conduct.

6. Modifications and updates

ECHEVARNE reserves the right to carry out, at any time and without prior notice, modifications and updates of the information contained on the Website, the settings, availability and presentation of such information, as well as this legal notice. These changes will be published on the Website and in the App and will be effective from the moment of their publication.

7. Use of the Lab. Echevarne app

Users can use the Laboratorio Echevarne clinical area app to access all their results and analytical history at any time, and also to consult the network of centres and information of outstanding tests of the Laboratory.
It is free to access and download the app, except for the cost of connection through the telecommunications network of the access provider contracted by the users.
Once you download and use the app, you become a user of the app (hereinafter, the “User”), implying that you have read, understood and accepted all the terms and conditions contained in this Legal Notice.
The LAB. ECHEVARNE app. is not intended for children under the age of 14 and therefore ECHEVARNE will not collect personal information from Users under the age of fourteen (14). If you are under this age, you must refrain from providing us with any personal information. Users under 14 years of age must have the prior consent of their parents or legal guardians before proceeding to include their personal data. ECHEVARNE is exempt from any liability for failure to comply with this requirement.
ECHEVARNE stores your information for as long as necessary to provide the services to you. We may store the information for longer, but will not do in any way that tracks its origin. We delete information once we do not need it to provide our services.
Collection of technical and device information:
ECHEVARNE automatically collects certain information about your computer device, including:

  • Location
  • precise location (network-based and GPS)
  • Wi-Fi connection Information
  • receive data from the Internet
  • view network connections
  • full network access
  • run at startup
  • control vibration
  • prevent the device from going into sleep mode
  • read the Google services settings

The Lab. Echevarne app is available to all Users through computers, portable and mobile devices running Android 2.3.3 and above and iOS 8.0 or later operating systems. The software version of the application may be updated periodically to add support for new features and services.
ECHEVARNE may stop the use of the Lab. Echevarne app at any point, after having notified the user. Upon termination of such use, all rights and licenses granted to users shall also terminate and they shall cease to use the Application.
The services and/or contents of the Lab. Echevarne app are only provided for a limited period of time. Without prejudice to the foregoing, ECHEVARNE is entitled to unilaterally terminate, suspend or interrupt, at any time and without the need for prior notice, the app service and/or of any of the other services, without prejudice to the provisions of the corresponding specific conditions.

8. Rules for Use of Blog

ECHEVARNE thanks you for your interest in making use of our participation channels. Comments are a way for all users of this medium to give their input.
If you want to take part in our blogs, you will have to accept these rules:
1. User responsibility. By taking part in the website blogs, you alone are responsible for the messages you send through them, and ECHEVARNE will be held totally harmless for any claim that may arise for such concepts. 
If the messages contain material protected by intellectual or industrial property rights, the user guarantees that he or she is the owner or has the owner's permission to divulge it in the Blogs.
And ECHEVARNE is held harmless for any third party claims arising from such concepts.
2. Before publishing a message, the user must choose the appropriate blog. Messages that do not fit the blog's theme may be deleted. It is strictly forbidden to publish special offers and links to commercial offers, advertising, promotional material, chain letters or any direct or indirect promotional activity or any other type of comment that is not aligned with the normal blogs’ subject matter.
3. Users must respect all other users. User must be tolerant and respectful of other users’ messages and opinions. Messages that could be considered harmful to the rights of third parties or that could disrupt the peaceful use of blogs may be deleted.
4. ECHEVARNE reserves the right to reproduce, modify, or divulge the messages published on the blogs of the website in accordance with the terms and means appropriate without any compensation to the user.
5. ECHEVARNE is not responsible for what is published on the website blogs nor does it guarantee the veracity or accuracy of any information published on them. The user sending the messages or information is responsible for their content.
6. ECHEVARNE does not guarantee the availability or continuity of the website blogs service, and may modify, suspend or remove it from the website without prior notice at any time.
7. If a user were affected by illegal actions, or detects a misuse of the website blogs by other users, kindly inform ECHEVARNE by email info@echevarne.com, reference “blog moderation” so that ECHEVARNE can moderate or remove such content.
8. The user will hold ECHEVARNE harmless against any claim that may be made due to messages that the user has divulged on the blogs or any other conduct linked or derived from the use by the user of the blogs on the web.

9. Protection of personal data

ECHEVARNE is responsible for processing the User’s personal data, and hereby informs you that this data will be treated in accordance with the provisions of current regulations on data protection and in accordance with current regulations of the information society, so the following information is provided on the processing:


Purpose of processing: to manage the service requested by the users in the Clinical (Clinical Analysis, Clinical Studies and Pathological Anatomy), Veterinary and Industrial areas. The operations planned for processing are:

  • To process requests for information or any type of request made by the user through any of the forms of contact that are made available.
  • To access all users’ results and the analytical history of such users registered in the website/app.
  • To send advertising or promotional communications of our services provided that you have previously authorised it through the websites/app, by email, SMS, MMS, social communities or any other electronic or physical means, present or future, whereby commercial communications can be made. These communications will be performed by ECHEVARNE and concern its products and services.
  • Carry out statistical studies.
  • If you submit your CV to us electronically and/or via a web form, your data will be treated confidentially and for the sole purpose of processing your application. Data will be transmitted in encrypted form. If your data are modified at any point, please inform us in writing as soon as possible, in order to keep your data properly up to date. The curriculum vitae data provided will be kept for a period of one year, after which ECHEVARNE will destroy it all.


Legitimacy for the processing: The consent of the data subject or patient, or the legitimate or vital interest, or to fulfil legal obligations in accordance with the requirements established in Regulation (E.U.) 679/2016

Data storage criteria: Generally speaking, the data subject's data will only be kept for the time strictly necessary for the purpose for which they were collected.

The personal data provided, as well as those derived from the service provided, will be kept for the appropriate period of time (according to medical and legal criteria). After this minimum period has elapsed, and having terminated the assistance and contractual relationship, the data controller will keep his or her data duly blocked and pseudo-anonymised, during the term of the periods corresponding to the statute of limitations period, and will then destroy them all with the appropriate security measures.

The personal data provided for the purpose of handling any request for information, complaints, suggestions, claims, exercise of data protection rights, etc., will be kept for the time necessary to process the request, and invariably for the time legally established, as well as for the period necessary to make, exercise or defend claims.

Data processed to send advertising or promotional communications will be kept unless the data subject withdraws his/her consent and/or exercises his/her rights of opposition and/or deletion.

Data recipients: ECHEVARNE expressly informs and guarantees users that their personal data will not be transferred to third parties and that whenever it transfers any type of personal data, Users will first be requested to give their express, informed and unequivocal consent, except when there is a legal obligation or vital interest to transfer such data.

It may be necessary to provide the service and only the appropriate, relevant and limited data will be communicated for the given purpose (data minimisation principle) to the insurers and/or mutual insurance companies contracted by the data subject. If you refuse to convey the data to these entities, the latter may refuse the to pay for healthcare services, and you may have to pay for such services yourself.

International transfers: International data transfers will not be made to third countries outside the European Union or to countries that do not afford an adequate level of protection in accordance with current legislation.

Users’ rights:

  • The right to withdraw their consent at any time.
  • Right of access, rectification, portability and deletion of their data and the limitation or opposition to their processing.
  • The right to lodge a complaint with the supervisory authority (www.aepd.es) if they consider that the processing does not comply with the regulations in force.
  • You may revoke your consent to receive advertising communications at any time by sending your request to the following e-mail address info@echevarne.com.

 
Contact information to exercise your rights:

  • Postal address: C/Provença 312 Bajos 08037 Barcelona,
  • Email: info@echevarne.com
  • DPO officer: Protección de datos Datax, SL, Email : dpo@datax.es

 
By marking the corresponding boxes and enter data in the fields, marked with an asterisk (*) in the contact form or presented in download forms, users expressly and unequivocally accept, of their own free will, that their data are needed for the provider to deal with their request, and that it is optional for them to include data in the remaining fields. The User guarantees that the personal data provided to ECHEVARNE are true, and shall be responsible for notifying the latter of any changes to said data.
All data requested through the website are mandatory, as they are necessary for the provision of an optimal service to the User. If not all the data is provided, there is no guarantee that the information and services provided will be completely suited to your requirements.

10. Security Measures

ECHEVARNE fulfils current legislation on data protection, and states that the data are processed in a lawful, fair and transparent manner in relation to the data subject and appropriate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
User data query and requests for the Services through the Site are carried out through a secure server. The software of this server encrypts the information that the User enters before transmitting it to ECHEVARNE, guarantees that it has implemented appropriate technical and organisational policies to apply the security measures established by current legislation on data protection, in order to protect users’ rights and freedoms and has conveyed the appropriate information to them so that they can exercise such rights.

11. Applicable laws and jurisdiction

The laws of Spain will be applicable in the event of dispute or conflict of interpretation of the terms that make up this Legal Notice, as well as any matter related to the services of this website.