1.- DUTY OF GENERAL INFORMATION
SKIANA®, is an application available to the general public interested in care in the field of health and wellness, whose objectives would be:
- Promote healthy lifestyle habits.
- Evaluate the health conditions of the skin from the facial analysis.
- Generate a skin status report easily interpretable by the end User with the aim of showing those aspects that can be improved.
- Generate, from the facial information obtained and from the information gathered through the interests of each User, a series of recommendations on health habits and products placed within the cosmetic sector. The App will only make recommendations based on a series of predefined cosmetic and medical criteria based on clinical practice.
However, NEW HORIZONS 81 S.L. is not responsible for any degree of dissatisfaction arising from any of the cosmetic and wellness products, this responsibility falling on the manufacturer or distributor of the product.
- Help improve safety in the use of cosmetic products, recommending to the User those products with the highest probability of tolerance and satisfaction. NEW HORIZONS 81 S.L., however, is not responsible for any adverse event arising from any of the cosmetic and wellness products, this responsibility falling on the manufacturer or distributor of the product.
- Facilitate the acquisition of the recommended products within the best economic conditions in order to facilitate the care of the User.
- The App will be a non-medical supplement within the scope of the Health and Wellness sector. For this reason, prescription products will never be recommended, and no diagnosis will be made, a task reserved for medical professionals.
The owner of SKIANA® is NEW HORIZONS 81 S.L., holder of the Tax number B98814106, with registered office at calle Luis Santangel 22-9, 46005-Valencia (Spain) and registered in the Commercial Registry of VALENCIA al Volume 10.113, Page 49, Sheet V170445.
2.- CONDITIONS OF USE
Any person who accesses, browses, uses or participates in the services and activities, free or onerous, developed through the App, assumes the condition of User, and as such, through said access, agrees to the observance and rigorous compliance with the provisions hereby, as well as any other legal provision that may be applicable, thus forcing you to make correct use of the App. The User will be held liable before NEW HORIZONS 81 S.L. or any third parties, for any damages that may be caused as a consequence of the breach of said obligation.
Access and use of the App for the User is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.
NEW HORIZONS 81 S.L. reserves the right to unilaterally make the modifications it deems pertinent in the App, being able to change, delete or add both the content and the services provided through it, without there being an obligation to notify or inform of the Users said modifications, being understood as sufficient with the publication in the App.
By continuing to use the App after such modifications, you agree to follow and be subject to these terms and conditions as they are modified. For these reasons, we recommend that you review them periodically.
The App is available only to Users who are at least 14 years old. Under no circumstances should the App be used by children under the age of 14, and we will not collect personal information from anyone we know belongs to this age group.
If the User discovers that their child has been using the App without their consent, or that someone has been using the App for their child or on their behalf without their consent, they must contact us using the means of notices set out in these conditions of use and we will take reasonable steps to remove child information from our active databases. The User cannot provide access to or use the App, its services or its content for the benefit of third parties or make commercial use of the App, its services or related content, but can use the App for personal use subject to these conditions of use.
The use and access to the App is void where forbidden. By accessing and using the App, the User will ensure that (a) all the registration information they submit is reliable, truthful and accurate; (b) maintains the fidelity of said information; (c) the use of the App will comply and will not violate any applicable law, regulation, order or rule and (d) agrees to receive messages and promotional material that offers purchases of third-party products.
NEW HORIZONS 81 S.L. provides free and open access to a large amount of information, services and data (hereinafter “the contents”), whose property belongs to NEW HORIZONS 81 S.L. or its licensors to which the User may have access.
The User assumes responsibility for the proper use of the App in accordance with the Law and these conditions, responsibility that extends to the registration necessary to access certain services and contents provided. Said registration involves the completion of the corresponding form, in which the User guarantees the authenticity and validity of all the data that User provides and undertakes not to provide false, fraudulent or unlawful information or documentation.
The User is entirely responsible for the access and correct use of the App subject to the legislation in force in Spain, as well as to the principles of good faith, morality and public order, and with the commitment to diligently observe any instructions that, in relation to said use and access, it could be provided by NEW HORIZONS 81 S.L..
The User is obliged to make reasonable use of the App and its contents, according to the possibilities and purposes for which it is designed. The User is solely responsible for the information, opinions, allusions or content of any kind that can be communicated through the App.
As a result of the registration, the creation of a password may arise, which the User must diligently and confidentially keep. The User will be solely responsible for the false or inaccurate statements made and the damages caused to NEW HORIZONS 81 S.L. or to third parties for the information provided.
The User expressly agrees to make appropriate use of the contents and services that SKIANA® offers, in accordance with the provisions of the law, morality, public order and these conditions and, by way of example, but not limitation, not to use them to:
- Disseminate criminal, violent, pornographic, racist, xenophobic, offensive content, in support of terrorism, that violates human rights or, in general, contrary to law or public order.
- Disseminate or publish falsehoods or misrepresentations, including with respect to any medical or health information.
- Intentionally introduce computer viruses or carry out actions that may alter, damage, interrupt or generate errors or damage to the physical and logical systems of NEW HORIZONS 81 S.L., creator of the App, or third parties; as well as hinder the access of other Users to the App and its services through the massive consumption of computer resources through which NEW HORIZONS 81 S.L. provides the services.
- Try to access the email accounts of other Users or restricted areas of NEW HORIZONS 81 S.L. or third parties and, where appropriate, extract information.
- Violate intellectual or industrial property rights, as well as disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and legislation on the protection of personal data.
- Impersonate the identity of another User, public administrations or a third party, using their registration keys to the various services and / or contents of the App.
- Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless you have the authorization of the owner of the corresponding use rights or it is legally permitted.
- Collect data for advertising purposes and send advertising of any kind and communications for sale or other commercial purposes without prior request or consent.
If the User sends us information through the App or is related to it, or if he sends us commercial information, comments, ideas, concepts or inventions by email, he will ensure that said information is not confidential and that he has all the permissions necessary to send or make such information available.
The User agrees not to interfere or attempt to interfere with the proper functioning of the App or interrupt operations or breach the security of the App. Violations of the operation or the security of the App or the network may give rise to civil or criminal liability. We will investigate possible cases of such infractions, and we can involve and cooperate with law enforcement authorities in the prosecution of anyone involved in such infractions.
NEW HORIZONS 81 S.L. does not guarantee that your App complies, in whole or in part, with the laws of other countries. Therefore, if the User resides or is domiciled in any other place than Spain, and decides to access, download and/or use the App, they will do so at their own risk and responsibility, and must ensure that such access, download, use and / or navigation complies with the local legislation applicable in your case.
NEW HORIZONS 81 S.L. is not responsible for any damage or loss arising from an interruption of the services provided by the App, viruses or any other technologically harmful program or material that may affect your equipment, data or materials as a result of the use of this App or of downloading content from this or to which it redirects.
All notifications and communications between Users and NEW HORIZONS 81 S.L. will be considered effective, for all purposes, when they are made through postal mail, email or telephone communication.
Users should contact NEW HORIZONS 81 S.L. through:
a) Shipping by post to the following address: / Luis Santangel nº 22, puerta 9. CP: 46005, Valencia (Spain)
b) Communication by phone call to the phone number: +34 636 49 63 15
c) Sending by email to the following address: firstname.lastname@example.org
By using this App, the User implicitly accepts that most of the communications will be made electronically. For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all communication sent to him electronically complies with legal requirements.
User access to the App requires prior registration, assigning a username and password.
The User is responsible for the safekeeping of the password that he/she uses to access the App and for any activity or act that is carried out with his/her passwords, being expressly prohibited from communicating it to any third party or that the passwords are shared by several people at once. The passwords will be personal and non-transferable and the transfer, even temporary, to third parties is not allowed. In this sense, the Users undertake to make diligent use and to keep the password secret.
We recommend that you protect your account with a password that is difficult to crack (an alphanumeric password, containing combinations of upper- and lower-case letters, numbers and symbols) and that you change it periodically.
It is the responsibility of the User to communicate, as soon as possible, any loss or theft of his credentials of which he may have knowledge. NEW HORIZONS 81 S.L. shall not be liable for any loss or damage resulting from failure to comply with the recommendations on credentials.
For these purposes, the User agrees with NEW HORIZONS 81 S.L. that the standard authentication system of the App is a reliable means of identifying Users for the purposes of the provisions of article 3.10 of the Electronic Signature Law and that, therefore, all actions carried out through said credentials will be attributable to Users.
Users of the App provide their real names and information, and should remain so at all times. Among other commitments in relation to account registration and security, Users agree to the following:
- Do not provide false or inaccurate personal information, or create an account for other people without your express written authorization.
- Do not create more than one personal account.
- Do not create a new account without authorization from NEW HORIZONS 81 S.L. in case of disabling of the original account.
- Keep personal and contact information accurate and up-to-date.
- Provide NEW HORIZONS 81 S.L. any information or documentation that its requested in order to verify that he/she is providing real and truthful data and information. If he/she does not provide such documentation, NEW HORIZONS 81 S.L. can deactivate or delete the account.
- NEW HORIZONS 81 S.L. will have the right to delete username or user ID in justified cases.
Each User will be liable for the expenses and damages caused by the use of the services by any third party that uses their password for this purpose due to a non-diligent use or the loss of these by the User.
2.6 Technology Support
NEW HORIZONS 81 S.L. does not guarantee that the App will work with your mobile device or that it is compatible with the hardware or software of any particular device. The information will be transmitted through a means that will be outside the control and jurisdiction of NEW HORIZONS 81 S.L.. Multiple factors, including network availability, can affect the delivery of alerts or notifications or otherwise interfere with the operation of the App and the services it provides.
Without limiting the foregoing, NEW HORIZONS 81 S.L., its licensors and its suppliers do not grant representations or guarantees on (i) the availability, accurateness, reliability, integrity, quality, performance, suitability or punctuality of the service, content, including software, text, graphics, links or communications provided through the use of the App; or (ii) the satisfaction of any government regulation that requires the disclosure of product information or the approval or compliance of any software tool with respect to the service.
NEW HORIZONS 81 S.L. have no obligation to provide technical assistance or maintenance for the Service and / or the App.
Although it takes reasonable measures to keep the services and the App free of viruses, worms, Trojans or other code that contains destructive properties, NEW HORIZONS 81 S.L. does not guarantee that the files available for download through the App and/or its services are free from such contamination.
The information provided by the App is for informational purposes only, without fully guaranteeing access to all content, nor its accuracy, completeness, correctness, validity or topicality, nor its suitability or usefulness for a specific purpose, since it does not come to replace the prescription work and medical diagnoses reserved for health professionals. The use of the App is at the user’s own risk and expense.
NEW HORIZONS 81 S.L. is not responsible, under any circumstances, for damages of any kind derived from, by way of example:
- Errors or omissions in the contents: NEW HORIZONS 81 S.L. does not guarantee that the contents will be permanently updated, nor that they will be free of any type of error.
- Absence of availability of the App: NEW HORIZONS 81 S.L. is not responsible for any damages or losses generated in the User as a result of failures or disconnections in the telecommunications networks that involve the suspension, cancellation or interruption of the App service, since the operation of these networks depends on third parties.
- Presence of viruses or malicious or harmful programs in the contents: that may alter the computer systems, electronic documents or data of the Users, despite having adopted all the necessary technological measures to prevent it. It corresponds to the User, in any case, to be provided with adequate tools that protect him against harmful computer programs.
The App does not provide any type of medical advice, diagnosis or prescription. NEW HORIZONS 81 S.L. will not be responsible for any content that is provided by third parties and/or any other user of the App. Any action that the User takes based on content, notifications and otherwise provided by the App are taken at their own risk and expense, being the User responsible for his/her actions.
The User is solely responsible for the information related to his health and the personal data stored in the App. The User assumes all the risks associated with the information related to his health, including confidence in its quality, precision or reliability. The User may be liable if, for example, their health-related information contains material that is false, intentionally misleading or defamatory; violates the rights of third parties; or contains material that is illegal or violates the law, morals or public order.
The User is solely responsible for the transmission of information and personal data related to health through the App. Therefore, he undertakes to comply with all applicable security measures and obligations, excluding NEW HORIZONS 81 S.L. of any responsibility regarding said data.
It is forbidden to publish or disseminate information, photographs and any other type of content that, obviously by NEW HORIZONS 81 S.L.’s discretion, violates the law, morals, public order or good manners.
NEW HORIZONS 81 S.L. reserves the right to cancel a User’s account and all related data if it detects or evaluates something illegal, contrary to morality or public order, or that is harmful to the image and/or content of the App and of * ** SL or its products or services, or the products or services of third parties, as well as offensive content that may incite, promote or advertise illegal or defamatory activities, pornographic content, violent or discriminatory attitudes or promote discrimination based on race or ethnicity, gender, affiliation, creed or sexual orientation.
NEW HORIZONS 81 S.L. can modify or suspend, temporarily or permanently, any feature or component of the services of the App at any time without prior notice, so the User agrees that NEW HORIZONS 81 S.L. will not be responsible to the User or to any third party for any modification, suspension or interruption of any feature or component of the App Services.
NEW HORIZONS 81 S.L. cannot assume any responsibility for the content that may appear on third-party pages, nor does it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of said links or hyperlinks. Likewise, the inclusion of these external connections to third party websites does not imply any type of association, merger or participation with the connected entities.
3.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All the contents of the App, among others, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual content, as well as its graphic design and source codes, constitute a work owned by NEW HORIZONS 81 S.L. , without any of the use rights on them being understood to be assigned to the User beyond what is strictly necessary for the correct use of the App, and regardless of whether or not they are subject to intellectual property.
Likewise, all the brands, trade names or distinctive signs of any kind that appear in the App are the property of NEW HORIZONS 81 S.L. or its Licensors, without it being understood that the use or access to it attributes to the User any right over them.
The third-party holders of intellectual and industrial property rights over photographs, logos, and any other symbols or content included in the App have granted the corresponding authorizations for their reproduction, distribution and making available to the public.
The User acknowledges that the reproduction, modification, distribution, commercialization, decompilation, disassembly, use of reverse engineering techniques or any other means to obtain the source code, transformation or publication of any result of tests of unauthorized references of any of the elements and utilities integrated within the development constitute an infringement of the intellectual property rights of NEW HORIZONS 81 S.L., forcing itself, consequently, not to carry out any of the actions mentioned.
- lend, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App;
- use the App for any commercial purpose or for any commercial or non-commercial public exhibition;
- bypass, disable or otherwise interfere with the features of the App related to security or with features that prevent or restrict the use or copying of any content;
- remove any copyright or other proprietary notices from the App, its documentation, part of the App;
- remove any copyright or other proprietary notices from the App, its documentation, part of the App;
- transfer the content or materials of the App to another person;
- circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict the use or copying of any content;
- use any robot, spider, site search or recovery service, or any other device or manual or automatic process to retrieve, index, mine data, or in any way reproduce or bypass the navigation structure or the presentation of the App;
- collect, collect or extract information about other Users of the Service;
- post or transmit viruses, worms, Trojans or other harmful elements.
If the User violates any of these restrictions, this license will automatically end, and may be subject to the exercise of civil and criminal actions.
The total or partial reproduction, exploitation, distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorized by the owner of the use rights is prohibited. Any use not previously authorized is considered a serious breach of the author’s intellectual or industrial property rights.
To make any type of observation regarding possible breaches of intellectual or industrial property rights, as well as any of the contents of the App, the User must notify said circumstance to NEW HORIZONS 81 S.L., attaching the relevant information.
In any case, NEW HORIZONS 81 S.L. assumes no responsibility for the intellectual or industrial property rights owned by third parties that are infringed by a third party or by the User.
The legitimacy of the intellectual or industrial property rights corresponding to the content provided by the Users is their sole responsibility.
NEW HORIZONS 81 S.L. adopts the necessary measures to guarantee the security, integrity and confidentiality of the data 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 the same, and in matters not provided for by the Organic Law 3/2018 of December 5, Protection of Personal Data and guarantee of digital rights, the Royal Decree 1720/2007, of December 21, which approves the Regulations for the development of the Organic Law on Data Protection, and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
4.1. Responsible for the Processing of Personal Data
The person responsible for the treatment of personal data that the User provides when accessing and using the App, is, as the owner, NEW HORIZONS 81 S.L., with CIF B98814106, with registered office at calle Luis Santangel 22-9, 46005-Valencia (Spain), registered in the Commercial Registry of Valencia, VOLUME 10.113, PAGE 49, PAGE V-1704445, telephone +34636496315 e-mail email@example.com.
NEW HORIZONS 81 S.L. undertakes to apply the computer security measures provided for in the aforementioned regulations, in order to prevent access or improper use of the data, its manipulation, deterioration or loss.
4.2. Data Storage Duration
NEW HORIZONS 81 S.L., as the controller, undertakes to store and manage the personal data and information collected through the App with due confidentiality as long as the relationship arising from the use of the App and its services is maintained and the interested person does not request its deletion, and in its case, for a period not exceeding 5 years, counting from the end of the relationship established between the User and NEW HORIZONS 81 S.L.- However, the data controller may keep, duly blocked, the data to attend to possible administrative or jurisdictional responsibilities.
4.3. Purposes of Data Processing
The operations, procedures and technical procedures, whether carried out in an automated or non-automated manner, that enable the collection, storage, modification, transfer and other actions on personal data, are considered to be personal data processing.
At NEW HORIZONS 81 S.L. we treat the personal data that the User provides us through SKIANA® in order to offer him the best experience of use and navigation, manage his account in SKIANA®, contact the User in the event of any incident in the service, answer the user’s queries, send the User commercial communications.
In addition, the treatment of this collected data also implies managing the sending of the information that is requested and being able to respond to queries or questions that the User sends through the communication channels, in turn facilitating to the Users the offers of services and products that are of interest to him/her.
The fields of the records must be completed compulsorily so that NEW HORIZONS 81 S.L. can fulfill the purposes abovementioned.
The App can use the data provided by Users through the App services to draw general conclusions based on this data and statistical reports to improve the services. When preparing these reports, the data will be in aggregated form, so they will always be used anonymously and without any element that identifies the user who provides said data. Therefore, identification data such as the email account, name and surname of any User will not be included in these statistical reports.
The User can oppose the sending of commercial communications at any time by sending an email message to the indicated address firstname.lastname@example.org.
4.4. Legitimation for the Treatment of the Data
The processing of personal data provided by the User is carried out based on the following legal bases that legitimize it:
- The use of the SKIANA® App and associated services, whose terms and conditions have been previously made available to the User. In order to carry out this relationship, the User is obliged to provide their data.
In the event that the User does not provide the aforementioned data or they are erroneous or inaccurate, NEW HORIZONS 81 S.L. will not be able to attend to the request, making it impossible to provide the requested information or carry out the contracting of the services. Therefore, the data controller, NEW HORIZONS 81 S.L., will be exonerated from any responsibility that may arise from the consequences that derive from this inaccurate or erroneous information.
4.5. Data communication
In general, NEW HORIZONS 81 S.L. will not communicate these personal data to third parties, with the exception that the provision of a service implies the need for a contractual relationship with a data processor and this is strictly necessary to manage and maintain the relationship between the User and the aforementioned company, prior express authorization by the User. This will be done only during the time necessary to enable the execution of the commission contract, and under the same conditions and with the same responsibilities that are required of the person responsible.
Once the order is finished, the person in charge of the treatment will return to the Controller the personal data and will delete any copy that it has.
The provision of SKIANA® services requires the subcontracting of accommodation services and other technological issues. Specifically, technological services for storage, server hosting and processing are contracted with the following companies:
- Microsoft Azure( North Europe, Ireland; West Europe, Netherlands)
The data processing carried out by the data processors is regulated by a contract by which they are obliged to treat the data in a secure manner and respecting data protection.
Notwithstanding the foregoing, the User knows and accepts that NEW HORIZONS 81 S.L. may substitute the data processors for other service providers, for which it is guaranteed that the new provider will also respect privacy and the relationship will be contractually regulated.
Both companies are subscribed to the Privacy Shield agreement, so they have a commitment to data protection and NEW HORIZONS 81 S.L. has their commitment so that the data is not stored outside the European Union.
NEW HORIZONS 81 S.L. does not foresee that the rest of the subcontracting carried out implies access to the User’s files. However, in the event that such access is necessary to fulfill the object and purpose of the aforementioned Contract, the User may authorize such subcontracting, in accordance with the provisions of article 28.2 Regulation (EU) 2016/679 of the European Parliament and of the Council, dated April 27, 2016, by prior written or specific authorization. In any case, the document that regulates such relationship will contain the provision of sufficient guarantees of application of appropriate technical and organizational measures, so that the treatment is in accordance with data protection regulations.
On the other hand, only will have right to access to the personal data third parties with whom NEW HORIZONS 81 S.L. has a legal or contractual obligation to provide them, including, for example, the Ombudsman and Judges and Courts interested in the procedures related to the claims presented.
4.6. Rights of the Interested Parties
The User may exercise at all times, under the terms established in current legislation, the rights of access, rectification or deletion of data, request that treatment be limited, oppose it, request the portability of their data, as well as revoke the consent given, rights recognized in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016. The exercise of these rights can be done by the User himself by contacting NEW HORIZONS 81 S.L. at the address of its registered office indicated above; by sending an email to the following address email@example.com or to the postal address C/Luis Santangel 22-9 CP 46005, Valencia (Spain).
For the effective exercise of these rights, the User must prove their identity by providing their name and surname, photocopy of their ID or equivalent identification document that proves their identity, request in which the request is made, address for the purposes of notifications, and date and signature of the applicant.
Likewise, the User may claim before the Spanish Agency for Data Protection (Control Authority competent in this matter), especially when they have not obtained satisfaction in the exercise of their rights, by writing addressed to it, C / Jorge Juan, nº 6 , 28001 – Madrid, or through the web: https://www.agpd.es
5. Applicable law