TERMS AND CONDITIONS
Dear user, the version of MED in Me you are using is a beta version, under review and validation to improve your experience and allow full development of all our services.
1. GENERAL CONDITIONS AND LEGAL NOTICE
Dear User, we provide through this document general information required by Law 34/2002 of July 11, Services of Information Society and Electronic Commerce and other applicable regulations.
1.1. Identification data
www.medinme.com (hereinafter “the web”) is owned by MED in Me srls, with business address in P.zza Conteduca 11, 76121 Barletta, Italy and email address email@example.com ( ” MED in Me “,” we “or” our “).
1.2. Services and access to the website
MED in Me aims to provide an online health platform to store your medical records and have them available when needed,
because you want to use the information you have stored on the platform, and share it with whomever you want.
in order to help prevention or medical diagnosis, the provision of care or treatment or the management of health services, provided that such data processing is performed by a health professional subject to professional secrecy or by persons subject to equivalent obligation of secrecy;
or for health care or care of a vital interest of yours, assuming that you are physically or legally unable to give consent, but you have one of our devices active and link to your emergency profile.
In addition, MED in Me also offers devices to link to user’s profile through QR code, key and password, for sale online. All material published and offered for purchase on the web is part of the business of MED in Me.
The website and the Services are designed so you can make an online purchase of our products and manage your profile through www.medinme.com .You can access the site directly through any of the browsers available on the Internet, by entering our domain name, but access by robots, spiders, offline readers, search applications or automatic recovery or other automatic devices are not allowed; or through tools, recovery processes, indexing, or data collection via our Web site, scraping, spidering or any other automated manner. As an exception, revocable at any time by us, search engines can use spiders to copy materials from the Web for the sole purpose and only where necessary to create search indexes for public access, but not caches or archives of it.
1.3. INTELLECTUAL AND INDUSTRIAL PROPERTY
This web and all its contents, including text, images, graphics and source code are protected by intellectual and industrial property. All intellectual property rights, (including but not limited to, trademarks, trade names and other distinctive signs, domain names, digital identity on social networks and other media, patents and industrial designs), on any of the elements of the web (including its graphics, design, text, software, especially source code, applications, scripts, and databases) and services (including content services, tools, MED in Me systems, products offered via the web or MED in Me’s applications and applications developed by MED in Me), are owned by MED in Me or its licensors (hereinafter the “Elements Protected”).
All rights are reserved and protected by law. Therefore, copying, reproduction, distribution, public communication, transformation, and any other act or form of exploitation not expressly authorized in writing by MED in Me that violates these rights is prohibited. Therefore, In no way may protected items be sold, rented, resold, licensed, sublicensed, used in the creation of derivative or exploited without the prior written consent of MED in Me or its licensors works.
The actions permitted by applicable laws regarding protected items will always be made in respect to the norm mentioned and the rights of MED in Me, and thus properly maintaining the attribution of authorship and the inclusion of relevant captions and copyright notices. The use of trademarks, commercial names and other distinctive signs of MED in Me is subject to express authorization in writing. If you want to use them, please send an email to the address: firstname.lastname@example.org
1.4. Rules for the use of the web
As MED in Me user, you agree to make use of the Web according to the following rules:
You will not post commercial communications through the web.
You will not collect content or information from other users.
You will not upload viruses or malware of any kind (including Trojans, worms, logic bombs or any other program or technologically harmful material), or any element that may be technically harmful to the service or to interrupt, interfere, corrupt or cause any other loss, damage or limit the functionality of MED in Me’s software or computer equipment.
You will not solicit login information or will access an account belonging to another user.
You will not bother, intimidate or harass any user.
You will not engage in unlawful, misleading, malicious, or discriminatory behavior on the web, according to these conditions and the Spanish legal system.
You will not upload pornographic, violent, deceitful, offensive, abusive, hostile, incitement to hatred, libelous or slanderous material or that infringes or may infringe rights of third physical and / or legal persons.
You will not try to undermine our security or the security of our networks.
You will not do anything that could endanger the security of your account, especially regarding your password. You will communicate any incident related to your password, account, violation of the confidentiality of your data, danger or threat detected in the safety of your data.
Breach of this clause may entail legal offenses defined by applicable regulations. MED in Me will report any breach of those rules to the authorities and cooperate with them to discover the identity of the attacker. Also, in case of breach of this clause, you will be immediately unauthorized to use this web.
1.5. Service Availability
Although we try to maintain uninterrupted access to the web, in order to lend the best possible service, we may terminate your access to all or part of the web at any time without notice for technical reasons, security, control, maintenance by power failure or any other cause. We will try to restore access as soon as possible, although we cannot guarantee the availability or continuity of the web or the Services. Likewise, we can proceed to the interruption of our services or removal of contents by order of the competent bodies as indicated by current regulations, these Terms and Conditions or as required by the needs of the Service.
We will not be responsible in case of interruptions of the Services, delays, errors, malfunctions and any other problems that originate from causes beyond our control. We cannot guarantee that, despite our security measures and control the services are totally free of viruses or malicious developments that can have harmful effects on any kind of technology.
MED in Me is not responsible in any circumstances for damages of any kind which may cause the lack of availability of the portal, transmission of virus or malware in the Services and content programs, denial-of-service attack or distributed service, or any other software or technologically damaging or harmful material, despite having taken all the technological measures to prevent it; or misuse that is made of the site and the Services, downloading contents or redirections is exclusive responsibility of the user.
We will do everything reasonably in our power to correct any errors or omissions as soon as we possibly can, once we have detected or it has notified to us.
Our web and services may contain links to external websites and resources provided by third parties. The presence of links on our web or services is for informational purposes only and in no way a suggestion, invitation or recommendation thereof or imply any association, merger or partnership with the entities connected. MED in Me does not exercise any control over such sites and content and does not assume any responsibility for the information contained in them (or for any damages arising from its use).
1.7. Exchange or dissemination of information
MED in Me declines all responsibility for the opinions expressed by users through our web or the exchange of information between users through it; as well as expressed through social media and other networks that are not made through our official profile; the responsibility of statements published belongs to the person who made them.
We will send, in accordance with applicable regulations, most of our communications in writing. As a user of this web and the services, you agree that most of these communications are electronic, through direct contact by email or by posting notices on this web. For contractual effects, you agree to this means of communication and acknowledge that all contracts, notices, information and other communications that are sent to you electronically comply with the legal requirements to be written effects. This condition does not affect your statutory rights.
Under the provisions of these Terms and Conditions and unless indicate otherwise we will, send communications either by e-mail or to the postal address you provide to us through the profile or when placing an order. It will be understood that the notifications have been received and have been properly made at the moment when posted on our web, 24 hours after an email, or three days after the date of posting of any letter. To prove that the notification has been made, it is sufficient to prove, in the case of a letter, which had the right direction, it was properly sealed and was duly given at the post office or in a mailbox, in the case of e-mail, that it was sent to the email address specified by the receiver.
You can send comments, suggestions and complaints to email: email@example.com or mailing address listed in “identifying information” of this document, placing in the matter the object of your notification. Apply the same criteria in the previous section regarding the receipt and proper delivery of the notification.
In addition, we have official complaint forms available to consumers and users. You can request them via e-mail: firstname.lastname@example.org Your complaints to our customer service will be handled as soon as possible and in any event within the legally established time. They will also be recorded with an identification key that will be in your knowledge and allow you to track them.
1.9. Force Majeure
We will not be responsible for any failure or delay in performance of any of the obligations assumed, when is due to events outside of our reasonable ( “Force Majeure”) control.
Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and among others, the following:
Strikes, lockouts or other industrial action.
Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
Inability to use public or private telecommunication systems.
Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations will be suspended during the period the Force Majeure Event continues, and we will have an extension in the deadline to fulfill those obligations for a period of time equal to the duration of the Force Majeure. We will use reasonable means to end the Force Majeure or to find a solution that allows us to fulfill our obligations despite the Force Majeure.
MED in Me respects and guarantees the implementation and provision of service provided, respect the guarantees, rules and procedures provided in the legislation to protect the rights to personal and family privacy, protection of personal data, freedom of expression and freedom of information; as they could be affected.
As an application of services related to health care, MED in Me maintains a particularly comprehensive policy on the protection of personal data that users enter through their profile, treating information in accordance with the purposes of our service and trying to ensure security in any case, always complying with all regulatory requirements in this regard.
The lack of requirement from our part to assume your strict obligations under these Terms and Conditions or the rights or actions that could correspond to us under the compliance of this agreement shall not constitute any waiver or limitation in respect with those rights or remedies and shall not relieve you from compliance with such obligations.
Any waiver or renounce by us to any right or concrete action does not constitute a waiver to other rights or actions arising from these Terms and Conditions. Any waiver or renounce by us to any of these Terms and Conditions or the rights or actions derived therefrom shall not become effective, unless expressly stated to be a waiver or renounce and it is formalized and communicate to you in writing, in accordance with the provisions Notifications in the section above.
If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in effect without being affected by the declaration of nullity.
1.13. Entire Agreement
1.14. Applicable law, settlement of contentious issues and jurisdiction
The use of the web and MED in Me services shall be governed by Spanish law.
The terminology used in these terms and conditions correspond to those indicated in the Law 15/1999 of 13 December, Protection of Personal Data and other applicable regulations.
Any dispute arising out of or relating to the use of the web, will be submitted to the non – exclusive jurisdiction of the Courts of the municipality where MED in Me registered office is located, unless the rules or the code of conduct set a different forum.
2. CONDITIONS FOR REGISTRATION, USE OF USER ACCOUNT AND ONLINE PROFILE
2.1. Content of the profile
MED in Me provides a platform through which, after the corresponding registration and access, you can create a personal profile with three sections (hereinafter, the “User Content”):
First aid information: the information you add here is public. It will be accessible both through the QR code that is automatically generated by profile creation and by anyone with a QR code reader and access to your emergency device; It’s to be used predictably in cases of emergency, that is, for health care or attention of the vital interests of the owner of the profile in the event that the subject is physically or legally incapable of giving consent but has one of our devices active and link to the emergency profile. Keep in mind the data you add here will be visible in any case, so you should not include information that you do not want to be visible.
Emergency profile: the information you add here is accessible via the id and pin contained in our devices when linked and activated; the pin is requested to the person after the QR code has been scanned and first aid information has been displayed. It’s intended for access in case of emergency or health care, where necessary for the prevention or the medical diagnosis, the provision of care or treatment, or the management of health services, provided that such data processing is performed by a health professional or a person subject to equivalent obligation of secrecy. It can also be used for the purposes of care or attention of the vital interests of the owner of the profile in the event that the subject is physically or legally incapable of giving consent, but has one of our devices active and link to their emergency information. When creating or updating information on your profile, you can decide which information will be visible and which will not, by marking the appropriate check-box in which you are asked about the visibility of information.
Private health information: This section contains the information you choose to include for your own personal consultation or a health professional you decide to share your information with. Only you will be able to provide access to such information, which is protected by the password you set to access your account.
Within these sections you can enter a series of data:
Contact and identification information: Name, Last Name, E-mail, Photo, Contact, etc.
Clinical information: Blood Type, allergies, medication, etc… to complete your medical history.
Biometric information: height, age, weight, etc.
The visibility of data on your profile depends on the section you decide to enter the information in, (first aid information section, emergency profile section or private information section), depending on the characteristics indicated in each. Thus, you manage the contents of your private and public profile, selecting in each case the information to be included, its visibility, and who can access. You can revoke access any time you like.
Access to information will be done in MED in Me’s web or by having one of the devices active and linked to your emergency profile.
2.2. Public Nature of the Profile
As a user, you declare to know, be aware and warrant that the User Content that you upload on first aid information section and emergency profile section (hereinafter, the “public profile sections”) are public; ie, they may be visible by any third party that can read a QR code or get access to the id and pin contained in the devices active and linked to your profile.
Therefore, please do not include in these sections information you do not want to be publicly known. MED in Me is not responsible for the consequences arising from the inclusion of certain information in your profile or other information you disclose through these sections regarding the User Content. Despite the protection QR, Pin and ID, the information you enter on public profile sections is considered public.
Instead, the information you enter in configuration space account (in the private health information section) is confidential, access will be limited to yourself as a user and the people whom you choose to share your data with.
2.3. Responsibility for the content and use of MED in Me
By using this web, register and create your personal profile, you agree to:
ii) Enter true and accurate data about you and the people that you have enough legal representation or permission to create their profile and update them periodically. Remember that the data you enter, for your own health and safety, must be accurate and updated so that they respond truthfully to the real situation of the person concerned, for your own vital interest and that of the owners of the profiles.
iii) Include valid email accounts to create the profile and access to services. Otherwise you can not access them.
In addition, you represent and warrant by sharing User Content that you are the owner of the content, you have legal rights and you do not breach any third party rights, and that, if acting on behalf of the owner you have express consent to upload or update their User Content. MED in Me has no control over any Profile or User Content, or assume any responsibility for the information provided in the profiles, or for loss or damage caused by the User Content.
We recommend you incorporate sufficient and adequate information to ensure appropriate care for the patient in case of emergency.
Please note that, due to the characteristics of the service we provide, if you do not provide the necessary data for the service, we will no be able to provide the functionality intended. Furthermore, by the very nature of our service, uploading or entering inaccurate or imprecise information on a profile will affect the functionality of the service and will result in incorrect health and first aid services, posing a vital risk to your health and the health of the owners of the profile and it will constitute a civil and /or criminal offense, apart from a breach of theses Terms and Conditions.
Therefore, we recommend you to inform us immediately if you know of any false and / or inaccurate profile as provided in clause 1.4. of these Terms and Conditions.
Access to User Content embedded in MED in Me’s profile is limited by the user and password; ID, Pin and QR code, provided the latter for access to certain information in cases of medical emergency and urgent health care.
Therefore, access is provided only to the owner of the profile, people authorized to have access to the information, health professionals who have to perform emergency treatments or third parties legitimately authorized under the provisions of current regulations. There is, in accordance with the aforementioned regulation (Law 15/1999 and 41/2002), an obligation to keep medical secrecy of all User Content; confidential information which can not be transferred to other users or used for any other purpose which allow the identification of the users.
The aforementioned confidential information may be used for statistical, analytical and service improvement purposes anonymously. MED in Me staff cannot access the confidential information in aggregate form; it is being protected by the user’s encrypted password preventing unauthorized access to profiles.
2.5. Termination of Service
As a user, you can restrict access to information through each of the sections that make up the content profile in section 2.1 by unchecking the appropriate box for each data input and deleting information that you do not want to be stored in the system.
Similarly, by disabling the device linked to your emergency profile, the QR code, ID and PIN associated with it will be disconnected, and will no longer redirect to the information you have stored in your profile.